Ehlert Logo

Gustav Ehlert GmbH & Co. KG 


I. Validity of the Conditions 

  1. Our following terms and conditions shall apply exclusively to all contracts with the purchaser. They apply to all - also future - contracts with the purchaser, even if they are not expressly agreed again. Any provisions deviating from the content of these terms and conditions shall require our written confirmation. Any terms and conditions of business of the purchaser which we do not accept in writing shall not be binding on us. An express objection is not required. 

  2. Individual agreements with the purchaser - provided they are made in writing - shall take precedence over these terms and conditions. Legally relevant declarations and notifications which the purchaser has to submit to us after conclusion of the contract (e.g. setting of deadlines, notifications of defects) shall also require the written form. The written form shall be complied with by the text form. 

  3. These General Terms and Conditions shall only apply if the purchaser is an entrepreneur as defined by s. 14 BGB (German Civil Code). 

II. Offers, Quality of Goods, Scope of Delivery 

  1. Our offers are subject to change. 

  2. The documents belonging to our offers, such as illustrations, drawings, weights and dimensions, are only approximate unless we expressly designate them as binding. We reserve the property rights and copyrights to cost estimates, drawings and other documents as well as data irrespective of the form in which they are embodied. These documents may not be made accessible to third parties without our consent. 

  3. The products delivered by us are in conformity with the contract and free of defects if they have the quality specified in our order confirmation, the product specification or the declaration of conformity. Further quality characteristics and quality requirements are to be agreed upon in writing between the purchaser and us. Notwithstanding this, all products offered by us comply with the legal requirements applicable in the Federal Republic of Germany. We shall only be liable for the usability of the products abroad if this has been expressly agreed with the purchaser. We point out that the natural products offered by us are subject to natural variations. However, this does not constitute a product defect. 

  4. Our order confirmation alone shall be decisive for the scope of delivery. Partial deliveries are permissible insofar as this is reasonable for the purchaser. 

  5. The purchaser may only assign claims against us to third parties with our consent. This shall not apply to the purchaser's claims for payment against us. 

III. Prices and Terms of Payment 

  1. Prices are net prices plus value added tax. Unless otherwise agreed, prices for deliveries are ex works without packaging. 

  2. The terms of payment are determined by our order confirmation. 

  3. Price adjustments are permissible if we can prove that cost increases for which we are not responsible - such as for raw materials - have occurred after conclusion of the contract. 

  4. The assertion of rights of set-off and retention by the customer is only permissible with undisputed or legally established claims. 

IV. Delivery Time 

  1. The deadlines agreed in the order confirmation or otherwise with the purchaser shall be decisive. Compliance with these deadlines shall be conditional upon the timely receipt of all documents to be supplied by the purchaser and compliance with the agreed terms of payment and other obligations. If these prerequisites are not met in time, the deadline shall be extended by the duration of the delay. 

  2. In the case of deliveries, the deadline shall be deemed to have been met if the ready-for-use consignment is dispatched or collected within this period. If delivery is delayed for reasons for which the purchaser is responsible, the deadline shall be deemed to have been met if notification is given that the goods are ready for dispatch within the agreed period. If the goods ready for dispatch are not retrieved for reasons for which the purchaser is responsible, we shall be entitled to charge a storage fee of 5% of the net invoice amount for each month or part thereof, up to a maximum of 5% of the net value of the goods. We reserve the right to claim a higher amount of costs. 

  3. If we are prevented from fulfilling our obligations due to the occurrence of unforeseeable extraordinary circumstances which we were unable to avert despite exercising reasonable care, regardless of whether they occurred at our plant or at our supplier's plant - e.g. operational disruptions, official interventions, delays in the delivery of essential raw materials, energy supply difficulties, pandemic situations - the period shall be extended by the duration of the impediment if the deliveries or services are not rendered impossible. In the event of impossibility due to the aforementioned circumstances, we shall be released from our obligation. 

  4. The period for delivery shall also be extended to a reasonable extent in the event of strike or lockout. Here, too, we shall be released from the obligation to fulfill the contract if delivery becomes impossible. 

  5. If the delivery time is extended for an unreasonably long period in the above-mentioned cases, the purchaser shall be entitled to withdraw from the contract. The assertion of claims for damages is excluded. 

  6. If the aforementioned circumstances occur at the purchaser, the same legal consequences shall also apply to its acceptance obligation. 

