Terms and Conditions of Erkis Plast
Offer and Conclusion
Our deliveries and services are subject to these terms and conditions. Business or conditions of purchase are only effective if
we recognize them in writing. The latest upon receipt of our goods or services, our terms are considered accepted.
Our offers are subject to change. All agreements shall be effective only after written confirmation. The sale is always reserved.
Unless expressly agreed otherwise, the measurements, weights and volumes are provided by us or our suppliers documentation for a major accounting purposes.
The buyer is not entitled to withhold payments to withhold because of any counterclaims, including claims under warranties or offset, either because such claims are recognized by us in writing.
Limitations of liability
guarantees or assurances regarding the marketability of the goods or their fitness for a particular purpose or in any other way be
explicitly given by us nor by representation.
Should the goods supplied not comply with the treaty flawed or otherwise, at our option is a reasonable for us discounts granted or
the defective goods within a reasonable time replace defective and contractual goods. All other rights or claims, such as payment of the failed production time or compensation claims due amounts produced from the defective goods or transport costs of the buyer are excluded.
The buyer must collect defects and quality complaints at the latest after 14 days and accompanied by supporting documents to the Seller in writing. Three months after delivery is also excluded liability for hidden defects. If the buyer upon request any samples of the rejected goods immediately available all warranty claims. Notwithstanding an earlier statute of limitations, the defect claim barred four weeks after rejecting the complaint.
In case of the absence of proper or timely delivery, we are entitled to suspend or this Agreement or the affected delivery obligation
stepping through no fault or force majeure events caused, which make it impossible for us or our suppliers to ship or transport, we are freed without further obligation of delivery. Obstruction and aggravation in the mentioned sense, such obstacles have to understand that we are not cause reasonable cost, as well as official measures, shortage of raw materials, transport difficulties and damage to machinery.
For materials that we offer as a special item or NT post and sell, we assume no liability as these products NT (not the same typology) his goods, ie u. U. may include a defect or can be derived from overproduction and if applicable, the property profile of the standard product. do not comply. These products must be checked to ensure their suitability exact least by the buyer. Test certificates, we are left to our customers no guarantee for the specified Characteristics. The individual values can be different due to different measurement methods or the environment or other species. The buyer agrees to perform a respective input testing and suitability for the individual products, especially for special or NT post but also for standard
goods and other goods determine.
Retention of title
Goods and all related documents (retention of title) remain our sole property until the complete fulfillment and satisfaction of all present and future claims from business relations with the buyer.
Up to full payment of the purchase price, the buyer is obliged to retention of title as such to store for us and to store them separately, and this clearly mark them as our property.
The sale, use or consumption, he reserved goods is permitted only in the ordinary course of business. The buyer is not entitled on
to have retention of title, make or permit particular pledges or chattel. All the buyer with regard to the
retention of title from resale or other legal grounds monies owed enters the purchaser hereby assigns to us in advance in full. The
Buyer is entitled to collect the assigned claims only in ordinary course of business and only revocable. In the case of combining, mixing, blending or processing of the reserved goods by the purchaser or the transformation with other goods, come to the emerging new product co-ownership in proportion of the invoice value of the reserved goods to the other goods.
The authorization of the purchaser to dispose of the reserved goods and the processing, transformation, mix and blend and collection of assigned claims will automatically terminate upon failure to meet the terms of payment for unauthorized disposal and even if one against the buyer Is sought bankruptcy or initiated or a significant deterioration in the financial system of the buyer looming or we become aware. In these cases we are entitled to take the reserved goods immediate possession to enter the purchaser’s premises for this purpose, appropriate information about the retention of title and any claims to demand from its resale and to inspect the books of the purchaser, to the extent this for our rights is assurance. A return of the goods does not constitute withdrawal from the contract. We are entitled to dispose of the seized goods properly and to credit the Verwertungserlös- thereby obtained by deducting the Verwertungskosten- to continue owed purchase price.
The value of the securities given to us exceeds the claims by more than 20%, so we are on demand of the buyer committed to the excess release securities.
Insofar as the applicable law can not or does not allow the agreement of a retention of title in the manner described above, the buyer agrees to initial requirements such as to provide appropriate security, the grant of a security interest Thingness (Security Interests). If the validity or the enforcement of a retention of title or other security, for example, presuppose a security interest, registration and / or fulfilling other requirements, the buyer is obliged to take on our first requests all necessary measures at its own expense, the effective justification for the retention of title or to permit an alternative security. The buyer hereby authorizes us irrevocably to take all actions taken by us as are deemed necessary to establish its retention of title or other collateral security to the goods.
Performance, Jurisdiction, Applicable Law
Place of performance for our deliveries is the district court Kleve
All contracts between us to the buyer (including questions of financial statements, the effectiveness and the involvement of Sell conditions) are subject to German, substantive law as between local parties applicable.