Contacts

elector GmbH
Duesseldorfer Strasse 287
42327 Wuppertal
Germany


Phone: +49 (0)2058 1790863
Fax: +49 (0)2058 1790864


E-Mail: info(at)elector-gmbh.de

Terms and Conditions

1. Contractual Object and Contract Conclusion:

Autoritative for supplies, services and offers are these terms and conditions. These therefore apply also to all future business relations even if they are not expressly agreed again. These terms and conditions contrary conditions in general terms and conditions of the buyer are hereby rejected. This is also the case if regulations of the buyer are not in contradiction with the terms and conditions, but rather complement them. The customer is committed by his order for 4 weeks. Orders shall only be legal by written confirmation, unless the delivery is made within the aforementioned period. Additional agreements, changes and additions are valid only by written confirmation.

2. Copyright:

Insofar as we have to prepare texts and drawings shall be referred to the copyright law. Such documents may not be made available to third parties, except it is required for the correct business operation.

3. Complaint of Incomplete Deliveries:

The incompleteness of a delivery can only be rejected within 8 days of arrival of the goods at the customer.

4. Price:

Our prices are EXW withouth VAT excluding packaging. From € 1.900,00 net order value the delivery inside Germany is carriage paid. Deliveries outside Germany are always EXW. The agreed price increases according to the list prices from elector, if the shipment is made more than 4 months after contract conclusion and if the increase of the list price is due to intermediate material price increases, negotiated wage increases or increases in sales or business taxes.

5. Terms of Payment:

Invoices are generally issued in EURO. The agreed payment is due immediately, following delivery, service and billing. It is understood:

  • Payment within 10 day from invoice date with 2% discount or 30 days net, unless other written agreement was signed.
  • No discount can be deducted from labor, packaging and freight costs.
  • The reluctance of payments or compensation due to any counter-claims of the customer disputed by the supplier is not allowed.
  • In case of delayed payment of the purchaser each of the remaining balance will bear interest with 5 percent points above the base rate. In case of legal transactions, in which a consumer is not involved, the remaining balance will bear interest with 8 percent above the base rate.

6. Compensation: 

The compensation against our claims is permitted only with counter-claims that are either titled or accepted by us.

7. Delivery Time:

The dates and deadlines mentioned by the seller are not binding unless expressly agreed in written form. The seller is not responsible for delays in delivery and service due to force majeure and due to events - such as subsequent material procurement difficulties, equipment failure, strike, lockout, shortage of personell, lack of transportation, official directives, even if they occure at the seller's suppliers or its subcontractors - that complicate or prevent delivery although terms and dates case of bindingly agreement.

8. Additional Respite:

If delay in delivery or service if of our fault, the buyer is entitled to give notice to us. As a resonable additional respite 4 weeks may be considered.

9. Dispatch:

The buyer bears the full risk for transportation. Shipping in all cases to cost and risk of the recipient. We take no liability for damage or loss during transport. If the purchaser does not provide special shipping instructions, the supplier shall send the goods to the best ways at his discretion. If the buyer states no other regulations on insurance against transport damage, this can be done at the expenses of the customer by the supplier without further notice. An insurance obligation of the supplier does not exist.

10. Additional Terms

If we become responsible for initial operation of equipment, special conditions are to be applied.

