General Terms And Conditions
EWA SB Technik GmbH (hereinafter "EWA") sells exclusively to commercial
customers. The sale to consumers acc. § 13 BGB is excluded.
Entrepreneurs are not entitled to the statutory right of withdrawal for consumers.
A revocation of the contracts is excluded.
- For all contracts concluded with EWA, the following terms and conditions apply exclusively.
- The application of general terms and conditions of the contracting party is expressly contradicted. An exception applies only if EWA has expressly agreed in writing to the validity of the general terms and conditions of the contracting party.
II. Conclusion of contract
- Quotations as well as cost estimates of EWA are non-binding.
- A contract is only concluded by a written order confirmation by EWA. Collateral agreements and amendments require the written confirmation of both contracting parties in order to be binding.
- Specifications made by EWA regarding technical data, measurements, performance and consumption are not binding, subject to a separate written confirmation.
III. Prices and payment terms
- EWA prices are ex-works, unless EWA makes different statements in the order confirmation.
- Invoices from EWA for the purchase of investment are due within 10 bank working days from date of invoice net cash for payment. Other terms of payment only apply if they have been expressly agreed in writing in the order confirmation.
- EWA invoices for repairs, spare parts, assembly and service work are due for payment immediately upon receipt by the other party and without any deductions.
- If the contractual partner is in default of payment, EWA is entitled to demand default interest in the amount of 12% above the base interest rate.
- Checks are credited only after redemption by EWA.
- Deliveries of goods with an invoice value of up to € 200.00 can be shipped by EWA by cash on delivery.
- The contracting party shall not be entitled to withhold payments or to set off against EWA if these are counterclaims of the other contracting party which EWA disputes.
IV. Delivery time
- All statements made by EWA about delivery dates are not binding. EWA will not be in default by exceeding non-binding delivery dates or delivery deadlines unless the contractual partner has put EWA in default by a reminder.
- The parties may determine the binding nature of the delivery date or the delivery period by means of an express written agreement.
- The delivery period for EWA does not begin before the contractual partner fulfills the agreed contractual obligations.
- In order to comply with the delivery deadline by EWA, it is sufficient that the delivery item has left the factory by the end of the period or EWA has notified the contractual partner of the readiness for shipment.
- The contractor cannot invoke EWA's failure to meet the delivery deadline if the delay in delivery is due to force majeure, labour disputes or other events beyond the control of EWA. In such cases, the delivery deadline for EWA is extended by an appropriate period. EWA shall notify the other party of the existence of the aforementioned circumstances without delay. EWA shall not be responsible for the aforementioned circumstances even if they arise during an already existing delay.
- The contracting party may demand that the dispatch by EWA takes place later than the agreed delivery date. In this case, the contractor shall bear the costs incurred by EWA through storage. EWA calculates the costs basically with 1% of the invoice amount per month. The replacement obligation of the contracting party begins at the end of the first week after notification of readiness for dispatch by EWA. In this case, EWA reserves the right to otherwise dispose of the delivery item after the expiry of a reasonable grace period for acceptance by the contracting party. In this case delivery to the contracting party shall be effected with a reasonably extended new delivery period, which EWA shall immediately inform the contracting party.
V. Transfer of risk and acceptance
- The place of fulfillment is the headquarters of EWA, Deutronicstr. 6, 84166 Adlkofen.
- The transfer of the material risk shall pass to the contracting party upon transfer of the delivery item from EWA. If the delivery item is shipped by EWA, the risk passes to the carrier upon delivery. The transfer of risk is valid irrespective of the other circumstances of the delivery such as the assumption of shipping costs.
- Partial deliveries by EWA are generally permitted. The transfer of risk according to section 2 also takes place in the case of partial deliveries by EWA.
- The same applies to the default of acceptance of the contracting party. This begins with notification of readiness for dispatch by EWA. The contracting party remains obligated in the event of subsequent impossibility for consideration.
- Insignificant defects of the delivery item do not entitle the contractual partner to reject the delivery. The rights in Section VI. stay untouched.
- The warranty period for EWA contract products is 12 months. The warranty period begins with the transfer of risk.
