General terms and conditions  


Valid from 1st June 2002

I. General
1. All offers are subject to confirmation. Subject to prior sale. Contracts only become valid upon our written confirmation, and are subject to the terms and conditions confirmed by us.

2. By placing an order, you, the customer, acknowledge our general terms and conditions. We shall only acknowledge your conditions of purchase insofar as these do not differ from our general terms and conditions.

3. We shall only be liable for damages within the framework of the overall contractual relationship if intent or gross negligence on our part can be proven. Any liability shall be excluded in the case of ordinary negligence.


II. Scope and delivery
1. The scope of delivery shall be governed by our order confirmation. Amendments and supplementary agreements require our written confirmation. Changes to an order after the order has been confirmed result in internal costs, which must be charged to the customer.

2. The scope of delivery shall only include construction and assembly work when such work has been specifically agreed and the details of this agreement included in our written order confirmation.

3. All assembly materials shall be delivered free to construction site in the case of assembly orders.

4. If orders are cancelled for reasons beyond our control, we shall be entitled to demand 15% of the merchandise value of the order confirmation for labour and administrative costs, unless higher expenses can be proven.

5. The loading point shall be deemed to be the place of performance for despatch – even in the event of carriage paid delivery.


III. Prices
1. Essmann products are delivered free to unloading point including packaging. Unloading shall be the responsibility of the customer. For invoice amounts up to EUR 250 net, we shall charge a supplement of EUR 25 net per invoice. The roof gully range deviates from the aforementioned surcharge amount, whereby the following applies: A supplement of EUR 10 net shall be added to all invoice amounts of EUR 100 net or less.

2. The prices specified in the sales/service contract shall be binding for agreed delivery within four months. In the event that extended delivery periods are agreed, we reserve the right to amend prices to reflect any changes in the associated costs of production (material, energy and labour costs).

3. III. 2. shall apply mutatis mutandis for the delivery (and assembly) of SHE systems or remote controls if assembly is interrupted for reasons beyond the supplier's control. The customer must also bear any additional travel costs incurred.


IV. Terms of payment
1. Our purchase prices and service fees shall be due and payable:
a) For assembly and maintenance work, net upon receipt of invoice;