Terms of Sale and Delivery
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EHS PELLETS GmbH / EHS PELETS Ltd.
10/2016

 

    1. Scope
      • For a complete current and future legal relationships between EHS PELLETS GmbH / EHS pelets Ltd. (Hereinafter referred to as "EEC") and the buyer in connection with the movable property ( "the object of supply ') are applicable as specifically the following conditions of sale and delivery (hereinafter referred to as" Delivery Terms "). By obtaining an order from the customer, and at the latest by accepting package ordered delivery item, the buyer accepts all the obligations of these terms of delivery. In case the customer wants to apply disruptive, deviating or additional terms and their application by the EHS is excluded, even if they are not opposed expressly EHS.

    2. Offer and conclusion of contract
      • Offers by EHS are non-binding and is meant only as a request for the submission of the order. Through the respective order, the buyer shall be submitted, which is connected to the EHS next two weeks from her due date. By signing the contract comes only after written confirmation of the contract by the EHS management and is based solely on the content of the confirmation of the contract and / or these terms of delivery. A verbal agreement or promise require for their validity written confirmation by EHS. E-mails appropriate form of written request under this clause 2.1.
      • EHS limits of all rights to its own sales material (particularly to the drawings, data about weight and weight) samples. They must not be handed to third parties at the request of EHS must be returned without delay.
      • EHS delivers the ordered delivery items that correspond exclusively EHS standard product descriptions or product characteristics.
      • Confirmation Order by the EHS, which substantially deviate from the original order, are regarded as accepted if within three days after receipt of order confirmation can not be deducted by the customer.

    3. Delivery dates and terms
      • Dates and delivery deadlines are binding only in the case where by EHS confirmed in writing and customers EHS promptly communicated to or placed at their disposal all the necessary information related to the achievement of delivery, quality specifications, date plans, data, approvals and permits, and if the paid the agreed advance payment proportionate to the agreement. Contractual limits starting with the date of order confirmation or declaration of acceptance. In the later case, additional or expanded orders, time limits in proportion to the move.
      • Events that are unforeseen, unavoidable and beyond the scope of influence of EHS and by EHS unprovoked (as force majeure, war, natural disasters, strikes, blockades, official measures, lack of energy or raw materials, damage due to fire or explosion, traffic disturbance or company , orders of senior persons or similar events) released EHS during their lifetime obligation for timely delivery or performance. The agreed deadlines are moving for the duration of the interference; the interference to the customer be notified in an appropriate manner. EHS is not obliged to provide third party replacement goods. If the place is not visible interference or lasts longer than two months, each party is entitled to cancel the contract in respect of these services.
      • With regard to the delivery of those deliverables, related to EHS raw materials and parts delivery, EHS limits of their own timely delivery.
      • The customer must ensure that the delivery location accessible for typical force-vehicle that delivers pellets. The customer still needs to ensure that the order on the day of delivery can be taken by the customer or a person authorized by the customer. The resulting delay entitle the billing delays arising during the waiting period.
      • Delivery of bulk goods only after the preparation of technically correct tank. Storage space and charging unit must comply with the recommendation DEPV (Federation of German power-pellets) or Önorm (in each of the last version). In this especially includes:
        *Dry (relative humidity of the walls and air) and statically stable storage
        *Presence of suitable, functional and dedicated mounting mat for impact protection
        *Presence of props for blowing and vacuuming with grounded clutch filling
        *Water for filling the distance to the roof by at least 15 - 20 cm as well as the required maximum length of hose 30 m
        *Regularly cleaned warehouse (at the latest after 2-3 charging fully discharged and removed dust).
      • For the similarity of plants and filling the tank itself is responsible buyer. The buyer or manager of the facility for heating or their representative must comply with the relevant instructions for filling plants for heating a manufacturer heater.
      • If the delivery is delayed by EHS, the buyer has the right to withdraw if the EHS deliberately delayed if the customer has ignored the deadline set for delivery.
      • If a customer comes into a situation that is late in taking over the goods or violates other duties of cooperation, then the EHS has the right to without prejudice to its other rights unload the consignment subject to the responsibility and expense of the buyer or terminate the contract.
      • EHS can for justifiable reasons deliver to the customer a part of the shipment, if they are known to the customer. EHS has the right to have a legitimate reason to deviate from the agreed items or services, if he is known to the buyer.
      • EHS is not obliged to deliver the product from the contract executed by air traffic or similar rapid transport.

