General terms of business and Data Protection

General terms of business :

"Liability for the impossibility of delivery or delays in delivery due to the effects of the Corona-Virus-Pandemic is excluded."

Our tenders and deliveries are governed by the following conditions. Any other agreements shall be made in writing and shall only become binding for us after our express approval has been given in writing. Should any of these conditions be modified or become invalid this shall not affect the validity of the other conditions. Verbal sub-agreements are invalid.

1. Tender and Contract

Our tenders are always subject to change and our quotations are not binding. A contract shall only be considered accepted when we have confirmed it in writing. The customer shall be deemed to have accepted these conditions if he does not submit an objection on receipt of the order confirmation. The volume of the scope of the delivery is defined solely by our written order confirmation. Later modifications are only valid if we confirm these in writing.

2. Price

Our prices are ex works Beckum plus Value Added Tax (within national territory). If no special shipping specifications exist we shall select the type and route of the delivery. Packaging, freight, postage, custom duties and insurance shall be charged to the customer. Insurance shall only be taken out if expressly requested by the customer. We reserve the right to make price changes.

3. Delivery

Delivery is ex works Beckum. The period of delivery begins with the dispatch of the order confirmation but not before the complete clarification of all points of the order. All delivery times are approximate. Any claims resulting from delayed deliveries are excluded unless we are guilty of gross negligence which the customer must prove. In the event of operational problems for us or for our suppliers or acts of God we are entitled to extend the delivery period for a reasonable time and shall be wholly or partially freed from the obligation to deliver in the event of unforeseen circumstances. Acts of God are equivalent to circumstances which we are unable to influence that make delivery unreasonably difficult or impossible. The risk passes to the customer on handing over the goods to the transporting company or haulage contractor.

4. Payment

Payment shall be made in accordance with the terms and conditions of payment which are stipulated in the order confirmation. Should the specified time allowed for payment be exceeded we reserve the right to charge the customer interest of 4% above the discount rate of the Central European Bank or our effective rate of interest for our own credits. The withholding of payments by the customer due to any counterclaims or the offsetting of any such claims is excluded apart from recognised or legally binding debts.

5. Warranty

Notification of defects and complaints shall be made in writing immediately, or at the latest within 10 days, after the delivery has been received at the point of delivery. Cases of hidden defects shall be governed by the statutory conditions. We provide warranty within 12 months, however we are entitled to either repair or replace the defective product. We have the right to try to repair or replace the defective product at least twice. Only then may the customer demand that the contract be rescinded in accordance with the statutory regulations. Any other warranty claims are excluded. Claims shall not be recognised if the customer or a third party carries out any type of alterations or repairs to the product without our prior written consent. For legitimate notifications of defects and warranty cases we are entitled at our own discretion to either replace the delivery at the prices which were valid at the time of the complaint or to rectify the defect. Defective goods may only be returned to us by the customer with our express approval and at the customers cost and risk. The notification of the defect does not release the customer from his obligation to pay.

6. Liability

We are liable within the scope of the statutory regulations for intent, gross negligence by legal representatives or executive members of staff and for culpable infringement of important contractual obligations by these or other members of staff. We are not liable for the infringement of unimportant contractual obligations by other members of staff. In these cases the statutory period for all claims shall be limited to two years from the time of the infringement of the contract and we are not liable fo

7. Reservation of title

The delivered goods shall remain our property until such time as all our claims resulting from the business relationship have been settled completely. The customer is our depository. If the goods are resold or processed, which may only be undertaken in the course of normal business, the buyer shall hereby assign to us any claims arising from the resale or processing of the goods. If the buyer meets his payment obligations to us he is entitled to assume the assigned claims. At our request the buyer shall give us exact information about the further use or processing of the goods delivered by us and about the resulting demands for payment. The customer is not entitled to pledge the goods or transfer them by way of security without our written authorisation. We shall be notified immediately by the buyer by means of a copy of the relevant documents of any pledges or other impairment of these reserved goods by a third party or the assigned claims from resale or processing.8. Place of Performance and _legal Venue The place of performance for all claims resulting from the legal relationship is Beckum. The legal venue for disputes about the law of exchange and the law of cheques is also Beckum. The applicable law is the law of the Federal Republic of Germany. The application of UN Purchasing law is excluded. For foreign contractual partners we reserve the right to prosecute at their legal venue and/or apply the law applicable in their country.

Data Protection

the company

Eckardt & Sohn GmbH, Schlenkhoffsweg 10, 59269 Beckum and the offices

Version 3/2018

The protection of personal data and their confidential treatment is a great concern of our visitors. Eckardt & Sohn GmbH is aware of that. In the following, we would like to briefly outline what information we collect and how we handle it.

Our security policy on our websites :

- We do not store any user profiles (personal data - except for values entered by you in forms)

- We do not store any data on your computer (no cookies (except in the shop) or similar)

- We do not share any information (except it is necessary to fulfill your requests)

- We do not use any techniques that may cause damage on your computer (Active-X, etc.)

I. Updating this Privacy Policy

II. Type of information collected

III. Duration of storage and deletion

IV. Cookies

V. Disclosure to third parties

I. Updating this Privacy Policy

Due to constant technical and legal changes, we have to change or update the following privacy policy from time to time. Before each use for our website, you should therefore check whether a new version has been posted on the website.

II. Type of information collected

The Eckardt & Sohn GmbH does not create user profiles. We collect collective data, i. data on the number of visitors to our website and the pages they visit. Specifically, each time it retrieves the name of the file, the data and time of the retrieval, the amount of data transferred and a message as to whether the retrieval was succesful. This information provides information about general interests and about the preferences of our visitors. The data are not personal, but only more general, statistical nature. So we can not understand which user has retrieved which data. In addition, we automatically collect and store information transmitted by your browser, in particular your IP address and the version of your browser software. This data is a basic building block of the technology underlying the Internet and collected solely for purposes of system administration and the correct transmission of our pages. If you send e-mails to us or request informational material elsewhere, we kindly ask you to provide your name, address, function and e-mail address. We store this data. Please not that not all information is required, so you can largely decide for yourself which information you entrust to us. We require the mandatory information in order to fulfill the services for which you ask us. All data is stored separatly or processed and never merged.

III. Duration of storage and deletion

Personal data (that is, values entered by you in forms) will be stored for a maximum of 10 years or until performance of the service requested by you. Of course, you always have the option of requesting the deletion of all or part of your data. We will fulfill this wish without delay.

IV. Cookies

The Eckardt & Sohn GmbH waives cookies on all websites and subdomains for your security. Only in the shop these files are necessarily used, but they are neither evaluated nor processed by us. Cookies are small text files that can be stored on the hard drive of a visitor to websites. They allow you to make personal settings on the website. By means of these files the visitor behaviour can be tracked, in particular which sides are visited. Most browsers automatically accept cookies, but some are configured so that they do not accept them, or at least point out when a cookie is sent to them.

V. Disclosure to third parties

The Eckardt & Sohn GmbH does not pass on the collected data to third parties, in particular, these are not sold, rented or exchanged. Only if we use subcontractors or vicarious agents to carry out the services you want to use that require this data do we transfer the data to the extent required. In this case we oblige our partners to threat the data confidentially according to the legal regulations and to delete them immediately as soon as they are not longer needed. However , please understand that we can not fully monitor compliance with this obligation, so we assume no liability for any breaches.