Términos y condiciones

The following provisions (Part A) govern the use of the website of EazyClean Technologies GmbH.

(1) These General Conditions for the Use of the Website apply to the visit and use of the websites, content, functions, contact options, downloads, product presentations and other digital offerings provided under the domains eazyclean.com and associated subdomains by EazyClean Technologies GmbH, Doncaster Platz 5, 45699 Herten, Germany, Germany, represented by the Managing Director Andreas Rusch, registered at the Local Court of Recklinghausen, HRB 6988.

(2) The website is directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law. An offer to consumers is not intended. Where a consumer accesses the website in exceptional cases, this does not constitute a claim to the conclusion of a contract or the applicability of any processes, content or services intended exclusively for commercial users.

(3) Deviating terms and conditions of the user shall not apply unless we have expressly agreed to their validity in writing.

(1) The information, technical specifications, product descriptions, data sheets, application examples, illustrations, videos, white papers, price examples, performance values, availability information and other content provided on this website serve exclusively for general information purposes and do not constitute binding quality specifications, guarantees, assurances or binding offers.

(2) Public statements, advertising claims, presentations on the website, in downloads or in marketing materials shall only become part of the contract if they are expressly confirmed by us in writing.

(3) We reserve the right to change, update, restrict or remove content, functions, technical specifications, product ranges, product designations, designs, texts, images and other components of the website in whole or in part at any time.

(1) We do not owe uninterrupted availability or usability of the website.

(2) Maintenance work, security updates, technical faults, capacity limits, third-party interference, force majeure, failures of telecommunications or hosting infrastructures and other circumstances beyond our control may temporarily or permanently affect the accessibility or functionality of the website.

(3) There is no entitlement to the maintenance of specific functions, content, interfaces, downloads or communication channels.

(1) Use of the website is only permitted within the framework of applicable laws and these conditions.

(2) The following are prohibited in particular: any abusive, unlawful, automated or disruptive use; circumventing or impairing security measures; scraping, crawling, data mining, automated mass access or comparable measures without our prior written consent; using the website or its content to build competing databases, systems, offerings or training datasets; any use of the website that impairs our systems, our rights or the rights of third parties.

(3) We are entitled to restrict access in whole or in part, reject requests, temporarily or permanently block IP addresses or other identifiers, and take any other appropriate measures to prevent misuse.

(1) All content on this website – including texts, images, graphics, logos, trademarks, designs, videos, databases, software, layouts and other presentations – is protected by copyright, trademark law or other legal rights and is the property of EazyClean Technologies GmbH or the respective rights holders.

(2) Without our prior written consent, any reproduction, distribution, public making available, editing, incorporation into databases or other exploitation – in whole or in part – is prohibited.

(3) The display of this website in external frames or the incorporation by means of inline linking is not permitted without written authorisation.

(1) The content of the website has been prepared with care. However, we do not guarantee the accuracy, completeness, currency or constant availability of any content.

(2) We shall only be liable for damages arising from the use of the website in cases of intent or gross negligence. In the event of a breach of material contractual obligations (cardinal obligations), we shall also be liable in cases of slight negligence, but limited to the foreseeable damage typical for the contract.

(3) The above limitations of liability shall not apply to damages arising from injury to life, body or health, or to claims under the Product Liability Act.

(1) This website may contain hyperlinks to third-party websites. The operators of these external sites are solely responsible for their content. We do not guarantee the currency, accuracy, completeness or quality of linked content.

(2) Permanent monitoring of linked pages is unreasonable without concrete indications of a legal violation. If we become aware of any legal violations, we will remove the affected links without delay.

For the processing of personal data in connection with the use of this website, our Privacy Policy applies, which can be accessed via the "Privacy Policy" menu item on this website and applies in addition to these Terms of Use.

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of jurisdiction for all disputes arising from or in connection with the use of this website shall, to the extent permitted by law, be the registered office of EazyClean Technologies GmbH.

(3) Should individual provisions of these Terms of Use be or become invalid, the validity of the remaining provisions shall remain unaffected.

The following provisions (Part B) govern the business relationships between EazyClean Technologies GmbH and its customers.

(1) These General Terms and Conditions of Sale, Delivery and Services (hereinafter "GTC") apply to all – including future – business relationships between EazyClean Technologies GmbH (hereinafter "Contractor" or "we") and the purchaser / client (hereinafter "Customer"). The GTC apply only to entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law.

(2) Deviating, conflicting or supplementary general terms and conditions of the Customer shall only become part of the contract if we have expressly agreed to their applicability in writing. This shall also apply if we render services without reservation while being aware of the Customer's GTC.

(3) Individual agreements made with the Customer on a case-by-case basis (including collateral agreements, amendments and modifications) shall take precedence over these GTC. A written contract or our written confirmation shall be decisive for the content of such agreements.

(1) Our offers are non-binding and without obligation. This also applies to catalogues, technical documentation, data sheets and other documents – including in electronic form – to which our offers refer. We shall be bound by cost estimates for four weeks unless otherwise agreed.

(2) The Customer's order shall constitute a binding offer to enter into a contract. Unless the order indicates otherwise, we are entitled to accept this contractual offer within four weeks of its receipt.

