Terms and Conditions
the ERET Tortechnik GmbH

I Scope

1. The terms and conditions of the ERET Tortechnik  GmbH apply exclusively;conflicting or differing from these terms and conditions of the contractual partner does not recognize the ERET Tortechnik GmbH, unless they have expressly agreed to their validity.
2. These Terms and Conditions shall also apply if the Funicular Cars J-gate technology GmbH services without reservation in the knowledge of conflicting or differing from these terms and conditions of its contract partner.
3. All agreements, which differ from the printed or written text of the contract, must be in writing. Other variations and additions are only part of the contract, if confirmed in writing by the ERET Tortechnik GmbH.
4. The terms and conditions also apply to all future transactions with the counterparty. The ERET Tortechnik GmbH is entitled to bring their products a company or other identifier.


1. Until the order is accepted our offers are subject to change.
2. Orders are not binding until confirmed by us.
3. The information and illustrations contained in brochures and catalogs are industry standard approximate, unless they are expressly designated by us as binding.

III drawings, samples and descriptions

1. If a contracting party to the other drawings or technical documents relating to the deliverable product / goods or its manufacture are available, these remain the property of the contract partner submitting.
2. illustrations, drawings, calculations and other documents, the ERET Tortechnik  GmbH reserves its copyright; the documents may not be made available to third parties.
3. The cost of producing a pattern will, unless otherwise agreed, paid for separately.
4. Set the Contracting Party ERET Tortechnik GmbH during the production phase of the pattern of cooperation or terminates, all go by then the cost incurred at his expense.

IV Prices

1. Our prices are in euros, net, ie excluding VAT, packing, freight, postage and insurance.
2. Sales tax is computed and shown separately at the time of effecting the performance.
3. The deduction of discount requires a special agreement. If a discount is offered by the agreement Eret GmbH, a deduction is allowed only in compliance with the conditions specified therein and in the extent specified therein.
4. For contracts with a term of more than 4 months, the Funicular Cars J-gate technology GmbH reserves the right to make a reasonable price adjustment at an above-average increase in material and production costs.

V Packaging and Delivery

1. Unless otherwise agreed, we deliver “ex works”.
2. The choice of packaging (boxes, crates, etc.) is done by us as appropriate and will be charged at cost to the contractor.

VI delivery and passing of risk

1. notified as being ready for shipment shall be by the contractual partner immediately.Otherwise, how are entitled to ship the goods to his own choice or to store them at the expense and risk of the contractor.
2. Unless otherwise agreed selects the ERET Tortechnik GmbH, the transportation and the transportation.
3. With the transfer to the railway, the shipper or freight carrier, or on commencement of storage, but no later than upon leaving the factory or warehouse, the risk is transferred to the contractor even if the Funicular Cars J-gate technology GmbH has undertaken delivery.

VII delivery date and delivery deadlines

1. Delivery dates are only binding if they are confirmed in writing by the ERET Tortechnik GmbH. Information with “about”, “against”; etc. do not denote a binding dates and deadlines, but give only the expected delivery date to.
2. The meeting delivery schedules or deadlines presupposes the timely receipt of all by the contractor documents to be provided, approvals, plans and agreed terms of payment and fulfillment of other obligations of cooperation of the contractor.
3. The delivery period begins upon receipt of approved and released by the contractor approval designations or after the receipt of the authorized and approved by the contracting party approval drawings or after the receipt of the authorized and approved by the Contracting Party oversize.
4. The delivery period shall be extended accordingly in case of unforeseen and or or through no fault of the Funicular Cars J-gate technology GmbH obstacles so far as it was proven on the completion and delivery of the goods or or of influence.
5. When strikes or requested by the professional association of employer lockouts – even our suppliers – also enters a reasonable extension of time.

VIII delay in delivery

1. For the start of assembly is provided that all the preparatory work and contribution obligations of the contractor, ie in particular obtaining all planning permits are met.
2. If the delivery is due to force majeure and or or by an act or omission of the contractor is delayed, occurs in the circumstances reasonable extension of the delivery period.
3. The contractor shall only be entitled to withdraw from the contract if we are responsible for non-compliance of the delivery date and it has allowed us a reasonable grace period.

IX assembly, safety and tools

1. For the start of assembly is provided that all the preparatory work and contribution obligations of the contractor, ie in particular obtaining all planning approval have been met.
2. A proper and professional installation is only possible when unobstructed access / access the site.
3. The contractor is obliged to ensure the safety of the work / assembly area and for observing existing safety and for decent working and mounting conditions.
4. The contractor shall at his own cost for technical assistance. This relates in particular to the navigability of the site, accessibility and road safety of the installation location, the position of an electrical connection (400/230 V) max. 25 m to the mounting location and the short-term provision of forklifts and lift.

