Terms and Conditions
Deliver and payment conditions Effective: August 2018
These terms and conditions apply to all transactions between our customers and ourselves. Every customer agrees to them. ES-TE, expressively, rejects all terms and conditions set up by the customer as long as we did not agree to them in a written statement.
All our offers are non-binding offers.
If any of the following clauses is disputed or challenged the German version of the clause will be the one that is binding legally.
2. Terms of Delivery
Our deliveries are made ex works Berlin. The delivery lead-time starts from the moment the order confirmation has been signed by us. If there are any documents to be supplied to us by the customer, delivery lead-time will not start before we have received all of these documents. If terms of payment are prepayment or partial payment in advance, the delivery lead-time will not start before we have received these payments in our accounts in Euro or before we have received a letter of credit, which we have agreed to in advance. Delivery lead-time will be extended reasonably as soon as we encounter procurement-, manufacturing- or delivery obstructions caused by e.g. lack of energy, traffic delays or strike. Delivery lead-time will also be extended reasonably in case our suppliers meet the same obstructions. The purchaser may cancel the contract with us only if he has prolonged the delivery lead-time reasonably after we failed to deliver the goods on time. Cancellation of an agreement or contract has to be done in written form. Goods shall be considered delivered on time as long as they are ready for shipment or as long as they have been passed over to the forwarder or purchaser. If one of the reasons aforementioned prevents us to fulfill a contract we will be released from our obligation to deliver the contracted goods.
3. Order Extend
Either our written order confirmation or our written „Reparaturauftrag” define the extend of every contract between a customer and ES-TE. We are bound by written agreements only. All oral agreements require to be confirmed in written form. We reserve the right to alter shape or construction of our products due to product development as long as these alterations to not cause a lack of functionality to a certain extend.
4. Cancellation Costs
We will charge 10% of the contract sum as cancellation fee in case the buyer cancels his order. The cancellation fee will cover all the expenses that were caused by the cancellation. We will decrease the fee in case the buyer proves that we incurred less costs.
5. Passage of Risk
The buyer has the obligation to accept the delivery of ordered goods. Goods will always be delivered ex works Berlin unless stated otherwise. Risk of loss or damage passes over to the buyer as soon as the goods delivered leave either our factory or our warehouse. The risk of loss or damage of the goods to be delivered passes to the buyer the moment the buyer declines the delivery of the goods ordered.
We will be invoicing prices that are valid at the day of delivery unless stated otherwise. When goods are delivered to a location inside the EU we will add VAT as long as we have no information about the buyer’s national VAT identification. We will always invoice VAT for deliveries to locations in Germany. Prices may vary when the time lap between order and delivery is longer than four months. We may raise prices due to rise in salaries, rise in materials or any other rise of cost price. Our prices do not include transport and packing.
Warranties follow our latest terms of warranty.
8. Transport damages
The buyer is liable to examine incoming deliveries for damages externally visible before accepting it from the forwarder, parcel service or any other transport company, and – if necessary – claim it immediately. This can be made by a notice on the waybill or by refusing the complete consignment. After having acknowledged the receipt of the goods, it is not possible to claim anymore.
9. Reserved Rights
We reserve the property of the goods delivered until our invoices have been paid in full. We may repossess goods delivered in case the buyer fails to pay our invoices in time. The buyer agrees to cooperate in all ways in case we decide to repossess the goods delivered. We do not cancel any contract even if we try to gain possession of goods that have not been paid for as long as we do not state cancellation in written form explicitly. We entitle the buyer to sell the goods acquired from us to his customers even if the goods have not been paid for. In this case the buyer agrees to retire a portion of his sales price that equals the purchase price of our goods to us. The buyer is entitled to collect the retired portion for us. Nevertheless this does not mean that we give up our legal right to collect the retired portion from the buyer’s customers ourselves. We will not collect ourselves as long as there are no overdue invoices addressed to the buyer. The buyer will supply all information necessary for the collection of retired portions to us provided we decide in case of payment delay to collect the retired portion of the buyer’s sales price ourselves. As soon as goods we delivered will be joined with goods that do not belong to us a portion that equals the value of our goods of the new combination will belong to us. The buyer may not bond goods still belonging to us to anybody. In any attempt of seizure the buyer has to inform everybody that the goods delivered by us and not paid for yet still belong to us. The buyer will inform us about any attempted and successful seizure and will support us in any way in order to prevent any seizure.
10. Liability caused by Offense
Buyer and seller agree mutually that buyer waives every liability caused by offense.
All our invoices are due immediately at the date of invoice. We do not allow any reductions from our invoices unless we did not agree to reductions in written form. We will not accept cheques that have been issued by a foreign bank. Furthermore we will not honor cheques before they have been credited to our bank account. Buyers will have to pay interest for all over dues according to § 288 BGB. We do have the right to cancel credit lines and require payment for all unsettled invoices issued to the buyer if we learn about circumstances that make these actions advisable. The buyer may not compensate our invoices with his own invoices as long as we have not acknowledged them. We are entitled to a deposit of at least 30% at the moment an order has been placed with us.