(3) The contract shall be concluded upon our written order confirmation or upon commencement of the performance of the services.

(4) The contractual service shall be determined exclusively by the order confirmation. Oral commitments, collateral agreements or subsequent changes shall require our written confirmation.

(1) The prices stated in our order confirmation shall apply. Unless otherwise agreed, our prices are ex works plus the applicable statutory value-added tax.

(2) If more than four months elapse between the conclusion of the contract and delivery, we shall be entitled to adjust our prices to a reasonable extent in response to interim cost increases (in particular material costs, energy costs, labour costs, transport costs), provided that we notify the Customer in good time before delivery. We shall substantiate the cost increase upon the Customer's request.

(3) Unless otherwise agreed, invoices are payable within 30 days of the invoice date without deduction.

(4) Upon expiry of the payment term, the Customer shall be in default. During the period of default, interest on arrears shall be payable at a rate of 9 percentage points above the respective base rate (§ 288(2) BGB). We reserve the right to claim higher damages for delay.

(5) The Customer shall only be entitled to set-off or retention rights insofar as the Customer's claim has been established by final and binding court judgment, is undisputed or has been acknowledged by us.

(1) Unless otherwise agreed, delivery shall be ex works.

(2) Delivery dates and delivery periods stated by us shall only be binding if they are expressly confirmed by us in writing as binding. Otherwise, they shall constitute non-binding estimates.

(3) If we are unable to meet binding delivery periods for reasons beyond our control (e.g. force majeure, operational disruptions, supplier failure, strikes, official measures, pandemics, shortages of raw materials, energy or transport), the delivery period shall be extended by the duration of the impediment plus a reasonable start-up period. We shall inform the Customer without delay about the impediment and the anticipated new delivery period.

(4) If the impediment lasts longer than three months, either party shall be entitled to withdraw from the contract. Claims for damages by the Customer shall be excluded in this case.

(5) We shall be entitled to make partial deliveries insofar as this is reasonable for the Customer.

(6) If the Customer is in default of acceptance, we shall be entitled to claim reimbursement of the resulting costs (in particular storage costs).

(1) In the case of ex works delivery (EXW), the risk of accidental loss or accidental deterioration of the goods shall pass to the Customer upon provision for collection.

(2) In the case of dispatch, the risk shall pass to the Customer upon handover to the carrier, freight forwarder or other person designated to carry out the shipment.

(3) If dispatch or acceptance is delayed due to a circumstance attributable to the Customer, the risk shall pass to the Customer from the date on which the goods are made available for dispatch or acceptance.

(1) The delivered goods shall remain our property until full payment of all claims arising from the ongoing business relationship (extended retention of title).

(2) The Customer shall be entitled to resell the reserved goods in the ordinary course of business. The Customer hereby assigns to us all claims arising from the resale; we hereby accept this assignment.

(3) In the event of conduct by the Customer that is in breach of contract – in particular in the event of default of payment – we shall be entitled to demand the return of the reserved goods. The repossession of the goods shall not constitute a withdrawal from the contract unless we expressly declare this.

(4) The Customer shall notify us immediately in writing of any seizures or other third-party interventions affecting the reserved goods and shall enclose the third-party debtor declaration.

(1) The quality of the goods shall be determined exclusively by the agreed specification. Public statements, commendations or advertising shall not constitute a quality specification unless they have been agreed in writing as a quality feature.

(2) Obvious defects must be reported in writing immediately upon delivery, at the latest within five working days. Hidden defects must be reported in writing immediately upon discovery. If the defect is not reported in due time, the goods shall be deemed approved.

(3) In the event of justified defect notifications, we shall, at our option, provide repair or replacement delivery (subsequent performance). If two repair attempts fail, the Customer may, at its option, demand a reduction in price or withdraw from the contract.

(4) The limitation period for claims for defects shall be one year from delivery. This shall not apply to claims of the Customer arising from injury to life, body or health or from intentional or grossly negligent breaches of duty.

(1) We shall have unlimited liability for damages arising from injury to life, body or health based on an intentional or negligent breach of duty, as well as for damages under the Product Liability Act.

(2) For all other damages, we shall only be liable in cases of intent and gross negligence. In cases of slight negligence, we shall only be liable for the breach of material contractual obligations (cardinal obligations); in this case, liability shall be limited to the foreseeable damage typical for the contract.

(3) The above limitations of liability shall also apply in favour of our employees, representatives and vicarious agents.

(4) Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.

(1) Force majeure, pandemics, epidemics, official orders, natural disasters, war, terrorism, sabotage, cyber attacks, strikes, lockouts, operational disruptions, energy shortages, raw material shortages, transport failures, supplier failures and other unforeseeable, unavoidable circumstances beyond our control shall release us from our performance obligations for the duration of the disruption and to the extent of its effect.

(2) We shall inform the Customer without delay about the occurrence and the anticipated duration of the disruption.

(3) If the disruption lasts longer than three months, either party shall be entitled to withdraw from the contract. Claims for damages shall be excluded in this case.