    4. Minimum value and quantity, delivery, packaging, enclosure when submitting
      • Through a special arrangement shall include delivery pellets from EHS Ltd. Ex Works (EXW) Modrica and the EHS PELLETS GmbH Ex Works (EXW) Friedland (Incoterms 2010).
      • If in a particular case agreements shipment to delivery includes unloading the vehicle..
      • Object shipment is sent by EHS in conventional packaging. In the event of delivery by means of the pallet containers, bags or other packages, the costs incurred on that occasion will be billed. The customer receives, upon return to our respective stock and provided verification of goods, credit note in the amount of the calculated amount.
      • Risk downloading, downloading items through consignment customer transport company or the customer himself. If delaying handing over or delivery by the purchaser for justified reasons, it is the responsibility of the press day of readiness to deliver shipments of items transferred to the buyer.

    5. Prices, payment terms
      • All orders are to define the moment of receiving the order at the current prices and discounts, if the Contracting Parties have adopted different provisions.
      • All prices include EHS exclusively concerned statutory tax. If between the EEC and the customer have agreed otherwise, the Purchaser shall bear any additional taxes; This is particularly true for the total income taxes or similar taxes in the country of EHS issue invoices. Such taxes are accounted for in the income in the statutory amount, and the corresponding need to be paid. For delivery EHS PELLETS GmbH outside the European Union, the buyer is obliged to provide proper exporting within 20 working days from the date of invoice. If this certificate is not submitted, EHS has the right to re-invoiced tax. For deliveries within the EU, the buyer is obliged to confirm the EHS through maturity certificate which meets the requirements under paragraph 17 of section no. 2 Regulation on the implementation of the income tax (UStDV) that are produced from the contract due to a particular community. If EHS receive neither confirm this nor can require from third parties, EHS has the right to re-invoiced income tax to the buyer.
      • * In the case of increasing the cost does not matter what kind, especially the increase in the price of raw materials, EHS has the right to negotiate with the customer about the price. Both sides of the negotiations must be conducted in confidence. If the parties within 3 months of the start of negotiations on the price can not agree on a new price on the one hand, both sides have the right to denounce, among them the existing framework contracts and negotiations on price and all in the contracts for the delivery, with a validity of immediately. Contracts that are already in the process of implementation will be carried out and in the process of cancellation.
      • EHS has the right to the partial delivery in terms of Points 3.9 turns partial accounts.
      • Each account of EHS immediately payable without delay, unless otherwise agreed. When unsuccessful due performance delay. Payments of the customer are regarded as successful only when EHS may dispose of the funds paid.
      • If the buyer delaying payment, EHS has the right to demand default interest in the statutory amount. Look for further damages remains unaffected.
      • The customer has the right to set-off the debt if it is established that his request cons unscathed or effective.
      • To request the lien buyer is authorized when it is considered that his request cons based on the same contract and that unwanted or effective.
      • If EHS is recognized after the conclusion of the contract the risk of incorrect validation, EHS has the right to not yet paid by the means of delivery of advance payment or deposit. If the advance payment or deposit is not made after the relevant deadline, then the EHS may suspend delivery until the moment of execution of advance payment or deposit or to cancel any specific agreements in whole or in part. Requirements for other rights remain free EHS.

    6. Instructions on the right of revocation
      • Consumers have the right, within fourteen days revoke the contract without giving any reasons. The deadline for revocation is fourteen days from the date you or any third person nominated by you, but that is not the carrier took over the goods. To accomplish your right of revocation of EHS-Pellets GmbH, you must inform the Director EHS-Pellets GmbH Stefan Grewe, Hindenburg Straße 24, 37154 Northeim, E-Mail: s.grewe@ehs-pellets.de through unequivocal explanation of your decision to revoke this agreement. To accomplish your right of revocation of the pellets from EHS-doo, you have to inform the Director-pellets from EHS Ltd. Emir Mehmedovic, EHS-pellets doo, Belinsky 67, Modrica, Republika Srpska, Bosnia and Herzegovina, E-Mail: e.mehmedovic@ehs-pellets.de through unequivocal explanation of your decision to revoke the contract. To preserve the revocation period is sufficient to send a press release about the exercise of the right of revocation before the deadline for revocation.
      • If you revoke the contract, we will return the money for all payments that we receive from you, ukljušujući and delivery costs, and no later than fourteen days from the day when the announcement came with us on the revocation of the contract. For this we apply the same refund the payment method that you used in the last transaction with you unless otherwise expressly agreed; in any case you will not be charged deducted when a refund. EHS can deny you a refund until you get back the goods or until you provide proof that you send the goods back, depending on which of two things happens first. Rob must without delay to submit or send back in any case not later than fourteen days from the day you EHS inform you about the revocation of the contract. Deadline is guaranteed, if you return the goods before the expiration of fourteen days. Direct costs of sending the goods back you need to take. Costs are estimated at a maximum of 125.00 euros. You must compensate for possible loss of value of goods only if this loss of value for testing the quality, features and functionality of the goods can not be reduced to the essential relationship with her.
      • The right of withdrawal does not exist if the store buyer of the pellet, which is supplied by EHS, mixed with the remains of another wood pellets, since in this case wood pellets is not suitable for return. One can not ignore that it is a mixture, if the amount of the rest of the filling is not more than ten percent of the storage capacity.
        End of instruction on the right of revocation

