Terms & Conditions
General Terms and Conditions (GTC)
1. General
All offers by EBS are non-binding. A contract is only concluded upon written order confirmation by EBS.
2. Prices
The prices valid at the time of order placement, as stated in the current price list or in the submitted offer, shall apply. All prices are net, plus the applicable statutory VAT and any additional charges for special delivery handling or special packaging, unless otherwise stated in the offer or order confirmation.
3. Deliveries
3.1 Deliveries are made carriage forward unless otherwise agreed.
3.2 Partial deliveries are permitted.
3.3 Agreed delivery dates will be adhered to as far as possible but require the timely and complete fulfillment of the buyer's contractual obligations.
3.4 Binding delivery dates must be confirmed in writing and explicitly marked as binding.
3.5 Events beyond EBS's control entitle EBS to postpone delivery dates accordingly.
3.6 Products not accepted in time will be stored at the buyer's risk and expense.
3.7 Risk passes to the buyer upon delivery.
4. Terms of Payment
4.1 Payments are due net within 30 days of invoicing unless otherwise agreed.
4.2 In the event of late payment, EBS may charge interest at a rate of 4.5% above the applicable discount rate of the Deutsche Bundesbank.
4.3 Offsetting against claims by EBS is only permitted with undisputed or legally established counterclaims.
5. Retention of Title
5.1 EBS retains ownership of the delivered products until full payment has been received.
5.2 In the event of payment default, EBS may demand the return of the devices.
5.3 Products subject to retention of title may not be exported or used outside of Germany without EBS's written consent.
6. Documentation and Rights
6.1 Supplied documentation containing trade secrets or copyright-protected content may only be used for operating EBS devices.
6.2 All rights to drawings, data, inventions, and developments remain with EBS.
6.3 The buyer has no right of retention regarding documentation.
7. Warranty and Liability
7.1 EBS warrants that products are free from manufacturing and material defects at the time of risk transfer.
7.2 The warranty period is 36 months unless otherwise stated.
7.3 Obvious defects must be reported in writing within one week.
7.4 EBS may choose to repair or replace the defective item.
7.5 Damages caused by improper handling, external influences, or force majeure are excluded from the warranty.
7.6 Further claims, particularly for damages, are excluded unless caused by intent or gross negligence on the part of EBS.
8. Replacement and Modifications
EBS reserves the right to replace or modify device specifications as long as this does not significantly impair functionality.
9. Miscellaneous
9.1 Changes or additions to the contract must be made in writing.
9.2 Assignment of the buyer's claims requires the consent of EBS.
9.3 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.
9.4 Place of performance and jurisdiction is Offenbach/Main, unless mandatory law provides otherwise.