Policys

EHP GmbH | Stainless Steel Trade Profiles
General Terms of Sale, Version November 2025

I. Applicability / Conclusion of Contract
These General Terms of Sale apply to all – including future – contracts with entrepreneurs, legal entities under public law, and public special funds concerning deliveries and other services, including work contracts, contracts for the delivery of manufactured or to-be-produced fungible and non-fungible goods. The purchaser’s purchasing conditions shall not be recognized even if we do not explicitly reject them again after receipt.
Our offers are non-binding, and orders from the purchaser are only binding for us if confirmed by us in writing. The same applies to changes to orders. If an order confirmation is made in writing, it is decisive for the content of the contract. We are, however, entitled to accept an order by executing the order without prior confirmation. Acceptance may occur within a reasonable period after receipt of the order.
Oral agreements, promises, assurances, guarantees, and statements regarding the intended use or application of our employees in connection with the conclusion of the contract are non-binding and only become binding through our confirmation in writing.
For the interpretation of trade clauses, the Incoterms in their latest version shall be decisive in case of doubt.

II. Prices
Unless otherwise agreed, prices are basic prices ex works or ex warehouse plus freight, value-added tax at the statutory rate, and the goods are invoiced “gross for net.” Unless otherwise agreed, the basic prices and conditions of the price list valid on the day of delivery apply.
Unless otherwise agreed, an alloy surcharge is payable in addition to the basic price. The invoiced alloy surcharge refers to the time of delivery. The alloy surcharge published on the website e-h-p.de for the month of delivery is decisive.
If costs incurred outside our operations included in the agreed basic price change later than four weeks after conclusion of the contract, we are entitled to adjust the basic prices accordingly each month from the first calendar day. This also applies to an increase in freight costs.
If the adjusted basic price exceeds the original price by more than 10%, the purchaser has the right to withdraw from the contract regarding the quantities affected by the price adjustment. The right of withdrawal may only be exercised within one week of knowledge or possible knowledge of the price adjustment.

III. Payment and Set-Off
The purchase price is to be paid without deduction so that we can dispose of the amount on the due date. This also applies if the inspection certificates according to DIN EN 10204 agreed for delivery are missing or delayed. The purchaser bears the costs of payment transactions.
Unless otherwise agreed, our invoices are payable within 30 days. The payment period starts with the invoice date. In the event of a change in the purchaser’s creditworthiness, the seller reserves the right to adjust payment terms for ongoing orders.
If the payment deadline is exceeded or in case of default, we charge interest at the statutory default interest rate, unless higher rates are agreed. Additionally, we are entitled to charge a default fee of €40. The assertion of further damages remains reserved.
The purchaser has a right of retention and set-off only to the extent that his counterclaims are undisputed or legally established, are based on the same contractual relationship with us, and/or would entitle the purchaser to refuse performance under § 320 BGB.
If it becomes apparent after conclusion of the contract that our payment claim is endangered due to the purchaser’s lack of ability to pay, or the purchaser is in default with a significant amount, or other circumstances indicate a significant deterioration of his ability to pay, we are entitled to the rights under § 321 BGB. This also applies if our obligation to perform is not yet due. We are then, in particular, entitled to refuse agreed advance performances and to demand prepayment of the entire contract amount, as well as to make all not yet due claims from the ongoing business relationship with the purchaser due. A lack of performance ability of the purchaser is also deemed if the purchaser is in default for a significant amount (at least 10% of due claims) for at least three weeks, or the credit limit assigned by our trade credit insurer is significantly downgraded.
If the purchaser unjustifiably withdraws from an order or otherwise refuses to perform the contract, we are entitled – without prejudice to claiming higher actual damages – to claim a lump-sum compensation of 10% of the sales price for costs incurred in processing the order and for lost profit. The purchaser may prove lower damage.

