Company. eso GmbH electronics - service - organization
Waldesch 30, D-88069 Tettnang

• General clauses
  
  
  • Clauses agreed upon in individual contracts within the contractual relation proceed the general trading conditions. If individual clauses are ineffective, the remaining clauses remain effective.
    
  • General trading conditions of the purchaser are just effectively agreed upon to the extent they are brought to our knowledge in time and as far as they do not oppose the individual contractual clauses or the following regulations.
    
  • For the effectiveness of the inclusion of the general trading conditions of the purchaser, our explicit written confirmation is required.
    
    
• Offer and conclusion of a contract
  
  
  • Offers are non-binding and not obligatory on our part. An acceptance of the purchaser is an offer towards us, which we can accept in written form within two weeks after receipt; without written confirmation, the contract is also concluded by delivery or achievement respectively partial delivery or partial achievement.
    
  • Deviations of the ordered or supplied articles from the order, in particular regarding material and implementation, remain explicitely reserved in the context of the technical progress.
    
  • Requested changes and supplementations of the orderer must be confirmed by us in writing to become effective. The same applies to additional agreements made in addition of the order.
    
    
• Delivery time
  
  
  • The dates of delivery specified by us are noncommittal, unless they have been confirmed by us as "binding date of delivery" in writing.
    
  • A condition of the adherence to the date of delivery is the punctual fulfilment of the contractual obligations taken by the purchaser, like effecting agreed payments and/or the effecting of agreed securities.
    
  • We do not take procurement risks. We are entitled to withdraw from the contract if despite a previous buying contract the contractual item is not supplied to us; our responsibility in case of intent or negligence remains unaffected in accordance with the condition of the number VII. We will inform the buyer immediately about the non-punctual availability of the delivery article and will exercise the option to withdraw immediately, if he wants to withdraw; we will refund the appropriate goods and services immediately to the buyer in the case of withdrawal.
    
  • The buyer is only entitled to asserting further rights in the case of a delay which we are responsible for, if a respite of at least 3 weeks, set by him after distortion entrance, elapsed fruitlessly.
    
    
• Shipment/supply
  
  
  • If a shipment of the ordered goods is necessary, the shipment takes place starting from our registered place of business on calculation and danger of the purchaser. In case of lack of special agreements, the choice of the transporting company as well as the kind of means of transport are ours. The risk is also transferred to the purchaser by sending the goods starting from our registered place of business, if freight-free supply is agreed upon.
    
  • If the shipment is being delayed by circumstances the purchaser is responsible for, the risk is already transferred to the purchaser at the time the goods are ready for shipment. The purchaser has to bear the cost resulting from the delay (in particular storage expenses).
    
  • We are not obligated to insure or let insure the delivered goods against transport damages unless an appropriate obligation has been accepted by us in writing.
    
  • The minimum order value for shipped supplies amounts to 25€ (without legal value added tax). For supplies below the minimum order value, we charge an additional lump sum of 10€ (plus legal value added tax).
    
  • The packaging is not included in the purchase price.
    
    
• Retention of title
  
  
  • The delivery article remains our property up to the fulfilment of all claims, which we are entitled to towards the purchaser out of the business relation. In case of negligence of his obligations by the purchaser, in particular in case of delay of payment, we are also entitled without setting a period of grace to demand the restitution of the delivered article and/or withdraw from the contract; the purchaser is obligated to restitution. By demanding the restitution of the delivered article no withdrawal from the contract is declared, unless this is expressly done.
    
  • In the case of distraint of the commodity off the purchaser, we are to be informed immediately under transmittal of a copy of distraint minutes and a declaration in lieu of an oath about the fact that the distraint concerns the commodity which had been supplied by us and which is under retention of title.
    
  • The asserting of our rights from the retention of title does not relieve the purchaser of its contractual obligations. The value of the commodity at the time of the redemption is just subtracted from our existing claims towards the purchaser.
    
    
• Guarantee
  
  
  • The purchaser is obligated to examine the supplied commodity immediately after delivery and to communicate obvious lacks in writing, at the latest within a period of two weeks from delivery. Lacks which were reprimanded late are not considered by us and are excluded from the guarantee. We approve notices of defect only if they were communicated in writing. Reprimands towards field representatives, delivery personnel or other third parties do not meet form or period requirements.
    
  • The purchaser has to meet his contract obligations, in particular the agreed terms of payment. Notices of defect do not entitle the purchaser not to fulfill contract obligations on his part, to charge up against or to effect a right of lien - unless the the notice of defect has been accepted by us without restriction and/or legaly determined. Just with our written consent the return of the commodity to us, necessary in case of a defect being present, may take place. Returns without previous agreement do not need to be accepted by us. The purchaser bears the cost of the return.
    
  • Claims for lack do not exist in the case of insignificant deviation from the contractually owed condition or in case of insignificantly impaired usefulness.
    
  • If a lack is present and if this was communicated by means of effective notice of defect, the buyer can first demand rectification. At our discretion, we supply again or improve. If the rectification fails, the purchaser is entitled to demand reduction of the price or - at his discretion - to withdraw from the contract. The right of the purchaser to demand payment of damages in accordance with legal regulations and these conditions instead of the achievement remains unaffected .
    
  • If the purchaser chooses to demand payment of damages instead of the achievement, then failing is only given after the unsuccessful second attempt of rectification. The legal cases of the dispensableness of the period setting remain unaffected.
    
  • The expenses necessary for the purpose of the rectification pays the purchaser as far as they increase because the goods have been brought to another place than our address, unless the placing corresponds to the intended use of the goods.
    