  7. Both contracting parties are obliged to notify the other immediately of any impairments of performance  

V. Rights of the Purchaser in Case of Defects  

  1. Claims of the purchaser due to defects require that the delivery item does not have the contractually agreed quality or, if such a quality has not been agreed, is not suitable for the use presupposed according to the contract or for the usual use. In the case of delivery according to a sample of goods, the product is free of defects if it corresponds to the sample. If we manufacture products according to the purchaser's specifications, they shall be free of defects if they comply with the specifications. We will point out to the purchaser any illegalities in the specifications. 

  2. We hereby assign our claims against suppliers of essential third-party products to the purchaser. The purchaser may only hold us liable for defects of essential third-party products if a prior out-of-court claim against the third-party suppliers was unsuccessful. 

  3. In the event of justified notices of defect, we shall have the right, within a reasonable period of at least 10 working days, at our discretion, to rectify the defect or to supply a replacement. If the subsequent performance fails, the purchaser may reduce the price or - if the lack of conformity is not only minor - withdraw from the contract. In addition, he shall be entitled to claim damages or reimbursement of expenses, if applicable. If the purchaser withdraws from the contract, he shall return the delivery item to us and - irrespective of any other claims - pay a reasonable fee for the period of use in the amount of the usual rent. 

  4. Claims of the purchaser for expenses incurred for the purpose of supplementary performance, in particular transport, travel, labor and material costs, shall be excluded to the extent that expenses are increased because the delivery item has subsequently been taken by the purchaser or a third party to a place other than the place of delivery, unless such transfer is in accordance with the intended use of the delivery item or was agreed with us upon conclusion of the contract. 

    Transport costs incurred in the course of subsequent performance shall be borne by the purchaser. 

  5. Claims of the purchaser based on defects shall become statute-barred after 12 months beginning with the handover of the delivery item. This shall not apply if longer periods are prescribed by law in §§ 438 section 1 no. 2, 445b BGB and 479 section 1. 

  6. Claims for damages due to defects are limited as follows: We shall not be liable in the event of a slightly negligent breach of immaterial contractual obligations. Our liability for consequential harm caused by a defect is excluded except in the case of intent, gross negligence or breach of essential contractual obligations. Insofar as we are liable for consequential harm caused by a defect, liability shall be limited to foreseeable damage not attributable to extraordinary circumstances. 

    Essential contractual obligations are those whose fulfillment is a prerequisite for the proper performance of the contract and on whose fulfillment the purchaser may rely. 

    The burden of proof of the circumstances justifying a limitation of liability lies with us. 

  7. The foregoing limitation of liability shall not limit any claims of the purchaser based on bodily injury or damage to health attributable to us or in the event of loss of life of the purchaser or his vicarious agents. Also unaffected are the claims of the purchaser under the Product Liability Act and claims in the event of a guarantee given by us as well as in the event of fraudulent concealment of a defect. With regard to these claims, the statutory limitation periods shall apply. 

VI. Limitation of Liability, Compensation 

  1. The following limitations apply to our contractual and non-contractual (tortious) liability as well as to liability due to culpa in contrahendo. The burden of proof for the limitation of liability or facts justifying an exclusion of liability lies with us. 

  2. We shall not be liable for the slightly negligent breach of immaterial contractual obligations. In the event of a slightly negligent breach of essential contractual obligations, the claim for damages shall be limited to the foreseeable damage typical for the contract. In the event of a grossly negligent breach of non-essential contractual obligations, we shall be liable for the foreseeable damage typical of the contract. In all other respects our liability shall not be limited. In the event of a slightly negligent breach of duty due to default, our liability shall be limited to 5% of the agreed net price. Essential contractual obligations are those whose fulfillment is a prerequisite for the proper performance of the contract and on whose fulfillment the purchaser may rely. 

  3. A limitation of liability shall not apply insofar as we are liable for injury to life, limb or health. 

  4. Any claims of the purchaser under the Product Liability Act shall not be affected by the above limitations of liability. 

  5. With regard to the statute of limitations, Clauses V. 6, V. 8 shall apply accordingly. 

VII. Reservation of Ownership

  1. The delivered goods remain our property until full payment of the agreed price including all claims arising from the business relationship and future claims.

VIII. Place of performance, Place of Jurisdiction and Applicable Law  

  1. The place of performance for all obligations arising from the contractual relationship is Verl. 

  2. The place of jurisdiction for all disputes arising from the contractual relationship shall be Verl if the purchaser is a merchant, a legal entity under public law or a special fund under public law. However, we shall be free to invoke the court having jurisdiction for the registered office of the purchaser. 

  3. German law shall apply exclusively. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (UN Convention/CISG) is excluded. 

IX. Data protection 

The data protection information on our homepage applies:

Stand Februar 2022