Terms of Delivery and Sale of erfi

1. General Provisions

The following conditions are deemed accepted upon fulfillment of the order. Upon their occurrence, all previous conditions are superseded. Deviations from these conditions require our written confirmation. Conditions of the purchaser are not binding on us, even if we do not explicitly object to them. Should any of the agreed conditions be invalid for any reason, the remaining conditions shall remain unaffected. Unless otherwise specified below, the provisions of the German Commercial Code (HGB) shall apply additionally, even if the buyers are not merchants within the meaning of the law.

2. Offers:
Our offers are non-binding and subject to change; they do not constitute a binding obligation for reorders. Prior sale is reserved.

3. Orders:
Orders, including sales made by our representatives or online orders, are only considered accepted by us once we have confirmed them in writing or online, or have fulfilled them by delivery without objection. For reorders, we do not guarantee that the delivery will correspond in quality, execution, etc., to previous deliveries. Goods specially manufactured or procured for the purchaser exclude cancellation of the purchase contract or return. Returns due to changes in execution remain reserved, provided that the technical characteristics of the goods are not impaired.

4. Prices:
Prices are quoted in the currency valid for domestic delivery or in euros and are understood – unless otherwise agreed – ex warehouse or ex works, excluding packaging and insurance. Legally permissible supplementary charges at the time of delivery are considered agreed upon. Reductions or elimination of existing duties do not entitle the buyer to a price reduction. If no fixed prices are expressly agreed upon in writing, we will charge the prices valid on the day of delivery. For the calculation of any quantity discounts, the respective order applies; in the case of call-off orders, the quantity actually called off is decisive.

5. Packaging:
Packaging will be charged and is non-returnable.

6. Delivery Time:
The delivery time can only be given approximately and is therefore non-binding; it begins on the day of order confirmation, but not before all execution details have been fully clarified. Claims for compensation due to non-fulfillment or delayed fulfillment are excluded unless otherwise agreed. In cases of force majeure or unusual hindrance, especially due to operational and traffic disruptions, shortages of raw materials, and changes in economic conditions, we are entitled, without assuming liability for any damages, to withdraw from the contract in whole or in part or to extend the delivery time until the obstacles are removed. A causal connection does not need to be proven. Partial deliveries are permitted and are considered separate transactions.

7. Shipping and Charges:
All shipments travel at the expense and risk of the purchaser, even in the case of freight-free delivery. The method of shipping, means of transport, and protective measures (covered and special vehicles will be charged separately) are at our discretion and exclude any liability on our part.

In the case of freight-free delivery to the destination, we do not advance the freight charges but reimburse only the actual freight cost for the cheapest and shortest route. Goods declared ready for shipment must be collected immediately; otherwise—or if shipment is impossible—we are entitled to store them at the purchaser’s expense and risk at our discretion and to invoice them as delivered.

The quantities determined at the time of shipment are decisive for the calculation.

8. Transport Insurance:
Unless otherwise agreed, goods shipments are insured by us in favor of our buyers during rail transport. The cost of the insurance will be charged. Any damage occurring during railway transport must be reported immediately upon receipt of the goods to the railway information office, and a certificate must be obtained according to railway transport regulations. If necessary, free replacement of the damaged parts must be requested. If the damage is not discovered immediately upon receipt but only when unpacking—no later than within 3 days after the goods have come into the possession of the recipient—a railway authority certificate must also be requested in such cases. For deliveries by crane truck, all goods must be inspected immediately upon receipt and any damages noted on the delivery and receipt slip belonging to the shipment.

9. Notification of Defects and Warranty:
Any defects must be reported by the purchaser within 8 days of receipt of the goods at the destination, and as long as the goods are still in their delivered condition. If the recipient wishes to remedy the defect themselves in special cases, prior approval from us must be obtained. Returns will only be accepted after prior agreement and must in any case be made free of charge. Complaints do not affect the fulfillment of the agreed payment terms.

