General Terms and Conditions of ELB Eloxalwerk Ludwigsburg Helmut Zerrer GmbH
1. OFFERS AND PRICES
The offers and prices are subject to change and are understood to be work from ELB. The items to be processed are to be delivered free of freight and charges.
2. PAYMENT TERMS
All amounts are payable without deduction.
Unless stated otherwise on the invoice, all amounts must be paid within 8 days. First and small orders are to be paid immediately upon collection.
Invoice amounts up to EUR 50 are to be paid in cash upon collection.
Invoice amounts below EUR 80.- are payable immediately.
Interest on arrears will be charged in accordance with §288 BGB.
If the payment terms are not met, ELB is entitled to collect the outstanding invoices immediately. Claims by third parties for claims by ELB are not recognised.
The costs incurred by ELB for packaging will be calculated at 4% of the invoice amount.
In the case of express goods or postage, the transport costs incurred will be invoiced, as well as the costs for carriage and storage costs incurred from the deliveries.
5. DELIVERY RESERVATION, FORCE MAJEURE
All causes of force majeure, which result in a disruption of operations, exempt ELB from meeting the delivery deadlines.
6. RESERVATION OF TITLE, RIGHT OF RETENTION, LIEN
The items handed over to ELB for processing remain the property of ELB in accordance with §950 BGB until full payment, even if the goods are processed by the customer or a third party commissioned by them (extended retention of title). ELB is also entitled to the right of retention and the right of lien on the items.
In the case of workpieces with narrow tolerances, it is essential to pay attention to the information on pre-treatment:
E0 = without or with a small change in dimensions
E6 = ablation of approx. 0.05mm
(More depending on the alloy)
In the case of incorrect or incomplete information, we assume no liability.
If the dimensions must be observed exactly, ELB must receive a drawing for the order. In the order and in the drawing, ELB must be clearly informed about all the dimensions to be observed. Furthermore, ELB must be provided with a suitable measuring tool (Subito, micrometer, …) by the customer.
8. CONDITION OF DELIVERY
Quality processing is only possible if parts are delivered dry and free of grease. The customer is therefore obliged to deliver the parts accordingly.
9. NOTIFICATIONS OF DEFECTS
Notifications of defects must be made no later than 8 days after receipt of the goods. If the parts have already been installed, e.g., attached to a building or a machine, ELB will no longer accept complaints of any kind. Justified complaints are compensated by ELB through free rework.
10. COLOUR/BORDER PATTERN
Since the color shades in the anodizing or color anodizing process depend on the material, the customer must ensure that only suitable alloys (e.g. decorative anodized quality) are delivered. An absolute match in color cannot be achieved for material and process-related reasons.
Before executing an order, the customer must have color tolerance samples made of the parts to be processed. These light and dark limits are binding for acceptance.
ELB’s warranty is excluded:
- in the event of incorrect, incomplete or missing material specifications;
- in the case of delivery of NOT dry and grease-free parts (see Section 8);
- for parts that are structurally difficult to treat or only allow for a high risk;
- if there are no contact specifications in the order or the drawing;
- in the event of missing or incongruent delivery and order details (delivery note, order, drawing);
- upon delivery of material that is not in perfect condition. Additional costs associated with this are to be reimbursed by the client;
- upon delivery of already anodized or pickled material;
- if unsuitable cleaning products and aids are used;
- if the customer does not have any colour/limit samples created (see Section 10).
12. LIMITATIONS OF LIABILITY
ELB is liable without limitation for damages within the framework of the legal provisions
- Resulting from injury to life, body or health;
- based on willful or negligent behavior by ELB or a legal representative or vicarious agents;
- due to the lack or omission of one guaranteed property.
ELB is liable, limited to compensation for the foreseeable damage typical for the contract, for damages that are based on a slightly negligent breach of essential contractual obligations or cardinal obligations by ELB or one of its legal representatives or vicarious agents.
ELB is not liable for other cases of slightly negligent behavior.
Liability under the Product Liability Act remains unaffected.
Compensation for costs or damages for any rejects or changes in shape, cracks and the like arising during processing, as well as for influences on the dimensional accuracy and fitting of moving parts are excluded.
In the case of small parts, the client accepts a work-related reject or a shortage of approx. 5% of the number of items.
If the customer delivers material that is not in perfect condition, he must reimburse the additional costs associated with this.
All transportation costs are at the expense of the customer. Any further claims for compensation resulting from this are excluded.
14. PLACE OF PERFORMANCE AND JURISDICTION
Place of fulfillment for deliveries and payments as well as jurisdiction is Ludwigsburg.
15. VALIDITY OF TERMS AND CONDITIONS
When placing an order, the customer accepts the general terms and conditions of ELB. These are also deemed to have been agreed if the customer’s conditions deviate from them.
The customer’s general terms and conditions are not binding for ELB even if they were used as a basis for the written order and ELB does not object to the content. They only become part of the contract if they are confirmed by ELB in writing.
As of 07/2023