General Terms and Conditions of Sale and Delivery (T&Cs)

of Elbe Holding GmbH & Co. KG and its affiliated companies within the meaning of Sec. 15 of the German Stock Corporation Act (AktG) (hereinafter collectively referred to as “ELBE”)

General Terms and Conditions of Sale and Delivery (T&Cs)

of Elbe Holding GmbH & Co. KG and its affiliated companies within the meaning of Sec. 15 of the German Stock Corporation Act (AktG) (hereinafter collectively referred to as “ELBE”)

§ 1 Scope of application

  1. All national and international legal relationships between ELBE and its customers (“customer” or “customers”) in connection with deliveries (“goods”) and services of ELBE (hereinafter collectively referred to as “delivery” or “deliveries”) shall be governed exclusively by these General Terms and Conditions of Sale and Delivery (“Terms and Conditions” / “T&Cs”).
  2. Any deviating, conflicting or supplementary terms and conditions of the customer shall only become part of the contract if and insofar as ELBE has expressly agreed to their validity in writing. Lack of rejection on the part of ELBE with respect to orders with contradictory content shall not be deemed to constitute consent, nor shall the unconditional provision of services by ELBE in the knowledge of terms and conditions of the customer which contradict or deviate from these T&Cs. The customer’s unconditional payment is deemed to constitute acceptance of these T&Cs.
  3. These T&Cs only apply to entrepreneurs, legal entities under public law and public law special entities.
  4. Unless otherwise agreed, the T&Cs as amended, i.e. valid at the time of the order, shall also apply as a framework agreement for similar future contracts without ELBE having to refer to them again in each individual case.

 

§ 2 Offer and conclusion of contract, offer

  1. Offers made by ELBE are always subject to change and non-binding. All contracts and purchase orders placed by the customer with ELBE (collectively “orders”) must be confirmed in writing by ELBE in order to be legally valid. The same applies to the confirmation of a customer’s acceptance of an offer.
  2. Agreements, regardless of whether they concern main or ancillary services or framework conditions, are only binding on ELBE after written confirmation. This also applies to warranties and guarantees or other collateral agreements. Guarantees and warranties of quality must be expressly designated as such by ELBE. The assumption of procurement risks also requires written confirmation by ELBE.
  3. Drawings, illustrations, dimensions, weights and other performance characteristics are only binding if they are expressly agreed in writing.
  4. The scope and price of goods and services shall be determined by ELBE’s written order confirmation. If ELBE is responsible for installation or assembly, the customer shall – unless otherwise agreed – bear all necessary ancillary costs such as travelling and transport costs in addition to the agreed remuneration.
  5. ELBE reserves all proprietary, copyright and other rights of use and exploitation of cost estimates, illustrations, drawings, calculations and other documents without restriction. This also applies to written documents that are labelled as confidential. The customer requires the express prior consent of ELBE before making these available to third parties.

 

§ 3 Prices

  1. The prices stated in ELBE’s order confirmation are deemed to apply, and these are deemed to be FCA [named place] in accordance with Incoterms 2020 and do not include any packaging costs; packaging costs are listed separately in ELBE’s invoices. The statutory value added tax is also not included in ELBE’s prices and this will be shown separately on the invoice at the statutory rate applicable on the day of invoicing.
  2. Customer payments shall be made in EURO. If ELBE accepts payment in a different currency, the exchange rate applicable at the time the offer is made shall apply.
  3. Unless otherwise agreed between the parties or otherwise stated in the order confirmation, prices shall be binding for 30 days from the date of ELBE’s quotation. ELBE reserves the right to increase its prices after 30 days to compensate for any cost increases.
  4. After conclusion of a contract, ELBE may unilaterally increase prices appropriately (Sec. 315 German Civil Code (BGB)) in the event of an increase in material procurement or production costs, taxes, wage and ancillary wage costs, energy costs and costs due to environmental regulations if there are more than two months between the conclusion of the contract and delivery. This also applies to prices for successive delivery contracts and for deliveries based on long-term commitments. In these cases, the period of two months begins with the conclusion of the successive delivery contract or the contract establishing the long-term commitment. If the adjusted price exceeds the original price by more than 10%, the customer has the right to withdraw from the contract with regard to the quantities affected by the price adjustment when the price adjustment comes into effect. The right of cancellation can only be exercised within one week of becoming aware of the price adjustment. Price adjustments based on regulatory provisions and related requests for cancellation of the contract or termination for good cause remain unaffected.
  5. If subsequent findings cast doubt on the customer’s creditworthiness, for which confidential information from a German bank or credit agency is sufficient, ELBE shall be entitled to demand payment in advance or the provision of security and, after setting a reasonable deadline, to withdraw from the contract or to claim damages for non-performance, without prejudice to the right to take back the goods delivered subject to retention of title.
  6. Additional deliveries and services shall be invoiced separately. Unless expressly agreed otherwise in writing, dispatch shall be at the expense and risk of the recipient.

