Impressum

Domain Owners

Enco GmbH
Dipl.Ing. Jens Engelmann
Tuchschererstraße 4
09116 Chemnitz (Germany)

Phone ++49 371 81 00 00
Fax ++49 371 81 00 018

Email: info@germanspecialcustoms.com

HRB-Nr.: 18151 HG-Chemnitz
UmSt.-Idnr.: DE813035784

AGB

Terms and Conditions of ENCO-Company Ltd. ("GmbH" under german law)

§1 General
The following conditions apply for all offers by and contracts of ENCO GmbH and are also valid for any subsequent order and delivery. Deviating terms and conditions of contract partners do not become content of ENCO GmbH’s offers or contracts. An explicit rejection of such terms and conditions by ENCO GmbH is not required. Representatives or sellers of ENCO GmbH are not entitled to modify or amend the terms and conditions of ENCO GmbH.

§ 2 Offers and prices
Offers or orders directed at ENCO GmbH shall be deemed adopted unless ENCO GmbH does not object to such offers and orders in writing within 10 days after their receipt. The offers by ENCO GmbH are always subject to change. The prices are valid from the head office of ENCO GmbH including packaging but not postage, freight and transport packaging. All agreed and net prices are exclusive of VAT. Unless otherwise agreed, the relevant prices are those of the date of delivery.

§ 3 Terms of Payment
Accounts of ENCO GmbH are generally payable by cash upon delivery. If special payment agreements have been reached with an individual customer, such customer will - in case of failure to pay as per agreement - be in default of payment without reminder. Payments made by the purchaser may be credited by ENCO GmbH against former arrears. In case of overdue payment a default interest of 4 percent above the current discount rate of the Deutsche Bundesbank will be raised. If payment in instalments was agreed and the purchaser is in default of payment, the entire remaining purchasing price as well as all other outstanding debits of ENCO GmbH will be due with immediate effect. In this case ENCO GmbH is also entitled to refuse all further deliveries without further notice. The above paragraph shall apply accordingly if the assets of the purchaser are subject to composition or bankruptcy proceedings. The assertion of any further delay damages remains reserved.

§ 4 Delivery
Agreements on delivery dates and deadlines can be made binding and non-binding; they have to be in writing, even in case of a subsequent amendment. ENCO GmbH is exempted from its delivery obligation if the company’s suppliers or manufacturers for operational reasons (bankruptcy, closure, assortment changes etc.) are not able to deliver. The delivery time is extended to a reasonable amount in case of force majeure and other unforeseeable circumstances or circumstances through no fault of the company’s own (eg operational disturbances, strikes, lockouts, lack of transportation, administrative intervention, power supply problems, etc.), although the circumstances of this company ENCO GmbH or the suppliers or Manufacturers appear to prevent the timely delivery. ENCO GmbH and the Purchaser shall be entitled to rescind the contract if the delivery delays for of more than three months. The purchaser may not derive damage claims from the extension of the delivery period or from the omission of the delivery obligation. If the shipment is delayed at the request of the purchaser, the purchaser has to bear the resulting storage costs. If a due delivery for reasons founded in the sphere of the purchaser is impossible ENCO GmbH is entitled after the setting and the fruitless expiry of a reasonable time to dispose of the consignment. Only if the purchaser performs his contractual advance ENCO GmbH is bound to comply with the delivery time. ENCO GmbH is also entitled to partial deliveries. Goods delivered by ENCO GmbH have to be accepted even in case of minor defects.

§ 5 Delivery / Transfer of Risk
The shipment and the possible reshipment of goods to ENCO GmbH have to be effected at the purchaser’s costs and risk. ENCO GmbH may determine the mode and the route of shipment at its own discretion Deliveries of goods are only subject to special transport insurance on the explicit instruction of the purchaser. The purchaser has to bear the costs for transport packaging.