11. Warranty:

  1. The recipient of a consignment is required to examine the goods immediately upon receipt.
  2. For delivery of obvious defective or damaged goods any claims by the customer have to be reported in written form within 8 days after receipt of goods.
  3. Inadequate, faulty goods will be replaced free of charge upon return. Change or reduction are excluded.
  4. If only a spare part has to be replaced, we can demand from the purchaser to interchange the new replacement part, which will be made available to him from us again, on his own, if the costs for sending a technician would be disproportionally high. The costs, except material, will be charged to the customer.
  5. The warranty period is in accordance with the German BGB-law
    • 2 years on all goods that were purchased from elector, from the date of delivery
    • 2 years on valves, in accordance with the terms of the supplier
    • The warranty does not cover wearing parts such as anodes
    • Requirements for any form of guarantee are proper installation, operation, handling and maintenance of the goods, in compliance with our guidelines
    • For traded goods terms of suppliers are to be applied.
  6. In addition to the above mentioned statutory warranty, the company elector grants a 5-year functional guarantee on the elector corrosion protection equipment (except wearing parts) when a proper installation, handling, operation and maintenance of the equipment can be demonstrated in accordance with our guidelines by the buyer and if the elector-devices are registered with us, indicating the postal adress of the installation site or the owners address, the contact details of the installer and the serial number during the statutory warranty period.
  7. The buyer's claims are limited to rectification or replacement at our discretion. Multiple subsequent fulfillments are permitted. If the subsequent fulfillment of the replacement after a reasonable period fails, the client may withdraw from the contract or reduce the purchase price.
  8. For warranty claims on equipment which is not installed in Germany, the authorized elector representative takes over the guarantee on electors behalf. If there is no representative in the particular country, the service of elector ends at the German border. All other costs except material are to be paid by the customer.

12. Limitation of Liability:

  1. Excluded from the limitation of liability is liability for damages resulting from the injury of life, body or health.
  2. Other claims for damages against both the elector GmbH and against its employees and vicarious agents are excluded, unless they are based on an at least rough negliegence by elector or a deliberate or at least roughly negligent violation of a legal representative or agent of elector. For cases in which liability is without prejudice to this, the compensation is limited to an amount of € 5,000.00. We will not be responsible for this kind of contract untypical and unforseeable damages.

13. Termination of Contract:

If the customer terminates the contract e.g. due to cancellation without any fault for this is caused by elector, 40% of the net value has to be paid by the customer as compensation, unless in individual cases elector can prove a higher damage. The customer is expressly permitted to prove that a loss or reduction in value is much lower than the lump sum. Contracts with order-related products that are already in the manufacturing process, can be canceled only in agreement and only on the calculation of the costs already incurred. If the costs already incurred exceed the lump sum, elector is entitled to charge the costs already incurred to the customer.

14. Retention of Title

  1. Goods remain the property of elector until all claims (including all current accounts receivable), which elector is entitled under any legal basis against the customer now or in future, are completely fulfilled. Processing or transformation is always performed for elector as supplier, but without any obligation. If the (co-)ownership of elector is termiated by transformation, it is now agreed that the (co-)ownership of the customer of the common matter is transferred to elector at proportional value (invoice value). The customer stores the (co-)owned good of elector for free. Goods for which elector owns the (co-)ownership will be referred in the following as subject goods.
  2. The customer is entitled to process the goods in normal business and to sell these, unless he is in default. Pledges or assignments are prohibited. The claims resulting from further sale or any other legal reason (insurance, tortious act) with respect to the conditional goods (including all current accounts receivable) are assigned by the customer for security reasons fully to elector. elector authorizes him to collect the claims assigned to elector on elector's behalf in his own name. This authorization may only be revoked if the customer's payment obligations are not correctly fullfilled.
  3. If third parties try to get access to the subjected goods, the customer will refer to the ownership of elector and will notify elector immediately.
  4. In case of customers behaviour contrary to duty - in particular default in payment - elector is entitled to take back the subjected goods or, where appropriate, to demand assignment of the claim by the customer against third parties. The withdrawal and the pledging of the subjected goods by elector causes no cancellation nof the contract, unles the Consumer Credit Act applies.

15. Return of Goods: 

Return of goods can only be made by prior agreement. The redemption fee is 20% of net value, but at least 20 €. Returns less than 20 € value of goods can not be credited. Required processing costs are charged separately. The return delivery to elector must be carriage free. For goods that have been manufactured order specifically elector is entitled to request a redemption fee of 40% of net value, but at least a reimbursement of actual expenses.

16. German/International Law, Jurisdiction, Performance and Interpretion of the Contract:

The contractual relationship is governed by German law excluding UN Convention on the International Sale of Goods. Outside the EU, the United Nations Convetion on the International Sale of Goods shall be applied, unless specific conditions for export are agreed. Jurisdiction for disputes of any kind is Wuppertal - Germany. Place of Fulfilment is Wuppertal - Germany. If a regulation is invalid, this shall not affect the effectiveness of the entire contract.

As from 12/2012