General Terms and Conditions
General Terms and Conditions of Eing Textilveredlung und Handelsgesellschaft mbH & Co.KG
Section 1 General information/scope
1. The following Terms and Conditions apply to all agreements entered into between the customer and ourselves. They shall also apply to all future business relations even if they are not expressly agreed upon again.
2. Unless expressly accepted by us, any customer conditions that deviate from these Terms and Conditions shall be non-binding for us, even if we do not object to them explicitly. The following Terms and Conditions shall also apply if, having been notified that the customer has conditions that contradict or deviate from our Terms and Conditions, we still unreservedly process the customer’s order.
3. Providing they do not contradict the following General Terms and Conditions, the following shall also apply cumulatively in the latest version and together with supplementary provisions:
- The conditions of the Deutsche Garnkontrakt (German Yarn Contract)
- The Einheitsbedingungen für Textilveredlungsaufträge (Standard Conditions for Textile Finishing Orders)
- The Einheitsbedingungen der deutschen Textilindustrie (Standard Conditions for the German Textile Industry)
Should the three aforementioned regulatory texts contradict one another in a specific case, the regulatory text that most closely reflects the contractual arrangement used in the specific case shall take precedence. The aforementioned conditions can be sent to the customer upon request. They can also be viewed in our company.
4. All agreements that have been made between us and the customer for the purpose of executing contracts are recorded in writing in the contracts.
Section 2 Terms of payment
1. Discount deductions are only permissible subject to a special written agreement between us and the customer.
2. Should interest rates, commodity taxes or other duties change after the Agreement has been entered into, we reserve the right to correspondingly alter the price of goods yet to be delivered.
Section 3 Warranty
1. Any goods inspection and defect marking conducted by us internally at the factory do not constitute an assurance or guarantee that the goods can be processed without inspection and do not relieve the customer from the obligation to inspect the goods and give notice of defects.
2. In the case of grey fabrics or yarns, coloured and bleached fabrics or yarns as well as special spun yarns and twines, we reserve the right to deviate slightly from the quantity ordered. Such deviations do not represent grounds for complaint. The commercial basis is that the raw material purchased to cover the order is supplied to the seller as contractually agreed.
3. If product defects are only identified after the product has been processed, warranty claims amounting to more than a reasonable price reduction are excluded. If deliveries contain more than 5% of the second choice per colour direction, no print fee shall be charged for printed goods. For deliveries where less than 5% of the goods are defective, there are no grounds for complaint about the entire delivery.
Valid as of: 01/09/2008