 

§ 4 Due date of the purchase price and terms of payment 

  1. Unless otherwise stated in the order confirmation, ELBE’s invoices are due for payment without deduction 30 days after the invoice date.
  2. ELBE is entitled to offset payments against the customer’s older debts, notwithstanding any clause in the customer’s terms & conditions to the contrary. If costs and interest have already been incurred, ELBE retains the right to offset payment first against the costs, then against the interest and finally against the principal service.
  3. Unless expressly agreed otherwise, payments shall only be made by bank transfer. A transaction is only deemed to have been concluded when ELBE can dispose of the amount.  Any costs or fees for payment transactions shall be borne by the customer. The customer is required to designate the payment with an unequivocal reference to payment of the ELBE invoice.
  4. In the event of non-payment (in whole or in part) by the due date, ELBE shall be entitled to statutory default interest.
  5. If the customer is more than four weeks in arrears with his payment obligations and does not fulfil the obligations arising from retention of title, suspends his payments or applies for the opening of judicial or out-of-court composition or bankruptcy proceedings, all liabilities become due immediately. In such cases, ELBE is also entitled to demand advance payments or the provision of security.
  6. If ELBE has not yet delivered, it shall be entitled, subject to the conditions of Sec. 4(5), to withhold the services until the purchase price has been paid in full, even if the purchase price is due at a later date. Payments to employees and commercial agents of ELBE only discharge the payment obligation if the recipients present a debt-collection order.
  7. ELBE is entitled to assign claims arising from its business relationship with the customer to third parties; this also applies to the sale of receivables by way of factoring.

 

§ 5 Delivery dates, default of acceptance, cancellation rights

  1. Unless otherwise expressly agreed in writing, dates for the provision of goods or delivery periods communicated by ELBE merely indicate the expected delivery date.
  2. Binding provision and delivery periods commence at the earliest upon receipt of the ELBE order confirmation by the customer. Compliance with these deadlines is subject to the following conditions:
    a) Clarification of all commercial and technical questions including the details of the execution of the order, insofar as necessary for the fulfilment of the contract
    b) Timely receipt of all documents, schedules, necessary authorisations and approvals to be supplied by the customer
    c) Compliance with all obligations by the customer, including agreed terms of payment.
    If these requirements are not met in good time, the deadlines shall be extended accordingly, unless ELBE is itself responsible for the delay.
  3. ELBE is entitled to make early deliveries, partial deliveries and render partial services at any time, provided this is reasonable for the customer.
  4. Delays in delivery and performance due to force majeure or due to events which make delivery significantly more difficult or impossible for ELBE (collectively “impediments”) shall release ELBE from its delivery and performance obligations for the duration of the impediments and the extent of the effect of the impediments, insofar as the impediments cannot be averted by economically reasonable means. Such impediments entitle ELBE to postpone delivery or performance for the duration of the impediment (plus a reasonable start-up period). Impediments within the meaning of this provision include, in particular:
    (I) mobilisation, war, acts of terrorism, riots, revolutions or events having a similar effect,
    (II) epidemics and pandemics (including SARS-COV and variants) as defined by the World Health Organisation or events having a similar effect,
    (III) a posteriori difficulties in procuring materials, operational disruptions, strikes, lock-outs, staff shortages, lack of means of transport, disruptions to the energy supply including resulting black-outs,
    (IV) computer viruses and other attacks by third parties on ELBE’s IT system, insofar as these occur despite compliance with the usual care appropriate to protective measures,
    (V) impediments arising from national and international regulations under foreign trade law (including to the extent that they would result in sanctions or penalties under or in connection with UN resolutions, trade or economic sanctions, laws or regulations of the European Union or any other state) and legislative or governmental intervention that prevents or impairs export or import,
    (VI) impediments resulting from devaluations of the agreed purchase price currency and
    (VII) natural disasters and nuclear explosion or contamination.
    Exemption from performance obligations is independent of whether impediments were already foreseeable at the beginning of the contract, already exist at the beginning of the contract or whether the impediments only occur during the term of the contract. The exemption is also independent of whether the impediments occur at ELBE or at ELBE’s suppliers or their subcontractors. The provisions of this Sec. 5(4) shall also apply if ELBE is already in default at the time of the occurrence of the aforementioned events. ELBE shall notify the customer within a reasonable period of actual or impending delays in delivery.
  5. If the impediment referred to in Sec. 5(4) lasts longer than three months, the customer shall be entitled, after a reasonable period of grace, to withdraw from the contract with regard to that part of the contract not yet fulfilled. If the delivery time is extended in accordance with Sec. 5(4) sentence 2 or if ELBE is released from its obligation, the customer may not derive any claims for compensation from this.
  6. If, for reasons for which ELBE is not responsible, ELBE does not receive the deliveries or services from its suppliers required for the performance of the contractual deliveries to be supplied by ELBE, or does not receive them correctly or on time, despite proper and sufficient inventories, or if events occur in accordance with Sec. 5(4) above, ELBE shall inform the customer in good time. In this case ELBE shall be entitled to postpone delivery for the duration of the impediment or to withdraw from the contract in whole or in part with regard to that part of the contract not yet fulfilled, provided that ELBE has fulfilled its aforementioned duty to inform and ELBE has not expressly assumed the procurement risk.
  7. If the customer is in default of acceptance or culpably breaches other duties to co-operate, ELBE shall be entitled to demand compensation for any losses incurred in this respect, including any additional expenses. Further claims and rights are reserved.
  8. If the conditions listed in Sec. 5(6) apply, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the point in time at which the customer is in default of acceptance or in default.

