Terms & Conditions
General Terms and Conditions (GTC)
1. General
EBS quotations are non-binding. A contract is formed only upon written order confirmation by EBS.
2. Prices
Prices are as per the price list valid at the time of order or the quotation issued. All prices are net, plus statutory VAT and any costs for special delivery handling or special packaging, unless the quotation or order confirmation states otherwise.
3. Delivery
3.1 Delivery is unpaid unless otherwise agreed.
3.2 Partial deliveries are permitted.
3.3 Agreed delivery dates will be met where possible but depend on the buyer fulfilling their contractual obligations in full and on time.
3.4 Binding delivery dates must be agreed in writing and marked as binding.
3.5 Events for which EBS is not responsible entitle EBS to postpone delivery dates as appropriate.
3.6 Products not accepted on time will be stored at the buyer’s risk and cost.
3.7 Risk passes to the buyer upon delivery.
4. Payment terms
4.1 Payment is due net 30 days after invoice date or as per special agreement.
4.2 In case of late payment, EBS may charge default interest at the statutory rate. For commercial transactions, the default interest rate is nine percentage points above the respective base rate (§ 288(2) BGB).
4.3 The buyer may set off against EBS claims only with undisputed or legally established counterclaims.
5. Retention of title
5.1 EBS retains title to delivered products until full payment.
5.2 In case of default EBS may demand return of the equipment.
5.3 Products under retention of title may not be exported or used outside Germany without EBS’s written consent.
6. Documentation and rights
6.1 Documentation supplied that contains trade secrets or copyright-protected content may be used only for operating EBS equipment.
6.2 All rights to drawings, information, inventions and developments remain with EBS.
6.3 The buyer has no right to retain documentation.
7. Warranty and liability
7.1 EBS warrants that products are free of defects in material and workmanship at the time risk passes.
7.2 The warranty period is 36 months unless otherwise stated.
7.3 Obvious defects must be reported in writing within one week.
7.4 EBS may choose to remedy the defect or deliver a replacement.
7.5 Warranty does not cover damage due to improper handling, external factors or force majeure.
7.6 Further claims, in particular for damages, are excluded unless EBS acted with intent or gross negligence.
8. Exchange and changes
EBS reserves the right to exchange or change equipment specifications provided this does not substantially affect functionality.
9. Miscellaneous
9.1 Amendments or additions to the contract require written form.
9.2 Assignment of the buyer’s claims requires EBS’s consent.
9.3 If individual provisions of these GTC are invalid, the validity of the remaining provisions is unaffected.
9.4 Place of performance and jurisdiction is Offenbach/M., unless mandatory law provides otherwise.