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Terms & Conditions




General terms and conditions for consumers

for Eisenmann Exhaust Systems GmbH, Saarstraße 45, 71282 Hemmingen

 

 

 

Validity of the terms and conditions, Definitions

1.1.  These general terms and conditions apply to all contracts that are concluded at www.eisenmann-exhaust-systems.com between us and a consumer. We do not recognize any of your terms and conditions that conflict with or differ from our General Terms and Conditions unless we have expressly agreed to their application.

1.2.  Consumers within the meaning of these General Terms and Conditions are natural persons whose purpose of concluding contracts predominantly cannot be attributed to either their commercial or self-employed occupations.
 

 

Offer and Conclusion of contract

2.1.  Our offers only address persons which are of full age and legally competent.

2.2.  Our offers do not constitute any binding offer, but an invitation to submit an offer by the customer.

2.3.  The customer's order is a binding offer to conclude a contract. We are entitled to accept  this offer within two business days. Acceptance shall be sent either by express statement to the customer or delivery of the goods.

2.4.  The e-mail that is automatically generated once the customer has placed his/her order, and that confirms the receipt of the order, does not constitute an acceptance of the contract but simply serves to fulfill legal obligations to provide information.
 

 

Delivery

3.1.  Deliveries shall be effected to the address supplied by the customer.

3.2.  If the customer is obligated to perform advance payment, performance times / deliverytimes stated in offers depend on the assumption that the customer has made ​​the payment immediately after conclusion of the contract.

3.3.  If no delivery time / delivery date is specified in the offers, the goods will be delivered within 15 working days after receipt of payment.

3.4.  Delivery will be made as far as possible in one shipment. But we are entitled to make partial deliveries and partial services, if reasonable for the customer.

3.5.  Mentioned delivery dates are no fixed delivery dates, unless we confirmed such a delivery date as fixed delivery date.

3.6.  In the event of defaults of delivery occurring either at our premises or those of our suppliers/sub-contractors due to force majeure or due to circumstances that equal force majeure (such as currency, trade and other governmental measures, strikes, operational disruptions such as fire, defects in machinery, breakage, shortages of raw materials or energy) we are entitled to postpone the delivery by the duration of the impediment. If the delays render the execution of the contract unreasonable for the customer, he shall be entitled to rescind. In the event of a frustration that is not simply of a temporary nature we shall be entitled to rescind the contract.

 

Unavailability

4.1.  Every offer is subject to self-supply; If the goods ordered are not available, because we are unpredictable and without default not supplied by our suppliers at the time of the conclusion of the contract, we have the right to release ourselves from the contract. In this case, we will inform the customer immediately that a delivery is not possible, and refund already received payments immediately. We only have this right, if we have concluded a cover transaction and were surprisingly not supplied from the supplier.

4.2.  A liability for damages for non-performance is excluded, unless we have acted intentionally or grossly negligent regarding the lack of availability. Liability for pre-contractual negligence remains unaffected.

 

Prices, Transportation costs

5.1.  Quoted prices are final prices inclusive of the respective current statutory value added tax.

5.2.  Shipping costs are shown in the order process. For an overview of shipping costs under
 www.eisenmann-exhaust-systems.com/shipping.

5.3.  Deliveries outside the EU may incur additional taxes, duties or fees payable by the customer directly to the relevant customs or tax authorities.

 

Payment, Due date and Default

6.1.  As a matter of principle we accept only the methods of payment that are listed in the order procedure.

6.2.  The customer is obligated to perform advance payment. 

 

Right of retention and Retention of title

7.1.  The customer has a right of retention in so far as his counterclaim is based on the same contractual relationship.

7.2.  The goods supplied shall remain our property until they are paid in full. In the event that third parties attach the reserved goods, the customer shall point out that the goods are our property and shall inform us immediately.

 

Liability for compensation

8.1.  We shall accept liability for grossly negligent or intentional breach of duty.

8.2.  We shall accept liability for slight negligence only in the event of our infringement of material contractual obligations, however limited to damage that was foreseeable when the contract was concluded. This limitation shall not apply in the event of damage to life, body and health. We are not liable for any other damage caused by slightly negligent defects of the item purchased. Any liabilities due to pre contractual breach of duty (culpa in contrahendo) or according to the Product Liability Law shall remain unaffected.

8.3.  Irrespective of any fault of ours we shall only accept liability in the event of maliciously concealing any defects or if we have undertaken to provide a guarantee or warranty. A manufacturer's guarantee is a guarantee of the manufacturer and does not constitute an assumption of a guarantee by us.

8.4.  We are also responsible for an impossibility to deliver occurring accidentally during the default period unless this damage would have also occurred in the event of timely delivery.