 

§ 6 Shipping and risk transfer

  1. Unless otherwise stated in the order confirmation, delivery FCA [named place] in accordance with Incoterms 2020, as amended, is agreed. The risk shall pass to the customer when the goods are handed over to the person authorised to transport them, but at the latest when they leave ELBE’s works. This applies regardless of who bears the shipping costs.
  2. If the goods are ready for despatch and despatch is delayed for reasons for which ELBE is not responsible, the risk shall pass to the customer upon receipt of notification of readiness for despatch.
  3. If ELBE follows dispatch instructions issued by the customer, this is done without ELBE assuming any responsibility, solely on behalf of, for the account of and at the risk of the customer, unless ELBE acts wilfully or with gross negligence.

 

§ 7 Claims for defects

  1. The customer shall fulfil his obligations to inspect and give notice of defects properly and in accordance with the statutory provisions. Notifications of all defects shall be effected promptly and in writing.
  2. Deliveries are deemed to be free of material defects if they fulfil the subjective and objective requirements and installation requirements of Sec. 434 German Civil Code (BGB) at the time of transfer of risk. If the parties have agreed on the quality of the goods, the question of whether the deliveries meet the objective requirements shall be based exclusively on this quality agreement.Claims for defects shall not exist in the event of only insignificant deviations from the agreed quality, only insignificant impairment of usability, natural wear and tear or damage arising after the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable equipment or due to special external influences which are not provided for in the contract. If the customer or third parties carry out improper modifications, improper installation/removal work or improper repair work, no claims for defects shall exist for these and any resulting consequences.ELBE’s goods are intended for installation in the drive trains of vehicles and machines; the requirements placed on the goods are therefore subject to installation and operating conditions (in particular forces, loads, temperatures and environmental conditions) that are unknown to ELBE. Unless otherwise agreed in writing, the customer shall therefore check the goods for suitability for the use intended by him and his customers and shall bear responsibility for this.
  3. ELBE shall be granted the opportunity for remedial performance within a reasonable period of time. At ELBE’s discretion, all goods with a material defect shall be repaired or replaced free of charge, provided that the cause of the defect existed at the time of transfer of risk.
    If remedial performance fails, the customer may – without prejudice to any claims for damages pursuant to Sec. 7(6) – withdraw from the contract or reduce the remuneration.
  4. ELBE shall bear the expenses necessary for the purpose of remedial performance, in particular transport, travel, labour and material costs, unless the expenses are disproportionate. Expenses are considered to be disproportionate, in particular, if the relationship between the expenses and the purchase price is unreasonable. Expenses are also considered to be disproportionate if the expenses increase due to the fact that the purchased goods have been taken to a location other than the customer’s registered office or commercial site after delivery. Expenses are not considered to be disproportionate if the transfer to another location corresponds to the intended use of the item.
  5. If the customer has statutory rights of recourse against ELBE, claims against ELBE shall only exist to the extent that the customer has not made any agreements with its customers which go beyond the statutory claims for defects. Claims by the customer for reimbursement of expenses pursuant to Sec. 445a(1) German Civil Code (BGB) are excluded unless the last contract in the supply chain is a consumer goods purchase (Secs. 478, 474 German Civil Code (BGB)) or a consumer contract for the provision of digital products (Secs. 445c sentence 2, 327(5), 327u German Civil Code (BGB)).
