1. Scope of Application
These General Terms and Conditions (GTC) apply to all business relationships between Evobend GmbH, Am Schmidinger Weiher 3, 83404 Ainring, Germany (hereinafter referred to as "Evobend") and its customers. They apply to both private consumers (B2C) and business customers (B2B). Deviating terms and conditions of the customer are not recognized unless Evobend has explicitly agreed to them in writing.
2. Contract Conclusion
The website of Evobend GmbH serves as a portfolio to provide information about our products and services. A purchase contract is not concluded directly via the website. Customers have the option to submit their contact details through a form to initiate a purchase discussion. The contract is concluded individually via email, telephone, or in person.
3. Prices and Payment Terms
The prices for our machines and systems are calculated individually and depend on factors such as machine type, production phase, demand, and other customer-specific requirements. Payment is made exclusively by bank transfer to our German bank account. The payment terms (e.g., down payment, installment payments, or full payment upon delivery) are specified in the respective purchase agreement.
4. Delivery and Shipping
Shipping is available worldwide. As a standard, we sell our machines on an "ex works" basis (without shipping). Delivery times vary depending on order volume and are typically around six months from receipt of any potential down payment. The exact delivery time is specified individually in the offer.
5. Right of Withdrawal
Consumers (B2C) have the right to withdraw from the purchase contract within 14 days without stating reasons. This does not apply to machines with customized special options manufactured specifically according to customer requirements. Further details on the right of withdrawal will be provided to the customer at the time of contract conclusion.
6. Warranty and Liability
Evobend provides a full 12-month warranty on all brand new EVOBEND GmbH machines. The warranty is void if the machine is used improperly (e.g., used outdoors or in water). Evobend's liability is limited to intent and gross negligence. For slight negligence, Evobend is only liable for breaches of essential contractual obligations (cardinal obligations) and only for foreseeable damages.
7. Retention of Title
The delivered machine remains the property of Evobend GmbH until full payment of the purchase price is made. Upon full payment, ownership transfers to the customer, allowing them to freely use or resell the machine.
8. Jurisdiction and Applicable Law
All legal disputes are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes is the registered office of Evobend GmbH in Traunstein, provided the customer is a business entity or a public law entity.
9. Changes to the GTC
Evobend reserves the right to amend these GTC at any time, provided that such changes are reasonable for the customers. Changes may become necessary due to legal or economic developments. The most current version of the GTC is available on the website. Customers will be informed in a timely manner about significant changes. If the customer does not object within 14 days of notification, the changes are considered accepted.
10. Final Provisions
Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall not be affected. In place of the invalid provision, a legally permissible regulation shall apply that comes as close as possible to the economic purpose of the invalid provision.