X decrease

1. With the decrease in the price-performance risk is transferred to the contractor. Inspection shall be carried out immediately after completion of displayed either by the party itself or by authorized personnel. This also applies to partial services.
2. Are the products of the Funicular Cars J-gate technology GmbH taken in whole or in part, is operating and or or in use, the acceptance is effective at the expiration of 14 calendar days since commissioning and putting as is done (decrease fiction).

XI deficiencies

1. The Funicular Cars J-gate technology GmbH is responsible for the proper condition and function of their products.
2. The condition is generally based on the agreements reached. If the Funicular Cars J-gate technology GmbH to deliver under the given drawings, specifications, samples etc. its contractor, this assumes the risk of fitness for the intended use. Decisive for the contractual condition of Gewerkes is the date of transfer of risk.

XII warranty

1. If, in spite of all due care, the delivered product has a defect that is already present at the time of transfer of risk, subject to timely notice of defect, the choice of the Funicular Cars J-gate technology GmbH or sent a replacement. It must always be given the ERET Tortechnik GmbH opportunity to remedy within a reasonable time.
2. If the remedy fails, the contractor may – without prejudice to any claims for damages – withdraw from the contract or reduce the payment.
3. The warranty does not include minor deviation from the agreed quality, of only minor impairment of usefulness. Natural wear and tear and damage caused by the transfer of risk from faulty or negligent handling, excessive strain, unsuitable equipment, defective construction work, unsuitable building or special external influences which are not assumed under the contract. Be performed by the contractor or third party improper repairs or modifications, as there are no claims for these and the resulting consequences.
4. Claims of the contractor because of the need for subsequent performance, in particular transport, travel, labor and material costs are excluded if the expenses increase because the products supplied by the ERET Tortechnik GmbH subsequently moved to a different location have been spent than the premises of the contractor, unless the transfer is in accordance with its intended use.

XIII Limitation of Liability

1. Unless stated otherwise below, other and further claims by the Party against the Funicular Cars J-gate technology GmbH are excluded. Therefore, the Funicular Cars J-gate technology is not liable for damages not caused to the goods themselves. In particular, they shall not be liable for lost profits or other financial damages to the other party.
2. The above limitations will not apply in cases of intent or gross negligence of the legal representatives or officers of the Funicular Cars J-gate technology GmbH, and culpable violations of essential contractual obligations. In case of culpable violation of essential contractual obligations ERET Tortechnik GmbH is liable – except and in cases of intent or gross negligence of its legal representatives or senior employees – only for the typical, reasonably foreseeable damage.
3. The limitation of liability shall not apply in cases in which liability under the Product Liability Act in the delivered product defects for personal injury or damage to private items. It also does not apply to injury to life, body and health and lack of assured properties if and when the warranty was intended to cover the contracting party against damage not caused to the product supplied.
4. If the liability is excluded or limited, this also applies to the personal liability of our employees, workers, employees, legal representatives and agents.

XIV compensation and retention

The contractor of ERET Tortechnik Company reserves the right to offset only if his counterclaims have been legally established or are undisputed. To exercise a lien, the contractor is only insofar as his counterclaim is based on the same contractual relationship

XV Force Majeure

Acts of God, labor disputes, riots, official measures, absence of deliveries from our suppliers and other unforeseeable, unavoidable and serious results release the parties for the duration and to the extent of their effect on the performance of duties. This also applies if these events occur at a time in which the affected party is in default. The contracting parties are obliged to immediately provide the necessary information within reasonable limits and to adapt their obligations to the changed circumstances in good faith.

XVI Performance, Jurisdiction and Applicable Law

1. This HIDE and all legal relations of the parties are subject to the laws of the Federal Republic of Germany, excluding the UN Sales Convention (CISG).
2. Place of performance and jurisdiction for all disputes arising out of to this Treaty is our registered office, unless stated otherwise in the order confirmation.
3. For all legal disputes, including bills of exchange and checks, is our principal place of business status, if the other party merchant, a legal entity under public law or a public special fund. We are also entitled to sue at the contractor.
4. Changes and additions to this Agreement must be in writing. This also applies to any change of this clause. Oral side agreements have been made.
5. If any provision of this Agreement be or become invalid or contain a loophole, the remaining provisions shall remain unaffected.