Terms and Conditions
1. General Information
Our deliveries and services are governed solely by the following General Sales and Delivery Conditions, unless a different agreement has been expressly confirmed in writing by us. These terms apply to all our business transactions. Any General Terms and Conditions from Ernst Vakuumshop that contradict these terms will not be recognised. We explicitly oppose their validity. Silence on our part regarding the submission of the buyer's General Terms and Conditions does not imply acceptance. Our Sales and Delivery Conditions, once agreed upon, will also apply to all future contracts in ongoing business relationships, even if specific agreements deviate from these conditions for individual transactions. These terms also apply to transactions and sales abroad.
2. Offers and Prices
Our offers are non-binding. We are only bound by verbal agreements after further written confirmation. Statements made by our employees, representatives, or agents require our written confirmation to be valid. Catalogues, images, drawings, measurements, and weight specifications are always non-binding. Unless otherwise agreed in writing, the prices applicable on the day of order are decisive. Price validity expires upon the release of new prices. All our prices are net and exclude statutory VAT, as well as packaging, transport, assembly, and similar costs.
3. Payment Terms
Invoices are payable within 14 days of the invoice date unless otherwise agreed in writing. Repair, maintenance, and assembly invoices are due immediately. Freight and packaging costs are not subject to discount. Bills of exchange and cheques are accepted only for fulfilment purposes and subject to discounting possibilities. Any incurred fees are to be borne by the buyer. If the buyer falls behind on payment, we reserve the right to claim default interest at a rate of 12.0% per annum and to charge reminder fees of €5.00 for each reminder. The assertion of higher claims for damages due to default remains reserved. If the buyer fails to fulfil payment obligations or allows a bill of exchange or cheque to protest, all our claims become immediately due regardless of previous payment agreements. Outstanding deliveries may be made by cash on delivery or contingent upon the provision of suitable securities.
4. Offsetting and Right of Retention
The buyer may only offset our claims against expressly acknowledged or legally established claims. The right of retention due to other non-contractual claims against us is excluded.
5. Delivery Times, Partial Deliveries, Delivery Quantities, Returns
Delivery times are non-binding unless a fixed date has been explicitly agreed upon in writing. Our delivery times are subject to self-supply, availability, and prior sales. The delivery period begins on the day we accept the order, but not before all execution details are fully clarified. The delivery period is considered met with timely notification of readiness for dispatch if dispatch is impossible through no fault of our own. In the event we exceed a non-binding delivery date or time by more than 10 days, the buyer has the right to set us a reasonable grace period for delivery in writing. In the case of force majeure, labour disputes, or similar unforeseen obstacles beyond our control, the agreed delivery periods are extended by the duration of the obstacle, but no longer than two weeks. If the delayed delivery is of no interest to the buyer, they can withdraw from the contract after a written grace period of 14 days.
6. Shipping
Delivery will be made at our discretion via a commonly suitable means of transport and at the buyer's expense, including packaging and insurance costs unless otherwise stated in our current price list or explicitly agreed in writing. Deliveries are always at the buyer's risk, even if we bear the freight costs, unless we conduct the transport with our own vehicles and personnel without third-party damage.
7. Warranty, Damages, Liability Scope
Warranty is excluded for changes to the delivered goods due to wear and tear, improper handling, excessive use, unsuitable cleaning agents, or similar influences. The warranty period is 12 months from the handover of the goods to the buyer unless a longer period has been agreed upon in writing. The buyer must inspect the goods immediately upon receipt for completeness and compliance with the contract.
8. Flat-Rate Compensation for Damages
If the buyer explicitly or implicitly refuses to fulfil the contract without justified reason, particularly the acceptance of the contractual object, we are entitled to demand a flat-rate compensation of 25% of the order amount after a written reminder and a grace period of 10 days.
9. Retention of Title
The delivered goods remain our property until all claims against the buyer from the business relationship are fully satisfied. The buyer is entitled to sell the goods in the ordinary course of business, but must assign all claims arising from such resale to us in the amount of the invoice value plus statutory VAT.
10. Place of Fulfilment, Jurisdiction, Data Protection
The place of fulfilment for all claims arising from contractual relationships between us and the buyer is Spelle. The jurisdiction is Lingen if the buyer is a merchant, a legal entity under public law, or a public special asset. The applicable law for the contractual relationship is exclusively German law. We store data resulting from the contractual relationship with the buyer in our IT systems and use it only for its intended purpose, ensuring that it is not accessible to third parties.