    7. Retention of ownership
      • Items supplies remain until full payment of the total EHS requirements in connection with commercial customers property EHS.
      • During the account, which is still in circulation applies to the reserved ownership to ensure EHS balance is due.
      • The disposal of the object of supply that are listed under the retention property ( "Retained products") is permitted only to the customer in the store certain rules. EHS Buyer assigns already now the claim of further alienation; EHS already takes this assignment. Customer is revocable authorized to collect on their own behalf trustee assigned receivables. EHS can define this authorization and permission for further disposal revoked when the customer is in arrears with important duties such as, for example the payment of EHS; in case of revocation EHS has the right to collect the receivable. The buyer is not entitled to pawn the goods delivered to ensure the exercise or other property which has EHS. If the buyer disposes of the delivered goods or after processing or changes upon binding to and mixing with the second edge is then valid, from the requirement that only fits in an agreed amount of the part corresponding to between the customer and EHS contract price adding defeat the safety margin of 10% of these rates.
      • Buyer will cede the EHS at any time all the information about the goods delivered or requirements. Access and request a third party to the delivery of the goods the buyer must immediately and submitting the necessary documents to show EHS. The buyer will also third or third parties refer to the retention of property rights. Defense costs of such access requests and the buyer.
      • The customer agrees, goods delivered to retention of property rights as far as possible, that means as having EHS and treats it with care.
      • If the realized value exceeds the total insured insurance claims EHS by more than 10%, then the buyer has the right to request unblocking.
      • If a customer comes into a situation with a bit of stalling obligations such as payment of EHS, EHS can then without prejudice to other rights, the goods supplied and returned after the withdrawal of the contract due to satisfy claims against the purchaser to use in other ways. In the case of demanding the return of goods buyer will EHS or authorized by EHS allow access to the goods delivered. If EHS on the basis of these provisions requires the return of the goods then this applies not only as a withdrawal of the contract.

    8. Quality, says the buyer when deficiencies, tests Obligations
      • The course delivery points for dangerous downloads contracted quality; contractual quality be assessed specifically by between two sides agreed in writing specific agreement about the traits, characteristics and technical characteristics of the object of delivery, which are listed in the standard product descriptions and product codes ( "Agreement about quality"). EHS accepts no general guarantee for the similarity of their deliverables to the customer by a special purpose use. Sam buyer is responsible for the decision, whether a product, which corresponds to a specific agreement on the qualities, characteristics and technical characteristics, is suitable for a particular purpose and type of application.
      • information in catalogs, price lists and other info material forwarded to the customer by the EHS and the description states the material is not in any way presuppose the quality of deliverables; quality was such guarantees must be expressly agreed in writing.
      • Trade deviations in the amount and weight within 10% of the ordered quantities are permissible. Permission is also trading deviation from quality, which is of course zahhtijevan delivery.
      • The rights of the buyer due to defects deliverables assume that after the takeover on deliverables and communicate EHS writing deficiency by reference account number immediately and no later than two weeks after taking over the goods; clear damage during transport as well as incomplete or obviously inaccurate deliveries must be urgently EHS after their discovery in writing communicated.
      • During each appeals to deficiencies, EHS has the right to inspect and test the required deliverables. This will allow the customer EHS necessary time and occasion. EHS can the buyer to claim that he requested delivery item sent back at the expense of EHS EHS.
      • The weakness will EHS remove their own choice, by free removal of deficiencies or through replacement delivery nemanjkave goods (generally "Removing product defects").
      • In order to eliminate product defects resulting from transport costs, transport, labor and material costs (but not the costs of dismantling and assembling) takes EHS. If the appeal of deficiency prove deliberate or roughly inadvertently unjustified and was the buyer prior to the filing of complaints deficiency is recognized, then he is obliged to perform EHS replacement of all in this connection incurred claims and compensation (for example, transport costs or delivery).
      • If the removal of the lack of products is not carried out, it is unacceptable for the customer or the EHS rejected elimination of defects of the product then, the buyer can withdraw from the contract at his choice the applicable regulations, the purchase price, in reducing and / or that requires compensation, in accordance with paragraph 8 or reimbursement of its claims.
      • The deadline for the obsolescence of the buyer due to defects is twelve months from the time of delivery of the object of delivery to the customer. For requests for compensation to the customer for other reasons than defects of the object of delivery as well as with regard to the rights of the buyer, at insidiously suppressed or deliberately caused by deficiencies valid legal deadline obsolescence.

