T&C business customers

EUROSTAIR PRODUCTION FROM General Terms and Conditions of Sale (business customers)

Thank you for your order, which we confirm subject to the exclusive application of these terms and conditions of sale:

§ 1 General - Scope of application

1. our terms and conditions of sale apply exclusively; we do not recognise any terms and conditions on your part that conflict with or deviate from our terms and conditions of sale unless we have expressly agreed to their validity in writing. Our Terms and Conditions of Sale shall also apply if we carry out the delivery to you as the customer without reservation in the knowledge that the customer's terms and conditions conflict with or deviate from our Terms and Conditions of Sale.

2. all agreements made between us and you for the purpose of executing this contract are set out in writing in this contract.

3. these terms and conditions of sale only apply to entrepreneurs (cf. § 310 para. 1 BGB).

4. the clauses of the VOB/B are only included in the contract if this is confirmed separately in writing, otherwise we reject the inclusion, in particular by conflicting general terms and conditions.

§ 2 Orders

1. if the order is to be qualified as an offer in accordance with § 145 BGB, we can accept this offer within two weeks.

2. we reserve the right of ownership and copyright and other rights to illustrations, drawings, calculations and documents containing planning services and all other documents provided by us; they are confidential, in particular their contents may not be disclosed to third parties. This also applies to written documents that are labelled "confidential". They require our express consent before being passed on to third parties.

§ 3 Prices - Terms of payment

1. unless otherwise stated in the order confirmation, our prices are "ex works", excluding packaging; this will be invoiced separately.

2. all offers, prices and delivery times are based on the material, labour and freight costs on which the offer is currently based. If the price has increased at the time of performance due to a change in the market price or due to an increase in the fees charged by third parties that were included in the performance, the higher price shall apply. If this is 20% or more above the agreed price, you have the right to withdraw from the contract; the cancellation must be made immediately after notification of the increased price.

3. the statutory value added tax is not included in our prices; it will be shown separately in the invoice at the statutory rate on the day of invoicing.

4. the deduction of a discount requires a special written agreement.

5. unless otherwise stated in the order confirmation, the net purchase price (without deduction) is due for payment within thirty days of the invoice date. The statutory regulations regarding the consequences of a delay in payment shall apply.

6. you are only entitled to set-off rights if your counterclaims have been legally established, are undisputed or have been recognised by us. Furthermore, you are only authorised to exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.

§ 4 Delivery time

1. compliance with our delivery obligation presupposes the timely and proper fulfilment of the obligations on your part, the defence of non-performance of the contract remains reserved.

2. if you are in default of acceptance or culpably violate other obligations to co-operate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. Further claims or rights remain reserved.

(3) If the conditions of paragraph 3 are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to you at the point in time at which default of acceptance or debtor's delay occurs.

4. we shall be liable in accordance with the statutory provisions insofar as the underlying purchase contract is a fixed-date transaction within the meaning of § 286 para. 2 no. 4 BGB or § 376 HGB. We shall also be liable in accordance with the statutory provisions insofar as you are entitled to assert that your interest in the further fulfilment of the contract has ceased to exist as a result of a delay in delivery for which we are responsible.

5. we shall also be liable in accordance with the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible. If the delay in delivery is due to a grossly negligent breach of contract for which we are responsible, our liability for damages shall be limited to the foreseeable, typically occurring damage.

6. we shall also be liable in accordance with the statutory provisions if the delay in delivery for which we are responsible is due to a culpable breach of contract.