AGB
GENERAL TERMS AND CONDITIONS OF EVN ELECTRONIC COMPONENTS GMBH
- Scope
We deliver exclusively based on the following sales, delivery, and payment conditions. Deviating conditions of the contractual partner are valid only in case of explicit written confirmation by EVN electronic components GmbH (hereinafter referred to as "EVN"). Our General Terms and Conditions also apply to future transactions, even if they are not attached individually in each case.
- Offer and Contract Conclusion
Our offers are non-binding and subject to change. Illustrations, drawings, technical data, weight, performance, dimension, or quantity specifications are only approximate unless explicitly stated as a binding offer. A contract is concluded only when EVN confirms an order from the buyer in writing or by fax. In case of immediate execution of the order, the goods invoice or delivery note is considered the order confirmation. If the customer objects to the content of the order confirmation, they must do so immediately.
- Prices
All prices quoted by EVN are subject to change. The stated prices are net cash ex-warehouse, plus the applicable VAT on the delivery date and a shipping flat rate (*) per package, including packaging and freight insurance, unless these services are explicitly part of our offer and order confirmation. If more than four months elapse between the contract conclusion and the agreed delivery date, the seller is entitled to charge the buyer the list price valid at the time of shipment.
(*) Please refer to our shipping terms for details on our shipping costs. These can be downloaded at: https://evn-components.de/service/
Metal surcharge costs charged by the manufacturer are borne by the buyer. - Payment Terms
Unless otherwise agreed, our invoices are payable within 10 days with a 2% discount or net within 30 days. PC software and hardware products are always payable net within 8 days.Payment is considered made only when the invoice amount has been credited to EVN's account. The same applies to the redemption of checks. If our payment terms are exceeded, we are entitled to charge default interest of 5% above the respective base rate of the Deutsche Bundesbank from the due date. The buyer has the right to prove lesser damage.
In the event of default by the buyer, all claims, including those deferred, become immediately payable in full. If this or other circumstances (e.g., dishonored checks, cessation of payment, bankruptcy filings, etc.) question the buyer's creditworthiness, we are further entitled to make further deliveries and services dependent on advance payments or securities. If the buyer fails to meet their obligations despite written reminders, we may refuse further contract fulfillment.
The buyer can offset claims only if they are undisputed or legally established and may exercise a right of retention only in such cases.
- Delivery and Performance Time
Delivery deadlines and dates specified by us are non-binding unless explicitly agreed as binding. Timely and correct self-supply by our suppliers is reserved. Partial deliveries are permitted and considered as independent transactions if they can be used for the agreed contractual purpose.
Delivery delays are not considered breaches due to events significantly hindering or rendering delivery impossible, such as operational disruptions, force majeure, transport difficulties, strikes, etc., regardless of whether these occur in our operations or those of suppliers or subcontractors. Delivery deadlines are extended for the duration of such events plus a reasonable startup period. If a change in governmental or regulatory import conditions prevents delivery, EVN is entitled to withdraw from the contract. In this case, upon the customer's request, a new contract adapted to the changed conditions may be concluded.The delivery deadlines are considered met if the goods leave the warehouse within the delivery period or on the delivery date, or if EVN hands over the goods to the agreed or selected carrier in such a timely manner that they normally reach the customer on time.
In case of delay by the seller, the buyer may withdraw from the contract after the expiration of a reasonable grace period set by them if the goods are not reported as ready for dispatch by the expiration of the period. The period starts only upon receipt of the buyer's written grace period notification by the seller. - Retention of Title
The goods delivered by us remain our property until the customer has paid all claims existing at the time of the contract conclusion, including any balance existing in a current account at that time. The customer is obliged to inform us upon request of the scope and location of the retained goods still in their possession. In case of seizures, confiscations, or other third-party interventions, the customer must point out our ownership and notify us immediately. If the customer processes the goods with other items not belonging to us, we acquire co-ownership of the new item in the ratio of the value of our goods to the other processed objects at the time of processing. The same applies to the new item as to the retained goods. The customer's claims from further processing, whether without or after processing, are already assigned to us. If such retained goods are sold together with other goods not obtained from us, the assignment of the claim from the resale is valid only to the amount of the delivery price. The customer is entitled to collect claims from the further processing up to our revocation, which is permissible at any time.
We undertake to release the securities due to us upon the customer's request insofar as the value of our securities exceeds the claims to be secured by more than 20%. The basis for calculating the value is the nominal value of the claims in the case of assigned claims or our supplier's invoice in the case of goods.
- Transfer of Risk
All risks pass to the buyer as soon as the goods are handed over to the person or company performing the transport.
- Warranty
It is the customer's responsibility to notify the seller of any complaints immediately. Hidden defects must be reported in writing as soon as they are discovered. Claims for defects become statute-barred no later than one year after acceptance of the goods, unless it is a consumer goods purchase.
If a defect for which we are responsible is present, we are entitled to credit the customer for the reduced value of the goods, take back the goods with credit for the calculated amount, deliver a replacement to the buyer, or remedy the defect. Unless the defective goods have no benefit for the customer, the seller's rights are limited to rectification. After two failed rectifications, the customer can request rescission.
Used items, especially parts that have already been processed in any form, are also excluded from exchange. No warranty exists, among other things, for the usability of the goods for a specific purpose unless this was explicitly agreed in writing, for defects arising after the transfer of risk, e.g., through improper operation (non-compliance with the specified use specifications), damage, or other external influences, in case of late defect notification or to persons other than the customer. If the products we are to deliver are processed by us at the customer's request (e.g., bent or cut connections, tape-and-reel processing, etc.), the above principles apply accordingly. We are responsible for careful processing according to the customer's specifications and the state of processing technology, but not for any effects of processing on the functionality of the product. The customer is responsible for this.
- Liability
Liability for damages not resulting from injury to life, body, or health is excluded in cases of slight negligence. This exclusion of liability also applies to representatives/agents/employees of the seller. Liability is limited to foreseeable damages in the event of a breach of duty. Liability for consequential damages is excluded unless a particular basis of trust is given.
- Place of Performance
The place of performance for delivery and payment is Göppingen for both parties.
- Jurisdiction
The law of the Federal Republic of Germany exclusively applies.
The place of jurisdiction for all disputes arising from this contract is Göppingen.
Should any provision in these terms and conditions be invalid or become invalid, the validity of all other provisions or agreements remains unaffected.