IV. Execution of Deliveries, Delivery Periods and Dates
Our delivery obligation is subject to correct and timely self-delivery unless the incorrect or untimely self-delivery is caused by us. For import transactions, our delivery obligation is additionally subject to the timely receipt of monitoring documents and import permits. In particular, we are entitled to withdraw from the contract if we have concluded a proper coverage transaction but are not supplied by our supplier for reasons beyond our control, e.g., insolvency of our upstream supplier.
Delivery time indications are approximate and, unless otherwise agreed, subject to the usual reservation (u.V./u.ü.V.). The delivery time may be reasonably exceeded; only after this period of exceeding does the due date arise, and we are in default only after a reminder.
Delivery periods start with our order confirmation and are valid only if all details of the order are clarified in time and the purchaser fulfills all obligations on time, e.g., provision of all official certificates, provision of letters of credit and guarantees, payment of down payments, or approved drawings.
For compliance with delivery periods and dates, for EXW deliveries, our notice of readiness for collection is decisive; otherwise, the time of dispatch from the works or warehouse is decisive. Delivery periods and dates are considered met even if the goods cannot be dispatched on time without our fault.
The purchaser must ensure smooth acceptance of the goods and notify us in time of difficult delivery conditions. The purchaser must unload promptly and properly and provide cranes or forklifts for this purpose. If we or third parties carry out or assist in unloading, this is done without legal obligation and at the purchaser’s risk.
Force majeure events, in particular wars, natural disasters, or political unrest, entitle us to extend deliveries by the duration of the hindrance and a reasonable start-up time. This also applies if such events occur during an existing delay. Equivalent are currency, trade policy, or other sovereign measures (e.g., anti-dumping and compensatory investigations, customs audits, embargoes, sanctions, etc.), strikes, lockouts, operational disruptions not caused by us (e.g., fire, flooding, machine and rolling mill breakdown, raw material and energy shortages), pandemics and their effects, traffic route obstructions, insolvency of our supplier, and all other circumstances that significantly hinder or make delivery and performance impossible or economically unreasonable without our fault. It is irrelevant whether the circumstances occur at us, the manufacturing plant, or another supplier. If execution becomes unreasonable for one of the contracting parties due to the above events, the contract may be terminated by immediate written declaration.

V. Retention of Title
The delivered goods remain our property until full payment of the purchase price. The purchaser is obliged to take the measures required to maintain the retention of title – or a comparable security right in the country of his establishment or in another destination country – and to provide proof to us upon request.
The following supplementary regulations apply:
The delivered goods remain our property (reserved goods) until all claims, in particular the respective balance claims, due to us in the course of the business relationship are fulfilled. This also applies to future and conditional claims and even if payments are made on specifically designated claims. This retention of title expires definitively with the settlement of all claims still outstanding at the time of payment and covered by this retention of title. However, this retention of title does not apply to advance payment or cash transactions settled simultaneously.
Processing of the reserved goods is carried out by us as the manufacturer in the sense of § 950 BGB, without us being obliged. The processed goods are considered reserved goods according to clause 2a. In the case of processing, combining, or mixing the reserved goods with other goods by the purchaser, we acquire co-ownership proportionally to the invoice value of the reserved goods relative to the invoice value of the other goods used. If our ownership is extinguished due to combination or mixing, the purchaser already now transfers to us the ownership rights to the new stock or object to the extent of the invoice value of the reserved goods and stores them for us free of charge. Our co-ownership rights are considered reserved goods according to clause 2a.
The purchaser is only entitled to sell the reserved goods in the ordinary course of business under his usual terms and conditions and as long as he is not in default, provided that claims from further sale transfer to us. Other dispositions of the reserved goods are not permitted.
Claims from the resale of reserved goods, together with all securities acquired by the purchaser for the claim, are already now assigned to us. We accept the assignment hereby. The claims serve to the same extent as security as the reserved goods. If the reserved goods are sold together with other goods not sold by us, the claim from the further sale is assigned to us proportionally to the invoice value of the reserved goods relative to the invoice value of the other sold goods. In the sale of goods in which we have co-ownership according to clause 2b, a part corresponding to our co-ownership share is assigned to us.
The purchaser is entitled to collect claims from further sale. This collection authorization expires in the event of our revocation, at the latest in case of default in payment, non-acceptance of a bill of exchange, or application for insolvency proceedings. We will only exercise our revocation right if, after conclusion of the contract, it becomes apparent that our claim from this or other contracts with the purchaser is endangered due to the purchaser’s lack of ability to pay. Upon request, the purchaser must immediately inform his buyers of the assignment and provide us with the documents necessary for collection.
If the purchaser has sold the claim from further sale within the scope of genuine factoring, he assigns his present and future claims against the factor from the purchase and collection of further sale claims, insofar as they relate to the goods delivered by us, to us. We accept this assignment hereby.
In case of seizure or other impairments by third parties, the purchaser must notify us immediately. The purchaser bears all costs required to remove the seizure, sort out, or return the reserved goods, unless reimbursed by third parties.
If the purchaser is in default, we are entitled to repossess the reserved goods and sell them in the best possible way, crediting the purchase price. The same applies if it becomes apparent after conclusion of the contract that our claim from this or other contracts with the purchaser is endangered due to the purchaser’s lack of ability to pay. Repossession does not constitute withdrawal from the contract. Provisions of the Insolvency Code remain unaffected.
If the invoice value of existing securities exceeds the secured claims, including ancillary claims (interest, costs, etc.), by more than 50%, we are obliged, upon the purchaser’s request, to release securities at our discretion to this extent.

