General Terms and Conditions (AGB) ez-Isolierungen GmbH. Austrasse 14, A-6200 Jenbach
1. General Information, Field of Application
The EZ-Isolierungen GmbH. (EZ) use these general terms and conditions (AGB) as the basis for all their delivery contracts with the clients. As long as no special agreements or conditions have been negotiated and expressly confirmed by us, the following AGB are valid, to which then the clients expressly declare their agreement when the contract is awarded. EZ does not recognize the contract obligations provided by the clients.
2. Offer and Conclusion of the Contract
All offers of EZ are subject to change. EZ expressly reserves the right to replace, at any time, designated materials contained in the bidding documents and design drawings with other equivalents. At the same time, EZ obligates itself to promptly inform its clients in that regard.
EZ is entitled to the unlimited property and copyright on all documents appended to the offer. The transfer of these documents to a third party needs the prior written permission of the EZ.
Offers and cost estimates are non-binding; the contract comes into being after the receipt of the order, in that the written contract confirmation is sent off by EZ. All contracts and their amendments require to be in writing. The client cannot derive the rights, of whatever sort, from the contents of the catalogues, advertising brochures and web presence.
The EZ prices, as per the effective pricelist and as per all EZ-price offers, whether written or verbal, remain subject to change/ confirmation and are to be understood as net (after tax), ex factory exclusive of statutory value added tax. All prices are calculated on the basis of the available drawings and data record and are based on the estimation of the immediate costs for the raw material and work., In case of changes in design and data record, as well as in material prices, EZ reserves the right of price adjustment. EZ obligates itself at the same time to immediately inform its clients about the necessary price adjustment. If there is a gap of more than three months between the preparation of the bid and its execution, and the prices change in that time period, EZ is entitled, at the time of delivery, to undertake a corresponding price adjustment. Cost overruns that occur due to the inappropriate condition of the materials supplied by the client, will be billed separately by us.
4. Payment Conditions
The payment terms/period for the clients will be indicated by EZ in the offer and the invoice. The granting of a cash discount will be defined for each client in the offer, in the respective confirmation of order and commercial invoice.
In the event that the credit period is overrun, we reserve the right to charge default interest at a premium of 5% to the currently valid EUIBOR. An offset or retention by the purchaser is principally ruled out, unless EZ has recognized expressly in writing a counterclaim or the right to offset, or that has been legally stipulated. In special cases, EZ reserves the right to undertake delivery against prepayment or charge forward. This is true especially when the circumstances are such that the credit worthiness of the purchaser is diminished; in that case, EZ is also entitled to a cancellation of contract without it giving rise to any claims on the part of the purchaser.