Offers and information material
All offers as well as verbal or telephonic agreements are without engagement. Bindingness and legal effectiveness result out of contracts or identical declarations of intend, e.g. your purchase order and our confirmation of order, in consideration of reservations being located in the lower part of these conditions of sale.
Modifications of price and product are reserved. For this reason the delivery condition of our products cannot be deduced automatically from the product's presentation in our information material, see also "Reservations".
Our prices are to be understood ex works, packing excluded. Packing cases and crates are charged. Since ceramic products are susceptible to breakage during transport a transport insurance is recommended. Unless otherwise specified, we bill the buyer 1 % transport insurance of the net value of the goods.
For consequences at troubles during the delivery see under "Reservations".
Delivery dates are always stated with the reservation of force majeure and unforeseen circumstances in our company or at our suppliers. A possibly obligatory indemnification is not arising for us, see also under "Reservations".
Unless otherwise specified in our documents or unless otherwise agreed our invoices are payable from the invoice's date within 10 days with 2 % cash discount or within 30 days of the invoice date net cash. The date of the payment receipt is decisive for the cash discount period. The payment can be made cash or by transfer at one of our bank accounts.
For new customers we supply the first purchase order/ value of our quotation against payment in advance or cash on delivery, afterwards 10 days 2%, 30 days net are possible. Customers, whose current solvency we are not able to estimate or to assess positively we supply against payment in advance, cash on delivery or bank guarantee.
For consequences at troubles during the payment see under "Reservations".
Custom-made products or special requests
Custom-made products require a quantity tolerance of ± 10 %, however the smallest possible tolerance quantity is + 2 pieces. This tolerance refers to the ordered quantity. The buyer assumes responsibility, to take off the complete produced quantity within the above mentioned tolerances. The whole quantity supplied is invoiced at the agreed prices.
A retraction of delivered quantities is excluded.
A supply contract for custom-made products will be not legally effective before our written acknowledgement.
We guarantee the quality of our products in that we have the option to either repair or replace the goods in the case of defective materials or faulty production, such repair or replacement being made within 6 months. The rights regarding abatement, annulment and repair of defects are reserved to the customer according to the legal regulations. The transfer of costs for service, production stop etc. is excluded.
For heaters of the series ELSTEIN MaxLife FSM the period is 20 000 operating hours or 3 years beginning from the heater's manufacturing date for the above mentioned guarantee.
Product safety and liability
In connection with our products, the applicable regulations and provisions according to the harmonized European standard EN 60519-1, safety in electric heating equipments, are considered.
The company or the person respectively who installs our products is responsible for the professional installation in compliance with the safety precautions and the valid safety regulations (e.g. EN-, VDE-, UL-standards etc.). Our safety precautions are contained in the mounting instructions, which are added to each infrared radiator, as well as in our product catalog. The safety precautions must be handed over to the user in his language.
The user has the responsibility for the correct use of our products as well as the adherence to the safety rules.
We do not accept any liability for bodily injury, damage to property, or stoppage of work resulting from faults or defects in our products, with the exception of those damage claims resulting from gross negligence on our side.
We also are not liable for consequences, which result from the operation of our products, or which occur due to a wrong product choice.
Defects have to be notified to us without delay and in written form upon receipt of the goods. The documentation of the defect must be clear to understand - adding photos is highly recommended. If the period between receipt of goods and notifying the defect is too long or if the documentation is insufficient, then the insurance company may not grant compensation. We are requested by the insurance company to notify them a defect within 5 days. Return shipments are subject to our consent to be given prior to despatch. Technical modifications, deviations from samples or of former consignments we reserve.
Returning of standard products being ordered by mistake (not valid for special products)
Returning of supplied goods being ordered by mistake is possible if the following preconditions are fulfilled:
The goods have not been used, they are technically and optically faultless, packed in original packing and the goods are not older than 3 months. The freight and packaging cost are paid by the re-sender.
Trademark // Copyright
The name "ELSTEIN" is a worldwide registered and protected trademark for our products. Its use requires our approval in written form. This is also related to all media including the internet.
We reserve the owner- and copyrights at our estimation of costs, drawings, our internet contents and all other documents. Their use or copying them needs our approval in written form.
We reserve deviations from each agreed service or promise provided that the deviation happens unintentionally/unexpected (force majeure) or if the deviation is imperatively required and reasonable regarding its range as well as nature. No claims are generated against us due to such deviations. This includes for example prices, deliveries and delivery dates.
We reserve the right to invoice all extra costs, which are generated by our business partner culpably, to them according to the legal regulations, for example fees at delayed payment.
Reservation of proprietary rights
We reserve the ownership in all goods supplied by us until their full payment. This reservation of property also contains all types of this right like expanded property rights (German translation: erweiterter Eigentumsvorbehalt) and extended property rights (German translation: verlängerter Eigentumsvorbehalt), which is herewith agreed.
Technical modifications, deviations from samples or of former consignments we reserve. Considerable deviations will only constitute a claim to withdraw from the contract or to receive replacements, they do not constitute claims for any indemnification or loss of profit whatsoever.
In connection with weights and measurements we reserve the right to deviate by up to 10 % upwards or downwards, as is determined by the nature of the individual product.
Jurisdiction, place of performance and payment is 37154 Northeim, Germany without reservation and exception.
Our condition of sales are valid in every case without exception, even then, if they are excluded or not accepted by other parties. Other conditions, conditions which are different from ours, conditions from other parties etc. are only accepted by us if we have confirmed them in written in advance.
If a clause of this condition of sale is or becomes void regarding the legal sense, then the other clauses continue to be valid.
For all business processes of Elstein-Werk only German law and the Incoterms 2000 are valid. This also applies, if a case is not mentioned in our conditions of sale or if it can be defined as unclear or controversial.
Other rights are always excluded, for example the UN purchasing law, even then, if the purchase order comes from a foreign country or if we supply to a foreign country.