ENITOR
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Legal information
B2B version: These General Terms and Conditions apply exclusively to entrepreneurs, legal entities under public law and special funds under public law.
Language notice: This English translation is provided for convenience only. The German version is the sole authoritative and legally binding version.
ENITOR Aich Metallbau GmbH, Stöcklenstraße 3, 89597 Munderkingen, Germany
Our offers are based on the following General Terms and Conditions (GTC). Contracts are concluded subject to these GTC. Deviations, in particular terms of our contractual partners, are valid only if confirmed by us in writing in advance. Our GTC apply to all present and future contracts with our contractual partners.
Dimensions, weights and similar information in offers and price lists are approximate. Design changes serving technical improvements are reserved. Unless stated otherwise, the specified standard dimensions apply, in particular those for the fork pockets of forklift attachments. Our offers are non-binding. We remain bound by offers for four weeks. The applicable VAT is payable for domestic transactions. All machinery and interchangeable equipment in our product range are supplied with CE marking and a declaration of conformity unless otherwise agreed with the customer.
Orders, verbal agreements and amendments are valid only if confirmed or subsequently confirmed by us in writing. By placing an order or accepting the order confirmation, the buyer accepts our terms unless we expressly acknowledge other terms in writing. If individual provisions cease to apply because of such additional agreements or other circumstances, the remaining provisions remain valid. Objections to our order confirmation must be made in writing within three working days. We reserve the right to correct obvious errors in our order confirmations or invoices.
Delivery periods will be met wherever possible. If delivery is not made on the agreed date, the customer may withdraw from the contract after a reasonable grace period has expired without result. Claims for damages are excluded except in cases of gross fault. The delivery date is the date on which the goods are ready for dispatch.
Our goods are dispatched by freight carrier ex works at the customer's cost and risk. We accept no liability for transport damage or missing parts. Incomplete shipments or transport damage must be reported and asserted against the freight carrier in writing immediately upon receipt.
Notices of defects must be made in writing within eight days of receipt. The customer must inspect the delivery immediately upon receipt. Later complaints are excluded and will not be accepted. The customer may demand only rectification of the defect at our expense, but not rescission, reduction or damages. Only if rectification or replacement delivery fails may the customer demand a reduction of the purchase price or rescission of the purchase. Our liability for warranted characteristics under Sections 463, 480(2) and 635 BGB remains unaffected.
Equipment is painted in standard blue (RAL 5015) unless otherwise agreed. The finish serves as corrosion protection and does not satisfy requirements concerning gloss or visual appearance. The surface treatment does not justify a complaint if it fulfils the required protective function. Visual imperfections and technically unavoidable colour variations must be accepted as appropriate to the nature of the equipment.
Custom-made products are generally excluded from exchange.
Safety devices, in particular anti-slip protection and protection of the lever against unintentional release during forklift operation, must be used. The customer is responsible for this. The operating instructions must be given to the user and followed.
Unless otherwise agreed, payment is due within ten days of the invoice date (= date of dispatch) with a 2% discount or within 30 days net.
Depending on the scope and type of the order, withdrawal from the contract by the customer entitles us to a cancellation charge of at least 20% of the order value.
The warranty period for normal use is one year.
We retain title to the delivered goods until full payment, including ancillary costs. If the customer defaults on payment, we are entitled to recover unpaid goods without setting a further deadline. The customer permits all acts necessary for recovery, including entry to the location of the goods. If the customer processes the goods with items belonging to third parties, we acquire co-ownership under Sections 947 and 948 BGB. The item is deemed reserved goods within the meaning of these GTC. In processing the goods, the customer acts on our behalf and acquires no claims against us from that activity. As security for our claims, in the event of resale the customer assigns to us in advance all claims arising from the resale of goods in which we hold ownership or co-ownership, together with ancillary and security rights including bills of exchange and cheques. We accept the assignment. The assignment is limited to the share corresponding to our co-ownership. The customer may dispose of goods owned or co-owned by us in the ordinary course of business and collect assigned claims provided and for as long as it ensures that it can duly meet its obligations to us. The customer may create security interests, pledges or assignments, including by factoring, only with our written consent. If the customer holds funds collected on assigned claims, it must surrender them on request. Seizures or other creditor access to goods owned or co-owned by us or to assigned claims must be reported to us immediately.
Recovery of goods owned or co-owned by us constitutes withdrawal from the contract only if confirmed by us in writing. The customer must keep all goods owned or co-owned by us with due care and insure them against all conceivable risks. The customer assigns claims against those insurers to us in advance. We accept this assignment.
The place of performance for delivery and payment is D-89597 Munderkingen. Depending on the amount in dispute, the Ehingen Local Court or Ulm Regional Court shall have jurisdiction for all disputes where the buyer is a merchant or a legal entity under public law. The above jurisdiction also applies to non-merchants and contractual partners without a general place of jurisdiction in the Federal Republic of Germany.