GTC - General Terms and Conditions

Conditions of Payment and Delivery

of ELBE Schleiftechnik GmbH, Austraße 131, 74321 Bietigheim-Bissingen, Germany

I. Scope
Our sales conditions shall apply exclusively. We shall not recognise terms of the customer's which conflict with our sales conditions unless we have expressly agreed to those terms in writing. Our sales conditions shall also apply without reservation if we carry out delivery to the client in the knowledge of conflicting conditions of the customer's which deviate from our own terms and conditions. All agreements between us and the customer regarding the execution of the contract shall be recorded in writing in the contract.

Our sales conditions shall apply only to companies as defined by § 310 paragraph 1 of the German Civil Code (BGB).

II. Offer / Offer documents
If the order qualifies as an offer as defined by § 145 of the BGB we shall have the right to accept it within two weeks. We reserve ownership / copyright on all illustrations, drawings, calculations and other documents. This shall also apply to written documents marked as confidential. The customer must obtain our express written agreement for transfer to a third party.

III. Prices
Unless stated otherwise in the order confirmation, our prices shall apply ex works, excluding packaging. This will be invoiced separately. 

The sales tax required by law shall not be not included in our prices. It will be added separately on the day the invoice is issued at the legally required rate.

Discount will require a separate written agreement. Unless stated otherwise in the order confirmation, the net sales price (with no deduction) shall be payable within 30 days from the date of the invoice. Legal obligations pertaining to the consequences of non-payment shall apply.

IV. Delivery in instalments / Blanket orders
We shall be authorised to deliver orders in instalments. If we carry out the order as a blanket order at the request of the customer, the deliveries in instalments will be charged at the prices applicable on the day of delivery.

Blanket orders must be accepted within 12 months.

V. Delivery period
The beginning of the delivery period as specified by us shall require the clarification of all technical issues. Compliance with our delivery obligations shall furthermore require the punctual and correct fulfilment of the customer's obligations. We reserve the right to plead non-performance of the contract.

The delivery period shall run from the day of order confirmation until the day of delivery ex works. In special circumstances in which manufacture or delivery is impeded or hindered, for example situations beyond our control or other unforeseeable circumstances affecting our factory or the operations of our suppliers, delivery time shall be extended as said circumstances dictate. If delivery is not possible as a result of such special circumstances we shall be free of the delivery obligation if we are not at fault.
Any claim for compensation of delay of delivery is, however, espressly excluded.

VI. Transport / Passage of risk
Provided the order confirmation does not state otherwise, delivery is agreed upon ex works. Special conditions shall apply to returning packages.

At the request of the customer we will take out transport insurance for delivery. The additional costs of said insurance shall be payable by the customer.

VII. Complaints
Customer warranty claims require that the inspection requirements and return conditions be complied with according to § 377 of the German Commercial Code (HGB). If a delivery is short because of a lack of abrasives, we will make it up by way of remedy at no cost. If the subsequent performance fails, the customer shall be entitled to rescind the contract or call for a reduction in the price at his or her discretion.

Other customer demands shall be excluded, regardless of type. We shall accept no liability for damages as a result of faulty handling of abrasives by the buyer.

VIII. Deviating order quantities
As a function of the production process, the quantity actually delivered may deviate from the quantity ordered by up to 10%.

IX. Place of performance and jurisdiction
Exclusive place of performance for delivery and payment and legal domicile for both parties shall be the district court in Stuttgart.

X. Saving clause
If any individual clause or clauses in these terms and conditions should become invalid, either wholly or in part, this shall not affect the validity of the other conditions. In any such case the parties to the contract shall be under obligation to reinterpret the whole in such a way as to achieve, as far as possible, the effect that would have been achieved with the void or invalid provisions had they not been void or invalid.