  6. ELBE shall not be liable for damages due to material defects. This does not apply to claims for damages based on fraudulent concealment of the defect, non-compliance with a guarantee of quality, injury to life, limb or health and wilful or grossly negligent breach of duty by ELBE. The above provisions do not constitute a change in the burden of proof to the detriment of the customer. Claims by the customer against ELBE for material defects going beyond or other than those regulated in this Sec. 7 are excluded.
  7. Claims by the customer due to material defects and deficiency in title shall become statute-barred after one year (limitation period). The commencement and maximum limitation periods shall be governed by the statutory provisions. The above limitation period shall not apply in the event of wilful intent, fraudulent concealment of the defect or non-compliance with a guarantee of quality. This period shall also not apply if the law prescribes longer periods in accordance with Secs.  438(1)2 German Civil Code (BGB) (buildings and items for buildings) and 634a(1)2 German Civil Code (BGB) (building defects). The suspension of the limitation period pursuant to Sec. 445b(2) German Civil Code (BGB) is excluded insofar as this should result in a limitation period of more than 24 months from delivery. The above sentence does not apply if the last contract in the supply chain is a consumer goods purchase (Secs. 478, 474 German Civil Code (BGB)).
  8. If the goods and services to be supplied by ELBE include digital products, a separate contract shall be concluded in writing between ELBE and the customer to regulate all relevant details, the terms of which shall take precedence over these T&Cs.
  9. Deficiency in title shall only exist if the goods or services are subject to industrial property rights of third parties and copyrights of third parties (hereinafter referred to as “third party rights”) in the country of the place of delivery.
    ELBE accepts no warranty or liability for deficiency in title insofar as ELBE has manufactured the goods in accordance with drawings, models or other equivalent descriptions or information supplied by the customer and ELBE does not know or, in connection with the products it has developed, cannot know that third party rights are being infringed as a result. Insofar as ELBE is not liable in accordance with Sec. (7)3, the customer shall indemnify ELBE against third-party claims. The parties undertake to inform each other immediately of any risks of infringement and alleged cases of infringement that become known and to give each other the opportunity to counteract such claims by mutual agreement.

 

§ 8 Other claims for damages, reimbursement of expenses

  1. Claims for damages, irrespective of their legal basis, with the exception of claims for damages under Secs. 1 & 4 of the German Act on Liability for Defective Products (ProdHaftG), are excluded, unless the damage was caused by ELBE intentionally or through gross negligence or the damage is based on the fact that a characteristic of the item for which ELBE has assumed a guarantee does not exist. In the event of injury to life, limb or health and in the event of breaches of essential contractual obligations, liability shall also be assumed for minor negligence. Essential contractual obligations in this sense are those obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may generally rely.
  2. ELBE’s liability shall be limited to damage foreseeable at the time of the conclusion of the contract and typical for contracts of this type. This restriction shall not apply if legal representatives or senior executives of ELBE have caused the damage wilfully or through gross negligence. Furthermore, this limitation shall not apply if legal representatives or senior executives of ELBE have breached essential contractual obligations or if ELBE is liable for injury to life, limb or health or due to the assumption of a guarantee for the existence of a certain characteristic of the item. An essential contractual obligation is deemed to exist if the breach of duty relates to an obligation on the fulfilment of which the customer has relied and was entitled to rely.
  3. Claims for reimbursement of expenses are excluded under the conditions specified in Sec. 8(1) for claims for damages.
  4. The above provisions do not involve a modification to the burden of proof to the detriment of the customer.
  5. Customer claims shall become statute-barred after one year; the statutory provisions shall apply to the start and maximum period of the limitation period. The statutory provisions on suspension of limitation period, suspension and recommencement of time limits remain unaffected.