    9. Warranty and Indemnity
      • To easily negligent breaches of essential contractual obligations or "cardinal obligations", guarantees by the EHS is limited to the damage that is the conclusion of the contract foreseeable typical contract. Essential contractual obligations (or cardinal obligations) are such obligations that the buyer provide a legal position that guarantees him just by its content and purpose, as well as the fulfillment of such a contract by the law enforcement in general and which respect the customer regularly entrusted or to be trusted. EHS is not liable for negligent breach other, as mentioned in Clause 8.1, the contractual obligations.
      • In the rest, the legal rights of the buyer for damages remain unaffected; EHS guaranteed especially in intent and gross negligence in full height.
      • guarantee already mentioned limitations in 9.1 and 9.2 are not applicable in the case of forced legal guarantees (particularly according to the law of guarantee for the product), intentional negligent risks to life or health of the body by the EHS, submitted by the EHS guarantee insidious or tacit deficiencies.

    10. Product Warranty
      • If the customer disposes supplied, then it releases internal EHS in relation to the requirements for the product warranty from a third party if he is responsible for the guarantee induced defects.

    11. Legal gaps and protective rights
      • EHS not aware of any legal requirements are set that impede third parties in accordance with the agreed using the supplied objects. EHS does not take the above warranty for legal defects.
      • The buyer is obliged to inform if he EHS due, in accordance with the agreed and specified using the delivered items by tećih persons regarding violations of rights protection, use the right or a third party authorized him to request. The same applies if the customer otherwise draw attention to the fact that under the contract using the supplied objects infringing the rights of third parties. In these cases, EHS has the right to extraordinary cancellation of existing contracts of delivery. EHS also has the right to cancel the existing contract if delivery EHS risk that, in the implementation of the contract delivery, I violate the rights of third parties.
      • In the event of an attack on a third party purchaser in terms of point 10.2, EHS will defend the rights of the buyer against the third party, the strongest support. The condition for this is that the customer has not submitted a statement to a third party debit by EHS.

    12. General Provisions
      • Customer shall not his rights against EHS without the written consent EHS PRNES to a third party.
      • Changes or additions to contractual obligations between EHS and customer and / or these terms of delivery and additional agreements must be in writing. This applies also to modify these conditions in writing.
      • If the provision of contractual obligations between EHS and customer and / or these terms of delivery is wholly or partly ineffective, then the effectiveness of the remaining provisions remains intact. The Parties undertake, in this case it will replace the ineffective provisions effective provisions which are closest to the economic purpose of the ineffective provision.
      • Place of performance for all mutual rights with EHS-Pellets GmbH Northeim.
      • The competent court for all disputes arising from the contract with EHS-Pellets GmbH is Hamburg. EHS-Pellets GmbH has the right to the customer is charged on any GRUGA court. Valid law of the Federal Republic of Germany with the exception of the Agreement United Nations Convention on Contracts for the International Sale of Goods (CISG; UN purchasing law).
      • Place of performance for all mutual rights pellets from the EHS-doo Modrica.
      • The competent court for all disputes arising from the contract with pellets from EHS-doo Modrica. EHS-pelets Ltd. has the right to the customer is charged on any GRUGA court. Valid law of Bosnia and Herzegovina with the exception of the Agreement United Nations Convention on Contracts for the International Sale of Goods (CISG; UN purchasing law).