By accepting these General Terms and Conditions (GTC) from EULIT, the dealer expressly declares his agreement with the GTC. All previous General Terms and Conditions shall cease to be valid upon delivery of these GTCs. EULIT points out that the applicable General Terms and Conditions can be viewed by the dealer at any time on the website www.eulit.de under "General Terms and Conditions" or requested from EULIT.

By placing an order with us, regardless of the form in which it is placed, the buyer recognises our terms and conditions of sale, delivery and payment for the duration of the entire business relationship; this also applies to sales ex travelling warehouse. Verbal agreements or subsidiary agreements with our sales representatives are only binding for us if we confirm them in writing. The buyer's terms and conditions shall only apply to us if they have been confirmed by us in writing. 

The prices quoted by us apply only to the individual order; repeat orders are deemed to be new orders. Should wage, material or other cost increases occur before the order is executed, we reserve the right to adjust the prices accordingly.

The following terms of payment shall apply when the order is placed: Payment by direct debit less 3% discount. Payment within 10 days less 2% discount. Payment within 30 days net without deduction. Unauthorised discounts will be claimed subsequently. For first orders we only accept payment in advance. If the payment term is exceeded, the buyer is obliged to pay interest on the purchase price at the usual bank overdraft interest rate, but at least 4% above the respective discount rate of the Bundesbank. No set-off or right of retention may be exercised against our claims. If doubts arise as to the customer's ability to pay or if the payment deadline is exceeded, we shall be entitled to demand advance payment or to suspend delivery until payment has been made. All costs caused by late payment, such as reminder charges, collection fees and the like, shall be borne by the buyer. 

Ex works plus statutory VAT and shipping costs. For accessories such as sales aids, displays, advertising material, etc., the shipping costs incurred will be charged separately, irrespective of the net value of the goods. The delivery of the goods, as well as in the case of a possible return, which is not due to a justified complaint, is at the expense and risk of the buyer. If the delivery deadline is exceeded, the buyer must set a reasonable grace period. In the event of force majeure, operational disruptions for which we are not responsible, strikes, lockouts and delays in the delivery of materials, the delivery period shall be extended accordingly. Claims for damages by the buyer are excluded. We are authorised to make partial deliveries, whereby each partial delivery is legally considered an independent contract. A return of goods is only valid if the article (article no./designation) and quantity (per article) are stated. 

Notices of defects must be submitted to us in writing by the buyer without delay, at the latest within one week of receipt of the goods at the place of destination. If notices of defects are recognised by us, the buyer can only demand rectification or replacement delivery. If rectification or a defect-free replacement delivery is not possible, the buyer may demand cancellation of the contract. Any claim for damages is excluded. 

The delivered goods shall remain our property until full payment of all claims arising from our business relationship, including future claims, including all ancillary claims and until cheques have been cashed. The buyer is only permitted to sell the reserved goods in the ordinary course of business. Pledging or transfer by way of security of the reserved goods is not permitted. If the goods subject to retention of title are seized or confiscated from the buyer, we must be informed immediately in writing, providing the documents required for an intervention (original of the seizure protocol, etc.). In addition, the buyer is obliged to immediately object to the seizure or confiscation in any case with reference to our rights as supplier. Failure to do so shall render the Buyer liable to us for damages. The purchaser is obliged to insure the goods subject to retention of title adequately at his own expense in our favour against any loss or damage; the purchaser hereby assigns to us any insurance claims in respect of the goods subject to retention of title; we hereby accept this assignment. The Buyer hereby irrevocably assigns to us any claims arising against third parties in the event of a resale or for any other legal reason, as well as his claim for surrender on the basis of reserved title; we hereby accept this assignment. Our retention of title shall also extend to new items created by processing or combining, in which we acquire co-ownership in proportion to the value of the reserved goods at the time of processing. The purchaser assigns to us in advance his ownership or co-ownership rights to the newly created items as well as the remuneration claims against his customer arising from the processing of the delivered goods in proportion to the value of the processed goods; we hereby accept this assignment. The purchaser is authorised to collect the claims assigned to us in accordance with these provisions in trust for us as long as he duly meets his payment obligations to us. If the buyer defaults on payment or fails to fulfil his obligations arising from the retention of title, we may demand the return of the goods subject to retention of title. The assertion of rights of retention of title shall not be deemed a cancellation of the contract. If insolvency proceedings are opened against the assets of the customer or the customer's companies or if an application is made for the opening of such proceedings, regardless of by whom, the buyer/customer undertakes to separate the goods subject to retention of title immediately and to return them to the supplier without delay. 

If, after conclusion of a contract or after delivery of the goods, we become aware that the buyer is not creditworthy, we shall be entitled to withdraw from the contract or to demand immediate payment for goods delivered and advance payment for goods still to be delivered, including cash cover. If we take back the goods, the goods shall be credited according to their condition, the determination of which must be carried out at the request of the buyer and at his expense by an expert to be appointed by us. Corresponding deductions are authorised. 

Copyright protection Our designs, samples, models and the like are deemed to be our intellectual property and may not be imitated or used in any other way for reproduction by the purchaser, even if no special property rights exist. Any infringement of this provision shall render the purchaser liable for damages.

Data processing We are authorised to process all data relating to the business relationship with the customer within the meaning of the BDSG.

By accepting this form with our terms and conditions of sale, delivery and payment without objection, the buyer confirms that he is a registered trader within the meaning of § 1 of the German Commercial Code (HGB) and that he irrevocably agrees to the following provisions on the place of fulfilment and place of jurisdiction. The place of fulfilment for both parties is exclusively Peiting. The place of jurisdiction for all legal disputes arising from the contractual relationship as well as its creation and validity, including actions on cheques, is exclusively Peiting for both parties. The contractual relationship shall be governed exclusively by German law for both parties. The so-called "Hague International Sales Convention" shall not apply. Peiting, 1 March 2019 Here you can download the terms and conditions as PDF. EULIT-Werk Staude GmbH & Co. KG - 86971 Peiting, Kapellenstr. 17-19 Tel.: 08861/685-0 - Fax: 08861/685-55 - E-Mail: info@eulit.de - www.eulit.de