8.5.  As far as our liability to compensate is excluded or limited, such exclusion or limitation shall also apply to the personal liability to compensate of our employees, representatives and vicarious agents.

 

Alternative dispute resolution

9.1.  We do not participate in dispute resolution proceedings before a consumer arbitration board.

 

Final provisions

10.1. The law of the Federal Republic of Germany shall apply to the exclusion of the provisions of the United Nations Convention on the International Sale of Goods ("CISG"). If the customer is a consumer and does not reside in Germany, mandatory regulations of the country in which the consumer resides are not affected by this choice of law.

10.2. Should any of the aforementioned provisions be invalid in whole or in part, the validity of the remainder of the clauses or parts of the clauses shall not be affected thereby.

 

 

 

 

 

General terms and conditions for entrepreneurs / reseller

for Eisenmann Exhaust Systems GmbH, Saarstraße 45, 71282 Hemmingen

 

Validity of the terms and conditions, Definitions

1.1.  These general terms and conditions apply to all contracts that are concluded at  www.eisenmann-exhaust-systems.com between us and a consumer. We do not recognize any of your terms and conditions that conflict with or differ from our General Terms and Conditions unless we have expressly agreed to their application.

1.2.  Entrepreneurs within the meaning of these General Terms and Conditions are natural persons or legal entities or partnerships with legal capacity acting in pursuance of their commercial or self-employed occupations when they concluded a contract with us.

 

Offer and Conclusion of contract

2.1.  Our offers do not constitute any binding offer, but an invitation to submit an offer by the customer.

2.2.  The customer's order is a binding offer to conclude a contract. We are entitled to accept this offer within two business days. Acceptance shall be sent either by express statement to the customer or delivery of the goods.

2.3.  The e-mail that is automatically generated once the customer has placed his/her order, and that confirms the receipt of the order, does not constitute an acceptance of the contract but simply serves to fulfill legal obligations to provide information.

 

Delivery

3.1. Deliveries shall be effected to the address supplied by the customer.

3.2. If the customer is obligated to perform advance payment, performance times / delivery times stated in offers depend on the assumption that the customer has made ​​the payment immediately after conclusion of the contract.

3.3.  If no delivery time / delivery date is specified in the offers, the goods will be delivered within 15 working days after receipt of payment or for deliveries on account or cash on delivery after conclusion of the contract.

3.4. Delivery will be made as far as possible in one shipment. But we are entitled to make partial deliveries and partial services, if reasonable for the customer.

3.5. Mentioned delivery dates are no fixed delivery dates, unless we confirmed such a delivery date as fixed delivery date.

3.6. In the event of defaults of delivery occurring either at our premises or those of our suppliers/sub-contractors due to force majeure or due to circumstances that equal force majeure (such as currency, trade and other governmental measures, strikes, operational disruptions such as fire, defects in machinery, breakage, shortages of raw materials or energy) we are entitled to postpone the delivery by the duration of the impediment. If the delays render the execution of the contract unreasonable for the customer, he shall be entitled to rescind. In the event of a frustration that is not simply of a temporary nature we shall be entitled to rescind the contract.

 

Unavailability

4.1. Every offer is subject to self-supply; If the goods ordered are not available, because we are unpredictable and without default not supplied by our suppliers at the time of the conclusion of the contract, we have the right to release ourselves from the contract. In this case, we will inform the customer immediately that a delivery is not possible, and refund already received payments immediately.

4.2.  A liability for damages for non-performance is excluded, unless we have acted intentionally or grossly negligent regarding the lack of availability. Liability for pre-contractual negligence remains unaffected.

 

Prices, Transportation costs

5.1.  Quoted prices are final prices inclusive of the respective current statutory value added tax.

5.2.  Shipping costs are shown in the order process.

5.3.  Deliveries outside the EU may incur additional taxes, duties or fees payable by the customer directly to the relevant customs or tax authorities.

 

Payment, Due date and Default

6.1.  As a matter of principle we accept only the methods of payment that are listed in the order procedure.

6.2. The customer is, except in the case of cash on delivery or delivery on account, obligated to perform advance payment. In this case, the payment is due with the conclusion of the contract and receipt of the invoice or billing statement. When paying by cash on delivery or delivery on account the payment is due upon receipt of the goods and the invoice or billing statement.

6.3.  When paying by invoice, the customer comes in default after expiration of 14 days from receipt of the invoice and the goods. During default, the customer shall pay interest on the amount in arrears at the applicable statutory default interest rate. We reserve the right to assert further damages caused by default. Towards merchants our claim to the commercial maturity interest (§ 353 HGB) remains unaffected.

6.4.  We are entitled to send invoices exclusively by electronic means, provided that they comply with the VAT regulations.

