GTC

1. Preface
Erfal’s conditions of delivery and payment form the basis of all orders and deliveries. Any deviating conditions on the part of the customer are not applicable.

2. Conclusion of a contract
The order is a binding offer. In the case of orders made by telephone in particular, the buyer shall bear the risk of the accuracy of the order.
The offer can be accepted either by the consignment of the ordered goods, or in the form of an order confirmation within 4 weeks.

3. Prices
The prices as per the current price lists are applicable. Prices are subject to change. In the case of increases to the statutory value-added tax prior to delivery, Erfal shall be entitled to charge the applicable VAT rate at the time that the service is performed.
Erfal reserves the right to charge freight costs, including the costs for the necessary packaging which are incurred as a result.
For small-volume orders a supplement is levied in accordance with the current price list.
Erfal reserves the right to charge the cost price for any necessary special packaging.

4. Delivery time
Indicated delivery times are non-binding, unless a special agreement has been reached. The delivery time shall be considered to have been met if the delivery object leaves the factory prior to the expiry of the delivery time, or if notice of the readiness of the delivery object for shipment has been given.
The delivery time shall be extended as appropriate in the event of measures taken in the context of industrial disputes, in particular strikes and lock-outs. This also applies when upstream suppliers are affected by similar circumstances. Partial deliveries are permissible, however. Erfal shall not be held accountable for the aforementioned circumstances if they occur in the course of an existing delay. In important cases, Erfal shall inform the buyer of the beginning and end of such obstacles as soon as possible.
If the buyer should incur losses as a result of such a delay which arose as a consequence of the actual fault of Erfal, then he shall be entitled, to the exclusion of further claims, to demand compensation for delay. This compensation shall amount to 0.5% for every week that delivery is delayed; however it shall not exceed 5% of the value of the respective part of the overall delivery which was not delivered on time, due to the delay.

5. Payment
Invoices shall be due for payment within 30 days of the invoice date, without delay.
In the event of a delay, Erfal shall be entitled to charge default interest at a rate of 1% per month. Erfal has the right to provide evidence of greater losses incurred.
Erfal is entitled to charge outstanding interest and costs on incoming payments initially, and then on outstanding receivables.

6. Passing of risk
If the goods are shipped in accordance with the buyer’s wishes, then the risk is passed to the buyer upon dispatch at the latest. If the dispatch should be delayed due to circumstances for which the buyer is responsible, then the risk shall be passed to the buyer from the day that the goods were ready for shipment.

7. Reservation of title
Erfal reserves the right to claim the delivery object as its own property until all payments as per the contract have been received. The buyer must neither pledge the goods, nor assign them as collateral. In the case of seizures or confiscation or other injunctions issued by third parties, the buyer must inform Erfal immediately. The buyer is obliged to resell the goods, where necessary, only under the reservation of title. The buyer hereby cedes to Erfal any outstanding payment claims against the transferee to which he is entitled on the basis of this resale. The buyer is obliged to pass on any payments received from the resale to Erfal.

Any processing or alteration of the goods by the buyer must always be carried out for Erfal. If the goods should be processed or altered with other objects which are not the property of Erfal, then Erfal shall assume the joint ownership of the new item, proportionate to the value of the delivery item as compared with the value of the other altered objects at the time of processing. Erfal undertakes to release the securities to which it is entitled at the request of the buyer in the event that the value of the securities exceeds the outstanding claims by more than 20%.

8. Guarantee
In the case of legitimate complaints for which Erfal is responsible Erfal shall either replace the goods or rectify the defect in the most cost-effective manner, at its own choice.
In the event that the defect is rectified, Erfal is obliged to bear all costs which are incurred for the purpose of rectifying the defect, although this is restricted to transport, infrastructure, labour and material costs, provided that these are not increased by the movement of the goods to a site other than the place of delivery.
If the attempts to rectify the defect should fail, or if Erfal is not prepared, or able, to carry out work to rectify defects, or to provide a replacement delivery, then the buyer is entitled to cancel the contract, or to demand a reduction in the purchase price.
Any other claims on the part of the buyer which go beyond this, in particular claims for damages, including a loss of profit or other financial losses incurred by the buyer, are excluded.
This restriction of liability does not apply if the cause of damage is attributable to wilful intent or gross negligence on the part of Erfal. Moreover, it shall not apply if the buyer asserts claims for damages on the basis of a guaranteed quality.
The statutory defects liability periods are applicable following shipment of the goods. Customary or technically unavoidable deviations in terms of the colour, the weight, the finish or the design in the textiles area et al. do not provide grounds for the rejection of the goods. In the case of recognisable defects, letters of complaint are excluded if processing of the goods has already commenced. Furthermore, complaints must be made within 8 days of delivery. Complaints about hidden defects must be made as soon as they appear.
Normal abrasion and wear parts are excluded from the guarantee.

9. Acceptance of returned goods
Erfal shall decide in individual cases whether to accept returned goods which do not affect the buyer’s warranty claims, but which are attributable, for example, to the incorrect placing of orders. There is no obligation in this regard. A requirement for the acceptance of returned goods is that the return of the goods is agreed with Erfal in advance, and that the goods do not display any signs of damage, and they remain in their original packaging. If Erfal should accept the return of goods then Erfal will charge, in each individual case, a flat handling fee according to the current price list. This will be deducted from the credit to be issued to the buyer. The acceptance of returned goods delivered more than 12 months previously is generally excluded.

10. Supplementary agreements
Verbal agreements or special agreements require confirmation by the management.

11. Place of fulfilment / Legal venue
The place of fulfilment for all obligations arising from this contractual relationship is Falkenstein.
If the buyer is a registered trader, a corporate body under public law or an entity incorporated under public law, and disputes should arise from this contractual relationship, the claim must be brought to the court which is responsible for the headquarters of Erfal. Erfal is also entitled to take legal action at the headquarters of the buyer.

12. Severability clause
If one or more provisions in these terms and conditions of sale should become ineffective, the remaining terms of the contract shall remain unaffected by this. It is incumbent upon the contractual parties to replace the ineffective term with a term of contract which is equivalent to the contractual intent of both parties.

This is a translation of Erfal Erler e.K.'s terms and conditions.
The German-language version shall prevail in application of the content therein.