If we acknowledge the notification of defects as justified, we have the option to either take back the defective goods and replace them with faultless ones, refund the purchase price, or compensate for the diminished value. Further claims are excluded. Damage to the goods caused by improper handling after leaving our premises, especially due to moisture exposure, does not entitle the buyer to assert warranty claims. Warranty claims can no longer be made after 12 months from the date the goods leave our premises; they expire one month after rejection of the defect notification by us.

10. Disposal/Return of Waste Electrical Equipment according to §19 ElektroG:
erfi Ernst Fischer GmbH+Co.KG offers environmentally responsible take-back of waste equipment to ensure proper disposal and recycling in accordance with the requirements of the Electrical and Electronic Equipment Act (§19 ElektroG).
All erfi brand devices that are no longer in use can be returned. Only insert devices without housing can be accepted. Complete tabletop assemblies, laboratory tables, or similar items cannot be returned.
Returns must be registered by phone at +49 7441 9144-0 or by email at erfi@erfi.de. Afterwards, the waste devices must be securely packed and sent to the return address provided upon registration.
According to Article 13(2) of Directive 2012/19/EU, the costs for disposal and shipping are transferred to the end user.

11. Retention of Title:
All items delivered remain our property (reserved goods) until full payment of all claims arising from the business relationship has been made. The recipient is only permitted to resell these reserved goods in the ordinary course of business and only under the condition that the retention of title is passed on to the purchaser. However, pledging or transfer by way of security is not permitted as long as we retain ownership.
If the buyer resells the goods delivered by us, he hereby assigns to us all claims arising from the resale against his buyer, including all ancillary rights, until full payment of all claims from deliveries of goods has been made. Upon our request, the buyer is obliged to notify his buyers of the assignment of claims from the resale of reserved goods.
The buyer is entitled to collect the claims from the resale of reserved goods until revoked by us at any time. He is not authorized, however, to dispose of the claims in any other way, for example by assignment.
In the event of attachment of the reserved goods by third parties, the attaching creditor or bailiff must be informed immediately of the retention of title, and we must be notified of the attachment including details of the attaching creditor.

12. Payment Terms:
Payment must be made to us in legal tender.

Representatives are not authorized to collect payments. Invoices must be paid to us free of charge, independently of any rights to lodge complaints, according to the payment terms stated in our invoices. Complaints do not entitle the buyer to withhold counterclaims or the purchase price. If a cash discount (skonto) is agreed, it applies only to the net value of the goods. The discount period always starts from the invoice date, regardless of the day the goods or invoice are received by the buyer. On the due date, default occurs without reminder, entailing the obligation to pay bank interest on overdue amounts. We accept discounted bills of exchange only based on prior agreement as payment. Acceptance of bills of exchange and checks does not exempt from payment. Discount and expenses are at the buyer’s expense.

Our credit is valid at the value of the day on which we can dispose of the equivalent amount, without prejudice to earlier due dates in case of the purchaser’s default in performance. No cash discount is granted for payment by bill of exchange. If these payment terms are not complied with, or if circumstances become known to us after the respective contract conclusion that are likely to impair the purchaser’s creditworthiness, all our claims become immediately due, regardless of the maturity of any accepted bills of exchange. We are then also entitled to carry out outstanding deliveries only against advance payment or security. After a reasonable grace period, we may also withdraw from the contract or claim damages for non-fulfillment, without prejudice to the right to take back goods delivered under retention of title.

Payment Terms: Private individuals will only be supplied against prepayment.

13. General Data Protection Statement:
The operator undertakes to collect, process, or use personal data only with the prior consent of the customer, insofar as this is necessary to enter into, modify if necessary, and execute the contractual relationship. Furthermore, the operator commits to informing the customer about the scope of this data usage. Usage profiles will only be created by the operator without prior consent of the customer by using pseudonyms or anonymized forms. Otherwise, the new Federal Data Protection Act (BDSG-neu) and the General Data Protection Regulation (GDPR) apply as of May 25, 2018.

14. Place of Performance and Jurisdiction:
The place of performance for our delivery and all obligations of the buyer is Freudenstadt. The place of jurisdiction is Freudenstadt.