(1) The following supplementary provisions shall apply to service, maintenance and repair services. In all other respects, these GTC shall apply accordingly.

(2) The scope of the services shall be determined by the order confirmation, the maintenance agreement or the service protocol. Oral commitments, recommendations or instructions by our technicians shall not give rise to independent contractual obligations unless confirmed in writing.

(3) The Customer shall ensure that our technicians have unimpeded access to the systems and equipment to be maintained or repaired. The Customer shall prepare the work site so that safe and efficient execution of the work is possible.

(4) If it becomes apparent during execution that the scope of services exceeds the commissioned scope (e.g. additional repair requirements), we shall inform the Customer and only carry out the additional work upon the Customer's approval.

(5) Unless otherwise agreed, services shall be invoiced on a time and materials basis at our prevailing hourly rates and material prices. Travel and accommodation costs shall be invoiced separately.

(1) The Customer is obliged to provide us with all relevant information about the systems and equipment to be maintained or repaired before the commencement of work, in particular operating instructions, circuit diagrams, fault descriptions, fault history and information about hazardous substances used or special safety requirements.

(2) The Customer shall ensure that the systems and equipment to be maintained are free of contamination, hazardous substances or other hazards insofar as this is technically possible and reasonable. Otherwise, the Customer shall inform us before the commencement of work.

(3) If the Customer breaches these obligations, the Customer shall be liable for any resulting damages and shall indemnify us against third-party claims.

(1) A warranty period of six months from acceptance of the service shall apply to service and repair work.

(2) The warranty shall extend exclusively to the work performed by us. We shall not provide any warranty for defects attributable to wear and tear, improper operation, failure to carry out maintenance by the Customer, third-party interference or other circumstances beyond our control.

(3) The Customer shall notify defects in writing immediately upon discovery. In the event of a justified defect notification, we shall, at our option, provide repair or replacement service.

(1) Unless otherwise agreed, maintenance agreements shall have a minimum term of 12 months and shall be automatically renewed for further periods of 12 months unless terminated in writing with three months' notice prior to the end of the respective contract term.

(2) We shall be entitled to adjust the remuneration for maintenance agreements once a year to a reasonable extent. The adjustment shall be communicated to the Customer no later than three months before it takes effect. If the adjustment is unreasonable, the Customer shall have a special right of termination.

(1) Where the subject matter of the contract is the sale of used machinery or equipment, delivery shall be made with the exclusion of any warranty for material defects, to the extent permitted by law.

(2) This exclusion shall not apply to claims arising from injury to life, body or health or to fraudulently concealed defects.

(3) Used machinery and equipment shall be sold in the condition in which they are at the time of the conclusion of the contract. A specific quality, functionality or fitness for a particular purpose shall only be owed if this has been expressly agreed in writing.

(1) Insofar as our services include software, firmware, digital controls or other digital content, we grant the Customer a simple, non-transferable, non-sublicensable right of use for the contractual use.

(2) The source code shall not be disclosed unless otherwise agreed in writing.

(3) Updates, upgrades and patches shall only be owed insofar as this has been expressly agreed.

(1) Both parties undertake to treat as confidential all confidential information of the other party obtained in the course of the business relationship (including technical, commercial and financial information, offers, prices, calculations, drawings, technical specifications) and to use it only for the purposes of performing the contract.

(2) This obligation shall not apply to information that is or becomes publicly known, that was already known to the recipient, that the recipient received from an authorised third party or that must be disclosed due to a legal obligation.

(3) The confidentiality obligation shall continue for a period of three years beyond the termination of the contractual relationship.

(1) The Customer shall be obliged to comply with all applicable national and international export control regulations and embargo rules.

(2) The Customer shall not resell, export or otherwise transfer goods, software, technology and services delivered by us to sanctioned countries or to sanctioned persons and entities without the required licences.

(3) The Customer shall promptly provide us upon request with all information relevant for export control (end-use certificates, end users, intended purpose).

(1) Both parties undertake to comply with all applicable legal provisions, in particular anti-corruption laws, antitrust law, anti-money laundering regulations and the German Supply Chain Due Diligence Act (LkSG).

(2) The Customer warrants that it will not grant any advantages to public officials or business partners in the performance of the contract that are likely to improperly influence decisions.

(3) In the event of a material breach of these provisions, we shall be entitled to terminate the contract without notice.

(1) We undertake to comply with applicable environmental protection regulations in the provision of our services.

(2) The Customer shall be responsible for the proper disposal of old equipment, consumables and packaging in accordance with the applicable regulations, unless otherwise agreed in writing.

(1) Both parties shall process personal data transmitted in the course of the business relationship exclusively for the purpose of contract performance and in compliance with applicable data protection regulations, in particular the GDPR and the BDSG (German Federal Data Protection Act).

(2) Insofar as data processing on behalf of a controller is required, a separate agreement pursuant to Art. 28 GDPR shall be concluded.

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall, to the extent permitted by law, be the registered office of EazyClean Technologies GmbH. We shall, however, also be entitled to bring proceedings against the Customer at the Customer's general place of jurisdiction.

(1) Should any provision of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

(2) The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision.

(3) The same shall apply to any gaps in the contractual provisions.