Terms and Conditions of Purchase and Delivery

  1. Orders and agreements are only binding if they are issued or confirmed by us in writing. Services for which a written order has not been issued do not oblige us and will not be paid for, even if such services were provided at the request of our staff. These general terms and conditions of purchase and delivery apply to all orders and deliveries, including those that do not relate to a purchase contract.
    By accepting the order, these general terms and conditions of purchase and delivery become part of the contract. The terms of delivery attached to your offer or your order confirmation do not apply even if we do not expressly object to them. Payments or acceptance of services by us do not imply acknowledgment of any sales/delivery conditions of the supplier. Different conditions only apply if and insofar as they are expressly recognized by us in writing.
  2. Unless otherwise agreed, the prices are fixed.
  3. Die vereinbarten Liefertermine sind, höhere Gewalt ausgenommen, verbindlich. Kommen Sie mit Ihrer Leistung in Verzug, sind wir berechtigt, nach unserer Wahl Nachlieferung und Schadensersatz wegen verspäteter Lieferung oder aber statt der Erfüllung Schadensersatz wegen Nichterfüllung zu verlangen oder vom Vertrag zurückzutreten. Für Sie erkennbare Lieferverzögerungen haben Sie uns unverzüglich mitzuteilen.
  4. The agreed delivery dates are binding, with the exception of force majeure. If you are in arrears with your performance, we are entitled, at our discretion, to demand subsequent delivery and damages due to late delivery or instead of fulfillment damages due to non-performance or to withdraw from the contract. You must notify us immediately of any delivery delays that you can identify.
  5. The delivery item must comply with the material specifications specified by us as well as the DIN, VDE and similar regulations. Hazardous substances are to be packaged and labeled in accordance with the applicable laws, and the relevant safety data sheets are to be included in the delivery. Dangerous goods must also be packaged and marked in accordance with the applicable laws, and the dangerous goods classification or, if applicable, the note “not dangerous goods” must be stated on the delivery note.
    The delivery or service is to be carried out in such a way that the legal and official regulations applicable to us at the delivery date, in particular EU directives, the Device Safety Act, accident prevention and other occupational safety regulations as well as the generally recognized safety and occupational health rules are observed.
    The CE mark must be clearly visible and the declaration of conformity must be included in the delivery. Packaging materials should be CFC-free, chlorine-free, chemically inactive, groundwater neutral and non-toxic when burned. You are obliged to remove your waste, packaging, etc. independently and free of charge for us. If you do not comply with this agreement, we will carry out the disposal at your expense without setting a further deadline.
  6. You are liable for the fact that your delivery is free of third-party rights and that your deliveries and your contractual utilization do not infringe any patents or other property rights of third parties at home or abroad.
  7. Shipping documents and invoices must be provided with our order number, the supplier number, the place of delivery and the quantity of material. The individual containers of the delivery must be provided with our product description.
    In the event of non-compliance, we reserve the right to charge you for the costs incurred as a result.

    Unless otherwise agreed, our payments are made with a 3% discount on the first payment date, which is two weeks after receipt of the goods and receipt of the invoice, or after 30 days without any discount deduction.
    Invoices are to be issued stating the order number, supplier number and the name of the employee responsible. In the future, please only use the address rechnung@ersoma.de for sending invoices and credit notes electronically. Please send your invoices and credit notes exclusively to our headquarters, even if the order was placed by one of our branch offices. This address is also to be used as a postal address if you are unable to send us your invoice online. In the case of electronic dispatch, the additional sending of invoices by post is to be avoided.
    Our company address is:
    ERMAFA special machine and plant construction GmbH
    Otto-Schmerbach-Strasse 19
    09117 Chemnitz

    If the goods are received later than the invoice or if the invoice is incomplete, the date of receipt of the goods or the date of receipt of the correct invoice is decisive for calculating the discount period. A delivery/service made before the agreed date does not affect the payment deadlines linked to the contractual date.

  1. The supplier is not entitled to assign his claims against us or to have them collected by third parties without our prior written consent, which may not be unreasonably withheld.
  2. You are aware of the purpose of the contractual service. You guarantee the suitability of the service for the specific purpose. Unless otherwise agreed, the best quality in terms of material and design is deemed to have been agreed.
  3. Warranty and liability are based on the statutory provisions, unless otherwise agreed or otherwise regulated in these terms and conditions. We can also request rectification. The objection of late notification of defects and unconditional acceptance is excluded. In urgent cases or if you do not fulfill your warranty obligations immediately, we are entitled to replace or repair defective parts and to eliminate any damage incurred at your expense. In the event of a replacement delivery or the elimination of defects, the warranty period for the relevant parts begins again.
  4. If claims are made against us for violation of official safety regulations or for other legal reasons under domestic or foreign law, we are entitled, taking into account the principle of good faith, to be reimbursed by the supplier for the damage we have incurred according to the provisions of the provisions applied to us right (principles of liability) insofar as his deliveries or behavior were defective and the cause of the damage, unless the supplier proves that the damage was unavoidable and unforeseeable. In cases where recourse is to be expected, we are prepared to inform the supplier of the claims made against us and the measures we have taken. By acknowledging the receipt of delivery items and by accepting or approving submitted drawings, we do not waive warranty claims and other rights.
  5. Our order and all associated commercial and technical details are to be kept secret by the supplier. The supplier may only refer to the business relationship with us if we have given our consent to this in writing.
  6. The place of performance for the deliveries and services is the receiving point specified by us. Unless otherwise specified, the place of fulfillment is Chemnitz.

    In addition to these general terms and conditions of purchase and delivery, the law of the Federal Republic of Germany applies.
    The ineffectiveness of individual provisions does not otherwise affect the effectiveness of these conditions. Place of jurisdiction is Chemnitz. We can also appeal to the courts responsible for the registered office of your company or those courts before which third parties claim against us for circumstances that are causally related to their deliveries, services and other obligations.

    Status: 01.09.2020