EKB
§ 1 Scope of Application
Our terms of purchase apply alongside German federal law, excluding the UN Convention on Contracts for the International Sale of Goods. Any conflicting terms of the supplier will not be accepted. These terms also apply to all future transactions with the supplier, even if not expressly agreed again.
§ 2 Conclusion of Contract
We reserve the right to withdraw our orders if the contract is not concluded within a period of 14 days. Oral statements or changes and amendments to the contract require written form or written confirmation to be valid.
§ 3 Terms of payment
The price stated in the order is binding. Delivery shall be free to surrounding shipping addresses. We shall only bear the costs of packaging or insurance after prior written agreement. Unless otherwise agreed in writing, we shall pay the purchase price within 14 days of delivery and receipt of invoice with a 2% discount or net within 30 days of receipt of invoice.
§ 4 Delivery time
The delivery time stated in the order is binding. A dispatch note must be sent to us on the day of dispatch. The risk shall pass to us upon receipt of the goods. In the event of a delay in delivery, we shall be entitled to claim damages for delay in the amount of 2% of the delivery value per completed week, but not more than 10% in total. Further statutory claims shall not be affected by this provision. The supplier has the right to prove to us that no damage or significantly less damage has been incurred as a result of the delay.
§ 5 Notification of defects
We are obliged to inspect the delivered goods immediately for obvious defects and otherwise within a reasonable period for deviations in quality and quantity. The complaint shall in any case be deemed to have been made in good time if it is received by the supplier within a period of 5 working days after receipt of the goods by the customer, whereby obvious defects must be reported immediately.
§ 6 Liability for material defects
We are entitled to the statutory rights of liability for material defects and defects of title without restriction. The limitation period for rights arising from liability for material defects and defects of title is agreed to be 24 months from receipt of the goods by the customer.
§ 7 Place of performance — place of jurisdiction
The place of performance for our payments is Hanover. If the supplier is a registered trader, a legal entity under public law or a special fund under public law, the place of jurisdiction shall also be Hanover. However, we are entitled to bring an action at the supplier’s head office or place of business.