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General Terms & Conditions of Sale
Ecometec GmbH
Laerchenstrasse 1
84555 Jettenbach
                        Article 1 – General Provisions

(1)     The purchaser agrees to accept these General Terms & Conditions by placing an order. We only accept any differing terms & conditions, in case we have expressively agreed with them in written form.


(2)     These General Terms & Conditions shall also be applicable for future similar transactions between the purchaser and us.


Article 2 – Offer & Conclusion of Contract


(1)     Unless otherwise agreed, our offers are subject to confirmation.


(2)     We reserve the right to make reasonable changes in technology and design.


(3)     The contract will be concluded by our expressive acceptance (order confirmation) or by delivery of the ordered goods.


(4)     Relevant for our performance obligations is only their extent stipulated in our order confirmation.


(5)     Any oral agreements or subsequent arrangements are void.

Article 3 – Relinquished Documents

(1)     We reserve property and copy rights on all documents that have been relinquished to the purchaser during the ordering process if they are not part of the scope of delivery. These documents must not be disclosed to any third party without our previous expressive written consent.


(2)     In case no contract is concluded according the provisions of Article 2, these documents must be immediately returned to us.

Article 4 – Pricing and Payment

(1)     Provided no written agreement to the contrary, our prices are “net Ex Works”, exclusive packing, truck loading, freight costs, duties, fees and VAT. Any of those additional costs will be separately invoiced.


(2)     Payments of invoiced amounts must exclusively be effected to our bank account posted on our official letter head.


(3)     Provided that the contractual scope also includes installation, start-up and/or commissioning, the purchaser has do bear the contractually agreed on compensation, as well as any occurring additional costs, such as travelling expenses, transport charges and duties for necessary tools and equipment, as well as performances that have to be provided by the customer.


(4)     Unless otherwise stipulated, the purchasing price has to be paid in full upon receipt of our order confirmation.

Article 5 – Time of Delivery

(1)     The commencement of the time of delivery requires a timely and duly fulfillment of all duties of the purchaser, as well as the clarification of all technical and commercial details necessary for a correct execution of the contract. The objection of non-performance remains reserved.


(2)     In case of default of acceptance or denial to fulfill any other obligation to cooperate by the purchaser, we are entitled to claim damages, including possible additional costs from the purchaser. We reserve the right for further claims. In case of the mentioned preconditions, the risk of accidental loss or deterioration is passed on to the purchaser as soon as the default of acceptance or debtor’s delay comes into effect.


(3)     We are only responsible for delay in delivery caused by us due to deliberate intention or gross negligence. Any further liability for damages is excluded.

Article 6 – Passing of the Risk

(1)     In case we ship the ordered goods by request of the purchaser, the risk of accidental loss or deterioration is passed on to the purchaser at the time of shipment, at the latest when leaving our stock.


(2)     The above is valid irrespective of the question if the goods are shipped from the place of fulfillment or who is bearing the freight costs.


Article 7 – Reservation of Proprietary Rights


(1)     We reserve the right of property in all delivered goods until the receipt of payment in full of all outstanding payments stipulated in the contract. We are entitled to reclaim the sold goods in case the purchaser acts in contrary to the contract.


(2)     The purchaser is obligated to handle the goods with due diligence. In case inspection or maintenance works are necessary, the purchaser has to carry those out in time at his own expense. As long has the right of property has not been passed on to the purchaser, we have to be immediately informed if the delivered goods have been impounded or have become subject to third-party interference by any other reason. In such case, the purchaser will be held responsible for any occurring loss.


(3)     The purchaser in entitled to resell goods subject to reservation of proprietary rights within his normal course of business. The purchaser immediately cedes the monetary claims towards his customer to us in the total amount stipulated in our mutual contract (including VAT if applicable). This cession is valid irrespective of the question if the goods have been resold before or after any possible subsequent processing or treatment. The purchaser remains entitled to collect the monetary claims also after the cession. Our authorization to collect these monetary claims by ourselves remains unaffected. However, we will not exercise this right as long as the purchaser timely fulfills his payment obligations as stipulated in our contract and has not filed for bankruptcy.


(4)     Any possible subsequent processing or treatment of the goods by the purchaser generally happens in our name and by our order. In such case, the expectant right of the purchaser on the sold goods is carried forward to the processed or treated goods. In case the sold goods are be joined with any other goods which we do not own, we are gaining co-ownership of the new goods in the percentage of the objective value of the goods sold by us in comparison with the objective values of the other processed goods at the time of the processing.


(5)     We are obliged to release any securities upon request of the purchaser in case their value exceeds the secured outstanding monetary claims by 20 % or more.


Article 8 – Guarantee & Notice of Defects


(1)     The purchaser’s rights resulting from defects postulate his compliance with his legal inspection and notification obligations.


(2)     In case a defect is recognizable in a due inspection on receipt of the goods, the purchaser has to notify us immediately about this defect, at the latest 10 days after receipt of the goods. In case of a latent defect, this time limit commences on recognition of the defect.


(3)     Guarantee rights are subject to a limitation period of 12 months after delivery of the respective goods to the purchaser. Return shipment of any goods are subject to our prior written consent.


(4)     Should the delivered goods, despite all due diligence, be defective at the time of the passing of the risk, it will be our decision if the defective goods shall be repaired or replaced, provided that we have received a timely notice of defects. In any case, we reserve the right of supplemental performance with in an adequate period of time. Any regress claims remain unaffected.


(5)     In case a supplemental performance fails, the purchaser has the right to cancel the purchase or reduce the price, irrespective of any possible claims for damages.


(6)     The purchaser cannot claim any rights resulting from an insignificant divergence from the agreed-on condition, an insignificant deterioration of usability, regular wear and tear, as well as damage after passing of the risk, caused by faulty or negligent use, excessive wear or stress, improper operating materials, inadequate operating conditions or special outside influences which have not been assumed in the contract. This is also applicable for improper maintenances or repairs performed by the purchaser or third parties.


(7)     Any claims of the purchaser resulting from expenses for transport, travel, work and material which become necessary for supplemental performance are excluded if those costs increase due to the fact that the goods delivered by us has been subsequently transported to a location other than the purchaser’s establishment, unless this transport corresponds with the goods intended use.


(8)     We reserve the right to pass on any differing guarantee & notice of defect policies of our suppliers to the purchaser.

Article 9 – Final Provisions

(1)     All agreements between the purchaser and us, as well as this general terms & conditions shall be in accordance with and subject to the laws of the Federal Republic of Germany. The UN Conventions of Contract for the International Sale of Goods (CISG) shall not apply.


(2)     Place of performance and sole court of jurisdictions is our principal place of business, provided no differing provisions in our order confirmation.


(3)     Should any part of the contract or these general terms and conditions be or become invalid, the remaining provisions shall not be affected hereby. Both parties are committed to replace invalid by licit provisions which come as close as possible to the economic intent of the invalid provisions.