 

§ 9 Total liability

  1. Any further liability for damages other than that provided for in Secs. 6 and 7 is excluded, irrespective of the legal nature of the claim asserted. This applies in particular to claims for damages arising from culpa in contrahendo, other breaches of duty or tortious claims for compensation for property damage in accordance with Sec. 823 German Civil Code (BGB).
  2. The limitation according to Sec. 8(1) shall also apply if the customer, in case of a claim for damages, demands compensation for expenditure incurred in vain in lieu of performance.
  3. Insofar as ELBE’s liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages with regard to its employees, workers, staff, representatives and vicarious agents.

 

§ 10 Retention of title

  1. ELBE retains title to all goods until complete fulfilment of all claims arising from the business relationship. This also applies to balance claims from unpaid invoices to which ELBE is entitled against the customer.
  2. The processing or remodelling of the goods shall always be carried out for ELBE as manufacturer. If the goods are processed or remodelled with other items not belonging to ELBE, ELBE shall acquire co-ownership of the new item in the ratio of the value of the goods (final invoice amount) to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing or remodelling as to the goods delivered under reservation of title.
  3. If the goods are inseparably integrated into other products not belonging to ELBE, ELBE shall acquire co-ownership of the new item in the ratio of the value of the delivered goods (final invoice amount) to the other integrated items at the time they are integrated. If the integration takes place in such a way that the customer’s item is to be regarded as the main item, it is agreed that the customer hereby transfers co-ownership to ELBE on a pro rata basis and ELBE accepts the transfer. In all other respects, the same shall apply to the goods created by integration as to the goods delivered under reservation of title. The customer shall hold the resulting sole ownership or co-ownership on behalf of ELBE.
  4. The customer shall be entitled to resell the goods subject to retention of title within the meaning of Sec. 10(1) to (4) in the ordinary and usual course of business, provided, however, that the assigned claims within the meaning of Sec. 10(1) to (4) are actually transferred to ELBE. The customer hereby assigns to ELBE any claims against his customers arising from such sales until ELBE’s claims have been paid in full, without the need for any further special declarations and irrespective of whether the goods have been resold without or after processing or integration. ELBE hereby accepts the assignment.
    If the goods subject to retention of title are resold together with other items without an individual price having been agreed for the goods subject to retention of title, the customer shall assign to ELBE that part of the total price claim which corresponds to the price of the goods subject to retention of title invoiced by ELBE.
    The provision on the assignment of claims under this Sec. 10(4) shall also apply to new items within the meaning of Sec. 10(2) and (3). However, the assignment shall only apply up to the amount corresponding to the value invoiced by ELBE for the processed, remodelled or integrated reserved goods.
    The customer is entitled to collect claims from his customers as long as ELBE does not revoke the authorisation.
  5. At ELBE’s request, the customer shall inform his customers of the assignment and provide ELBE with all lists and documents necessary to assert the claims.
  6. In the event of breach of contract by the customer, in particular default in payment or justified doubts as to the customer’s solvency (e.g. inability to pay, filing for insolvency proceedings), ELBE may prohibit the resale or use of the reserved goods and repossess them. The customer agrees that employees of ELBE or persons authorised by ELBE for this purpose may enter his warehouse and business premises for this purpose. The demand for the return of the delivered goods does not require ELBE to withdraw from the contract. The recovery and seizure of the goods subject to retention of title by ELBE shall only constitute cancellation of the contract if ELBE has set the customer a reasonable deadline for performance to no avail and has expressly declared its cancellation in writing, provided this is not dispensable under Sec. 323(2) German Civil Code (BGB). If the requirements of sentence 1 of this Sec. 10(6) are met, the customer’s authorisation to collect the claims assigned to ELBE shall lapse.
  7. At the customer’s request, ELBE undertakes to release the above-mentioned securities to which it is entitled if their total sales value exceeds the claims to be secured by more than 10% and, in the case of a utilisation risk, by more than 50%. ELBE is entitled to choose at its discretion which security interests are released.
  8. While retention of title exists, the customer is prohibited from mortgaging the items, transferring ownership by way of security or assigning (including overall and blanket assignments) and resale is only permitted in the ordinary course of business and only on condition that the reseller receives payment from its customer or makes the reservation that ownership is only transferred to the customer when the customer has fulfilled its payment obligations.
    The customer is only authorised to sell and assign claims against his customers resulting from the ordinary course of business with the written consent of ELBE. In the event of ELBE’s consent, the customer’s receivables against the factor arising from the sale within the context of genuine factoring are hereby assigned to ELBE. Upon payment of the purchase price for the claim by the factor, ELBE’s claim against the customer arising from the contractual relationship in question is due immediately.
  9. The customer shall store the goods delivered subject to retention of title separately from other goods. The customer is obliged to inform ELBE immediately by registered letter of any intervention by a third party, e.g. seizure of the reserved goods and the claims assigned to ELBE. The customer shall compensate ELBE for any damage caused to the reserved goods by third parties. He shall also bear all costs of any intervention by ELBE to enforce its property rights.
  10. The customer is obliged to treat the goods delivered under retention of title with care and to insure them adequately against insurable damage at his own expense. The customer hereby assigns to ELBE any claims against the insurance companies arising from a claim in the amount of the invoice value of the goods subject to retention of title which have been damaged; ELBE accepts the assignment.
  11. If, according to statutory or other regulations of the country of destination, retention of title is not effective without registration or other formalities, the customer hereby gives his consent to such registration. He will also provide any assistance required to comply with the formalities required by the respective national law.