12. Return of Goods
The return of goods already delivered is not possible in any case. We may, in single cases, accept the return of goods already delivered, but will refund not more than 70% of the purchase price. Necessary repairs will be subtracted from the amount to be credited for the return. Custom made products cannot be returned at all.
13. Product Markings
An alteration of our product markings or a use of our product markings for articles that have not been made by us is not allowed.
14. Controlling Law
German law will apply to all contracts and deliveries. Furthermore the definitions set forth in Incoterms of the International Chamber of Commerce, 2010 Edition, shall be controlling. No article of the Hague convention of international trade applies to any business or transaction with us.
If any portion of these terms is held invalid by any law, rule, order or regulation of any government, or by final determination of a court of last resort, such invalidity shall not affect (a) the other provisions of these terms, (b) the application of such provision to any other circumstance other than that with respect to which these terms were found unenforceable, or (c) the validity or enforceability of these terms as a whole.
16. Place of Fulfillment, Venue
Place of fulfillment for all contracts, agreements and liabilities is Berlin. All legal actions have to be performed in front of the Landgericht Berlin. We are also entitled to file legal actions in front of a court in the buyer’s home country or city.
Rights and liabilities resulting from contracts with us may be assigned to third parties with our written consent only.
ES-TE Folding Systems GmbH
Terms of warranty Effective: August 2018
1.Terms of warranty
For a period of 12 months from the time of delivery ex works Berlin we guarantee that our products are free of any defects due to bad material or bad craftsmanship.
Within that period either our own employees or somebody else being ordered by us will repair all defects resulting from bad craftsmanship or bad material as long as the location in which our product is placed is in the Federal Republic of Germany.
Repair or replacement of parts will not extend the warranty period for the product. Defective parts or components will either be replaced or repaired at our discretion. Moreover we reserve the right to decide whether to replace the whole product within the period of 6 months from the time of delivery ex works Berlin.
Retailers do only have the right to require the replacement of defective parts as the labor costs have already been covered by the retailers’ discount they were granted at the time of purchase.
We will cover occurring cost for shipping and handling of the replacements within the Federal Republic of Germany.
The replacements will be charged to the customer. As long as the defective parts are being returned within 15 working days free of charge to us and as long as we consider the defect being caused by bad material or bad craftsmanship we will refund the customer completely.
2. Terms of warranty for foreign countries
Within a time period of twelve months from the time of delivery ex works Berlin we will replace defective parts which are not considered wear parts by either new parts or repaired almost new parts, if the defect has been caused by bad material or craftsmanship.
Shipping of replacements will be c.o.d.. We will not cover costs of shipping and handling.
As long as the defective parts are being returned within 60 calendar days free of charge to us and as long as we consider the defect being caused by bad material or bad craftsmanship we will refund the customer the charge for the replacement.
In any case all shipments of defective parts to ES-TE Folding Systems GmbH have to be free of charge for ES-TE.
3. Spare parts warranty
For a period of 12 months from the time of delivery ex works Berlin we guarantee that our spare parts are free of any defects due to bad material or bad craftsmanship. Within that period we will replace defective spare parts.
We will cover occurring cost for shipping and handling of the replacements within the Federal Republic of Germany.
The replacements will be charged to the customer.
As long as the defective parts are being returned within 15 working days, within 60 calendar days from foreign countries, free of charge to us and as long as we consider the defect being caused by bad material or bad craftsmanship we will refund the customer completely.
4. Parts not being covered by our warranty
Following parts are not covered by this warranty:
All wear parts such as:
Circuit breakers, neon lamps, glass plates,
plastic rolls, feed rolls, fold rollers and all kinds of belts.
5. Unsuccessful attempts of repair
In case either our employees or somebody else ordered by us are not able to repair our defective product or in case our customer will not bear any further attempts to repair our product, the customer shall be entitled to get a product replacement from ES-TE Folding Systems GmbH. The customer has the right for a product replacement within 6 months from the time of delivery ex works Berlin.
The products of the plan folders manufactured by us shall be unobjectionable as long as they comply with DIN 476, DIN 821 part 2, DIN 823 and DIN 824.
The warranty will only be in effect for machines that are used for not more than eight hours a day and only in a way they were designed for.
If the device is operated in an environment that does not comply with the manual, or if the it is used in a way it was not designed for, or if somebody not being entitled to tampered with the machine, or if the machine has been serviced insufficiently, which means not being serviced in accordance with our service manual, or has not been serviced at all, the warranty declaration will be void.
ES-TE Folding Systems GmbH does not agree to any further warranty either tacitly or not.
For all equipment and software that is being sold by ES-TE Folding Systems GmbH as a dealer the manufacturer’s warranty statements apply.
These warranty statements may be obtained from ES-TE Folding Systems GmbH on demand.
If any fault occurs, that has been caused by faulty soft- or hardware that has not been sold by ES-TE Folding Systems GmbH; these terms of warranty do not apply.
All amendments to these terms of warranty have to be made in writing.
10. Place of jurisdiction
For all legal actions that result from or in accordance with these terms of warranty Berlin-Spandau shall be the place of jurisdiction and German law shall apply.
Berlin, 1st of August 2018