- The contracting party is obligated to inspect the delivery item for defectiveness immediately after delivery and to notify EWA of a defect by issuing a notice of defects in written form. This applies accordingly to a subsequently occurring defect.
- In the case of work performed by EWA, the contracting party is obligated to inspect the service for defectiveness immediately after completion and to notify EWA of a defect by issuing a notice of defects in written form. This applies accordingly to a subsequently occurring defect.
- The contractual partner is entitled to warranty claims against EWA if the item delivered by EWA or the work performed by EWA is negligent. However, the warranty claims are initially limited to subsequent fulfilment. This is free. In this case, EWA is free to remedy the defect by rectification or to deliver a defect-free product. The rectification can be carried out either at EWA's factory or at the customer's own. Multiple repairs are possible.
- The contractual partner can withdraw from the contract if the supplementary performance by EWA has failed.
- The contractual partner can only demand compensation for defective services from EWA if EWA has acted deliberately or through gross negligence, or if EWA has violated a material obligation, so-called cardinal obligation, from the contract. The claim for damages is limited in any case to the typically foreseeable damage to the delivery item or the work created.
- The warranty covers all parts of the delivered machinery and equipment.
- There is no warranty for damages caused by the following reasons:
- Improper use of the delivery item by the customer, eg. by vacuuming without filter cartridges, faulty power connection or overvoltage in the power grid,
- self-made repairs by the customer and unauthorized third parties,
- Operation of the system at higher pressure or speeds than prescribed,
- Operation of the system with fragrances other than EWA tested as appropriate for these purposes in the prescribed dosage,
- Disassembly or other unauthorized modification of our equipment - including vandalism, damage to the cash boxes or start-up damage,
- faulty installation and commissioning by the customer or third parties,
- jaulty or negligent treatment and maintenance,
- force majeure, weather (lightning, flood, hail, storm)
- Individual components (for example, connecting pieces from the suction hose to the suction nozzle or to the device, filter inserts, etc.) of the subject matter of the EWA may be subject to wear depending on the type of construction and the materials used, depending on the intensity of use of the subject of the contract; which requires replacement of the component prior to the expiry of the warranty period in the course of maintenance work, without existing any defect in this respect which triggers warranty claims.
VII. Exclusion of liability
- Unless otherwise stated below, further claims of the contracting party - for whatever legal reason - are excluded.
- EWA is not liable for damages that did not occur on the delivery item or on the created work itself, so-called consequential damages; in particular, liability for lost profits or other pecuniary losses of the contracting party shall be eliminated.
- This disclaimer of liability does not apply in the event of damage resulting from injury to life, limb or health of the contracting party, as well as in the event of a breach of essential duty (cardinal obligation) under the contract. It also does not apply insofar as EWA has caused damage intentionally or through gross negligence.
- Furthermore, it shall not apply if the contractual partner is entitled to claim damages for non-fulfilment because of a granted guarantee. However, the liability is limited to the foreseeable, contract-typical damage.
- In addition, the disclaimer does not apply to claims acc. §§ 1 and 4 Product Liability Act.
- A change of the burden of proof to the detriment of the contracting party is not connected with the above regulations.
VIII. Retention of title
- EWA retains ownership of the delivery item until complete payment of the purchase price to the other party. The declaration of transfer by EWA is conditional on this; the contracting party accepts the declaration under conditions precedent as contractual fulfilment.
- The contractual partner may neither pledge nor assign as security the delivery item before complete payment of the purchase price and transfer of ownership. In the event of seizure, confiscation or other dispositions by third parties, the contracting party must notify EWA immediately.
- In the event of a breach of contract by the contracting party, in particular, in the case of default of payment, EWA shall be entitled to demand the return of the delivery item after a single reminder for payment. The contracting party is obliged to surrender to EWA. The assertion of the rights from the retention of title shall not be deemed a withdrawal from the contract.
IX. General regulations
- The place of performance for the legal relationships of the contracting parties is the headquarters of EWA in Adlkofen.
- Insofar as the contract is a mutual commercial transaction, the place of jurisdiction for all disputes arising therefrom is the Regional Court Landshut.