 

§ 11 Offsetting by the customer and rights of retention

  1. The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognised by ELBE. The customer is only entitled to withhold due payments insofar as counterclaims from the same contractual relationship are concerned; any further right of retention is excluded. If the contract is a commercial transaction for both parties, the customer shall only be entitled to refuse performance in the event of defective performance or gross breach of contract by ELBE. The customer agrees to the offsetting of its receivables and liabilities in transactions with ELBE.

 

§ 12 Miscellaneous provisions, applicable law, place of jurisdiction

  1. Amendments to these T&Cs or other ancillary agreements must be made in writing to be effective. This also applies to the amendment of this written form clause.
  2. Notifications, declarations and communications from the customer in relation to the contract (e.g. setting of deadlines, reminders, cancellation) must be made in writing and become effective upon receipt. The written form includes both signed and unsigned written texts (e.g. letter, email, data transmission platform). Statutory formal requirements remain unaffected. The customer is obliged to notify ELBE of any change of address or the identity of the contact. The customer agrees that communications from ELBE in electronic form have the same legal effect as communications in paper form.
  3. Unless otherwise agreed, the place of fulfilment shall be the respective registered office of the ELBE company.
  4. These T&Cs and the entire contractual relationship between ELBE and the customer shall be governed by the substantive law of the Federal Republic of Germany to the exclusion of its conflict of law rules and to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
  5. The exclusive place of jurisdiction is Stuttgart. However, ELBE reserves the right to take legal action at the customer’s place of jurisdiction. Overriding statutory provisions, in particular regarding exclusive responsibilities, remain unaffected.

Should one or more provisions of these T&Cs or the contracts of which they become a part be or become invalid, this shall not affect the validity of the remaining provisions of these T&Cs or the contracts. Should any amendments or interpretations of these T&Cs or contracts become necessary due to such invalidity, these shall be made in such a way that the economic purpose of the omitted provision remains guaranteed in a legally enforceable manner.

 

§ 13 Data protection

  1. ELBE is committed to the protection of personal data in accordance with the General Data Protection Regulation (GDPR) and attaches great importance to applying the protection regulations regarding personal data to the benefit of the customer.
  2. The data provided within the scope of a contract (including personal data) is used for order processing. For these purposes, the data may be transferred to ELBE’s service providers, including those based outside the European Union.
  3. The data subjects within the meaning of data protection legislation have a right to access, amend, erase or block their personal data in accordance with the law applicable to their contract. The relevant contact(s) is/are the data protection officer(s). This person can be reached at the email address or at the telephone number +49 7142 353 472.
  4. ELBE may – subject to the customer’s separate consent – be authorised to use personal data for advertising purposes, e.g. to inform the customer about new products or to draw the customer’s attention to any product changes. The data subjects within the meaning of data protection legislation are entitled to raise objections at any time. In this case, the contact(s) is/are also the data protection officer(s) in accordance with Sec. 13(3) above.
  5. The customer undertakes to inform data subjects within the meaning of data protection law in accordance with the requirements set out in the above Sec. 13(1-4).
  6. All applicable laws and regulations for the protection of personal data must be observed. ELBE’s privacy statement at https://www.elbe-group.de/en/data-protection applies

the original since 1919

Contact

Elbe Holding
GmbH & Co. KG
Gerokstraße 100
74321 Bietigheim-Bissingen

Phone: +49 7142 353 0