6.5.  If the customer does not accept the goods delivered properly, he owes the additional costs incurred in the event of default of acceptance in particular. From the point of default on acceptance we are simply no longer responsible for negligence. Insofar as the customer unjustifiably, seriously and finally refuses acceptance, we can withdraw from the contract and, in particular, assert the loss of profit as compensation for damages.

6.6.  If a delivery by cash on delivery or on account is agreed with the customer and it becomes apparent after conclusion of the contract that the fulfillment of the payment claim by the customer due to the lack of capacity of the customer is endangered (e.g. by application for opening insolvency proceedings), we can ask the customer for advance payment and still withhold goods that have not been delivered.

 

Right of retention and Retention of title

7.1.  The customer has a right of retention in so far as his counterclaim is based on the same  contractual relationship.

7.2.  The goods supplied shall remain our property until they are paid in full. In the event that  third parties attach the reserved goods, the customer shall point out that the goods are our property and shall inform us immediately.

7.3.  The customer is entitled to resell the goods in the ordinary course of business.

7.4.  In this case, the customer hereby assigns to us all claims arising from the resale in the amount of the invoice amount. We accept this assignment.

7.5.  The customer is also authorized to collect the debt. We reserve the right to collect the claim ourselves if the customer does not meet his payment obligations properly.

7.6.  In the case of connection and mixing of the reserved goods, we acquire co-ownership of the new thing in proportion of the invoice value of the reserved goods to the other processed items at the time of connection / mixing.

 

Export control

8.1.  When passing on the goods delivered by us to third parties in Germany and abroad, the customer must comply with the respectively applicable regulations of the national and international export control laws and observe national or international export control regulations, for example embargoes or other sanctions.

 

Intellectual Property, Copyright

9.1.  The customer is not granted any rights to any intellectual property rights or copyrights of the goods or parts thereof, as well as related documents, illustrations and advertising material.

9.2.  In particular, the customer is not permitted to use texts or pictures of us without our express consent, unless exhaustion has occurred.

 

Data protection

10.1. Insofar as the customer provides us with personal data of his customers, e.g. in the context of the entrepreneur recourse after § 478 BGB, the customer carries the responsibility for the admissibility of this data transmission.

 

10.2. Obligation to inspect, notify and reject, warranty, guarantee.

10.3. If the customer is a merchant, he is obliged to examine the goods delivered by us for obvious defects. Notification of defects due to obvious defects must be declared to us within two weeks from handover of the goods to the customer. Hidden defects that can not be determined even after the immediate careful examination must be reported to us immediately after discovery, at the latest within two weeks of discovery. To meet the deadline, the timely dispatch of the complaint is sufficient.

10.4. Warranty claims, which are not directed to damages, expire one year from delivery of the goods. Claims under § 478 BGB remain unaffected.

10.5. After expiry of the above periods, the assertion of warranty claims or claims under guarantee is excluded.

10.6. In the case of a defect, the warranty is initially only limited to supplementary performance by us. We are entitled to make a repair and / or a replacement at our discretion. If we do not comply with this obligation within a reasonable period of time or if the repair fails despite repeated attempts, the customer is entitled to either reduce payment or withdraw from the contract.

10.7. Defects of a part of the delivered goods do not entitle to the complaint of the entire delivery, unless the partial delivery is of no interest to the customer.

 

Liability for compensation

11.1. We shall accept liability for intentional breach of duty.

11.2. We shall accept liability for negligence only in the event of our infringement of material contractual obligations, however limited to damage that was foreseeable when the contract was concluded. This limitation shall not apply in the event of damage to life, body and health. We are not liable for any other damage caused by slightly negligent defects of the item purchased. Any liabilities due to pre contractual breach of duty (culpa in contrahendo) or according to the Product Liability Law shall remain unaffected.

11.3. Irrespective of any fault of ours we shall only accept liability in the event of maliciously concealing any defects or if we have undertaken to provide a guarantee or warranty. A manufacturer's guarantee is a guarantee of the manufacturer and does not constitute an assumption of a guarantee by us.

11.4. We are also responsible for an impossibility to deliver occurring accidentally during the default period unless this damage would have also occurred in the event of timely delivery.

11.5. As far as our liability to compensate is excluded or limited, such exclusion or limitation shall also apply to the personal liability to compensate of our employees, representatives and vicarious agents.

 

Final provisions

11.1. The law of the Federal Republic of Germany shall apply to the exclusion of the provisions of the United Nations Convention on the International Sale of Goods ("CISG").

 

11.2.  If the customer is a merchant, legal entity under public law or special fund under public law, the place of jurisdiction for all disputes arising from this contractual relationship is Stuttgart, Germany.

 

11.3. Should any of the aforementioned provisions be invalid in whole or in part, the validity of the remainder of the clauses or parts of the clauses shall not be affected thereby.

 

 

Status as of June 2018

 

 

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