    
• Liability
  
  
  • We are liable in cases of intention or gross negligence, as well as for intention and gross negligence of a representative or an executing aide according to the legal regulations. In all other respects we are liable only according to the product liability law, because of the injury of the life, the body or the health or because of the culpable injury of substantial contract obligations. The claim for damages for the injury of substantial contract obligations is however limited to the contract-typical, foreseeable damage. Our liability is also limited in cases of gross negligence to the contract-typical, foreseeable damage, if none of the exceptional cases mentioned in sentence 2 of this paragraph 1 exist.
    
  • The liability for damage by the delivered article to legal goods of the purchaser, e.g. damage to other things, is however completely excluded. This does not apply as far as intention or gross negligence is present or because liability for the injury of the life, the body, the health is owed.
    
  • The regulations of the preceding paragraphs 1 and 2 extend to payment of damages apart from the achievement and payment of damages instead of the achievement, no matter on which legal ground, in particular because of lack, the injury of obligations from the contract or from unallowed action. They apply also to the claim on substitution of futile expenditures.
    
  • We are liable for delay of the achievement in cases of intention or gross negligence or for those of a representative or an executing aide according to the legal regulations. Our liability is however limited to the contract-typical, foreseeable damage in cases of gross negligence, if none of the exceptional cases specified in paragraph 5 of this regulation is present. In all other respects our liability due to delay of the achievement for the payment of damages is limited - apart from the achievement - to 7,5 % and for the payment of damages instead of the achievement to 15 % of the value of the supplied goods. Further claims of the purchaser against us are excluded, also at expiration of a set period for achievement. The preceding delimitations do not apply for liability because of the injury of the life, the body or the health.
    
  • We are liable for impossibility of the supply in cases of intention or the gross negligence on our side or that of a representative or an executing aide according to the legal regulations. Our liability is however limited to the contract-typical, foreseeable damage in cases of gross negligence, if none of the exceptional cases specified in paragraph 5 of this regulation is present. In all other respects our liability due to impossibility for payment of damages and on substitution of futile expenditures is limited to altogether 10 % of the value of the supply. Further claims of the purchaser due to impossibility of the supply are excluded. This restriction does not apply in cases of liability due to intention, gross negligence or injury of the life, body or health. The right of the purchaser to withdraw from the contract remains unaffected.
    
  • The purchaser can only withdraw in the context of the legal regulations from the contract, if the obligation injury is our responsibility; in case of lack however the legal conditions remain effective. In case of obligation injuries, the purchaser has to declare within an appropriate period after our request whether he withdraws because of the obligation injury from the contract or insists on the supply.
    
    
• Exclusion of warranties
  
  We exclude the assumption of somehow constituted warranties, unless we effected an expressed written agreement with the buyer.
  
  
  
• Prices
  
  
  • The price calculation takes place starting from our registrated address in euro plus the at that time valid sales tax.
    
  • In the cases of pre-payment, cash on delivery and payment within 10 days we grant a discount on invoiced amounts starting from 25€ (net) of 2 %.
    
  • If the purchaser is in delay, interests of 7 %-points over the respective basis interest rate of the German Federal Bank (§ 247 BGB) are to be paid.
    
  • Bills of exchanges are accepted as payment only when previously agreed to in writing. The purchaser is charged discounting expenses from the day of maturity of the claim, no matter when the bill of exchange was accepted. We do not take any guarantee for punctual collection or punctual protest.
    
  • If bills of exchanges or cheques are not credited in time by the drawn, all otherwise existing claims of the purchaser towards us become due at that moment. Otherwise existing dates of payment purge. The same applies if a demand with maturity is not paid.
    
  • A refund of the payment or a charge-up because of probably existing counterclaims is excluded with exception of undisputed or legaly determined claims.
    
  • If doubts develop against the creditworthiness of the purchaser after contract conclusion, then we can make the continuation of the supply dependent on the immediate payment as well as the payment not yet balanced demands from other sales contracts with us.
    
    
• imitations of claims
  
  
  • The period of limitation for claims due to lack of the supply - no matter on which legal ground - amounts to one year. This does not apply however in the case of § 479 Abs. 1 BGB (Rückgriffanspruch des Unternehmers). In that case, a period of 3 years applies.
    
  • The periods of limitation stated in paragraph 1 also apply to all claims for damages against us resulting from the lack, independently of the legal basis of the claim. To claims for damages not standing in connection with a lack applies paragraph 1 accordingly. As far as claims for damages, which are not related to a lack, exist against us, the period of limitation of paragraph 1 sentence 1 applies to them.
    
  • The periods of limitation after Abs. 1 and Abs. 2 applies under the following condition:
    
    • The periods of limitation generally do not apply in the case of intent
      
    • The periods of limitation do also not apply, if we concealed the lack bad-cunningly. If bad-cunning concealing is present,  instead of the periods mentioned in paragraph 1 the legal periods of limitation apply.
      
    • The periods of limitation do furthermore not apply to claims for damages in the cases of the injury of life, body or health or liberty, to claims according to the product liability law, to grossly negligent obligation injury or to injury of substantial contract obligations.
      
  • The period of limitation begins at the moment of delivery for all claims.
    
  • Soweit nicht ausdrücklich etwas bestimmt ist, bleiben die gesetzlichen Bestimmungen über die dem Verjährungsbeginn, die Ablaufhemmung, die Hemmung und den Neubeginn von Fristen unberührt.
    
    
• Place of delivery/area of jurisdiction
  
  
  • Erfüllungsort ist Tettnang
    
  • As far as not expressly something else has been stated, the legal regulations remain unaffected on begin of period of limitation, the expiration inhibition, the inhibition and the new beginning of periods.