§ 6 Warranty
Titles resulting from defects or the lack of a warranted characteristic only arise if the defect or the lack is immediately brought to the attention of ENCO GmbH in writing and according to the terms of § 377 HGB (German law) and if furthermore the defect and lack has been proven. Excluding all further titles ENCO GmbH is liable as follows: ENCO GmbH reserves the right to remove defects optionally by remedy or compensation delivery. For this the purchaser is obliged to grant ENCO GmbH a reasonable amount of time and opportunity, otherwise the obligation to remedy a defect will not apply. ENCO GmbH has three attempts to comply with its obligation to remedy a defect. Only thereafter the purchaser is entitled to an abatement or redhibitory action. No guarantee is given for defects and damages resulting from the purchaser’s own attempts to a removal of defects, from the purchaser’s wrong or improper use, from abrasion and lacking or negligent treatment. An exclusion of warranty also applies to commercial variations of the supplied goods offered by the prospectus. The agreed payment obligations remain unaffected from the purchaser’s notice of defect. Where the company ENCO GmbH provides further benefits by goodwill than the agreed warranty neither a legal right of the purchaser nor a legal obligation of the ENCO GmbH is accepted.

§ 7 Retention of Title
ENCO GmbH retains title to goods supplied until all claims arising from the business relationship with the customer are settled. The purchaser is entitled to resell only in the course of proper business, with outright payment and under the retention of title. The purchaser conveys all future claims resulting from the resale of the delivered goods to ENCO GmbH in order to secure the benefit in favour of ENCO GmbH. If the purchaser resells goods together with goods not owned by the ENCO GmbH, assignment by way of security only occur to the amount the ENCO GmbH has invoiced the value of goods delivered. The customer or purchaser may not pledge the retained goods or for security. Any third-party access to the reserved property title or to any assigned claims must be brought to ENCO GmbH’s attention. Moreover, the purchaser has to advise the third party on the property rights of ENCO GmbH. If goods supplied by ENCO GmbH are combined, mixed or converted with other goods by the purchaser it is deemed as agreed that ENCO GmbH obtains the ownership at the rate of the value of the delivered goods in relation to the value of the new produced good. The purchaser in this case has the obligation to gratuitously store the goods until the expiration of the co-ownership. In case of a default of payment ENCO GmbH is authorized to take possession of the goods under retention of title. The assertion of the right to restitution in relation to the goods under retention of title is not to be regarded as a withdrawal from the contract. The purchaser is entitled to assure claims assigned as a precaution to ENCO GmbH as long as he fulfils his contractual payment obligations. The purchaser is obliged to provide ENCO GmbH with all information and support necessary for the assertion of its rights and for this purpose also allows the entering of the purchaser’s premises. In case of default payment ENCO GmbH is entitled to take possession of the goods under retention and to resale the goods in the open market. The repossession does not require a specific reminder or deadline and does not include an implied redhibitory or cancellation statement; the effectiveness of the sales remains unaffected. As to the extent permitted by law, claims of the purchaser against ENCO GmbH going beyond the above-mentioned claims are excluded, in particular the compensation for damages occurring not from the delivered goods themselves and claims for damages for the lack of warranted characteristics. In case of a lack of warranted characteristics the purchaser may only rescind the contract.

§ 8 Contract adjustment / Cancellation
An adherence to the contract will not be defensible if unforeseen events in terms of § 4 (3) of the general conditions of ENCO GmbH occur. ENCO GmbH is entitled to an offer an adjustment of the contract. If a contract adjustment is economically unreasonable or if the purchaser rejects a contractual adjustment both contractual partners may resign from the contract. However, the purchaser is not entitled to reject an only slight adjustment of the contract. ENCO GmbH may also rescind the contract, if there are reasonable doubts as to the creditworthiness of the purchaser or if bankruptcy proceedings have been filed against the assets of the purchaser or judicial or extrajudicial settlement proceedings have been issued against his assets. In the case of a rescission from the contract by the ENCO GmbH the amount of 25 percent of the agreed purchase price is deemed as the agreed compensation and allowance for lost profit. If the purchaser withdraws from the contract, claims for damages in his favour are barred.

§ 9 Offsetting / Retention
The purchaser is only entitled to a set-off right in case of undisputed and legally established counterclaim. The assertion of a lien is excluded as far as these terms do not regulate otherwise.

§ 10 Final provisions
In case of individual provisions of this agreement being void, the effectiveness of the rest of the content will not be concerned. The invalid or void provisions are replaced by those that are effective and proportionate to the purpose of the invalid or void provisions.

§ 11 Place of Delivery and Jurisdiction
Place of delivery and jurisdiction is Chemnitz (Germany).
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++49 371 81 00 00
info@germanspecialcustoms.com

Tuchschererstraße 4
09116 Chemnitz Deutschland