VI. Weights
The weights determined by us or our supplier are decisive. Proof of weight is provided by presenting the weigh slip. For work packages, weighing is done gross for net. We may also determine the weights of steel products theoretically without weighing, whereby the dimensions are calculated according to recognized statistical methods. Furthermore, we are entitled to increase the theoretical weight by 2½% to compensate for rolling and thickness tolerances (“commercial weight”) and calculate based on a commercial weight of 8 kp/dm³.
Quantities, bundle numbers, etc., stated in the shipping notice are non-binding for goods calculated by weight. If no individual weighing is agreed, the total weight of the delivery applies. Differences compared to the calculated individual weights are proportionally distributed.

VII. Inspection Certificates / Acceptance
The delivery of inspection certificates (“certificates”) according to EN 10204 requires an agreement. We are entitled to provide such certificates in copy, covering the recipient, or alternatively, to create a marked copy of the original. The fee for agreed inspection certificates according to DIN EN 10204 is €20 per certificate unless otherwise agreed.
If acceptance is agreed or corresponding material standards require it, it can only take place at the manufacturing plant or at the warehouse designated by us immediately after notification of readiness for acceptance. The purchaser ensures that we can commission the desired inspection body in his name and for his account or that of his buyer. Unless otherwise agreed, this authorization is granted with the designation of an inspection body in the order.
The purchaser bears the personal and material costs of acceptance; they are invoiced by the inspection body and payable directly to them.
If acceptance does not take place without our fault, not on time, or not completely, we are entitled to ship the goods without acceptance or store them at the purchaser’s cost and risk and charge him.

VIII. Call Orders, Continuous Deliveries
For contracts with ongoing delivery, call-offs and grade allocation must be given for approximately equal monthly quantities; otherwise, we are entitled to make the provisions at our reasonable discretion.
Call orders obligate the purchaser to accept the total quantity underlying the call order. Unless otherwise agreed, the entire quantity must be called within the period specified in the contract.
If individual call-offs exceed the total contract quantity, we are entitled to deliver the excess quantity but not obliged. We may invoice the excess quantity at the prices valid at the time of the call-off or delivery.
Unless otherwise agreed, call orders must be called within 365 days of contract conclusion. After this period, we are entitled to store uncalled goods at the purchaser’s cost and risk and charge him.

IX. Shipping, Transfer of Risk, Packaging, Partial Delivery
We determine the shipping route and means, as well as the forwarding agent and carrier. Unless otherwise agreed in writing, our deliveries are EXW according to the Incoterms valid at the time of contract conclusion. The delivery location may also be the plant or warehouse of a third party.
Goods declared ready for shipment according to the contract must be picked up immediately; otherwise, we are entitled, after reminder, to ship them at the purchaser’s cost and risk or store them at our discretion and immediately charge him.
If transport on the intended route, to the intended location, or within the intended time becomes impossible or significantly complicated without our fault, we are entitled to deliver by another route or to another location; the resulting additional costs are borne by the purchaser. The purchaser will be given the opportunity to comment beforehand.
For call orders, risk passes to the purchaser upon provision of the goods for collection. In other cases, risk, including seizure risk, passes to the purchaser upon handing over the goods to a forwarder or carrier, at the latest upon leaving the warehouse or works, for all transactions, including franco and free house deliveries. We only provide insurance at the purchaser’s instruction and cost. Duties and costs of unloading are borne by the purchaser.
We provide packaging, protective, and/or transport aids according to our experience at the purchaser’s cost. They are generally taken back at our warehouse within a reasonable period without compensation. Costs for return transport or for disposal by the purchaser are not covered.
We are entitled to make partial deliveries to a reasonable extent. Industry-standard over- and under-deliveries of the agreed quantity are permitted. Unless otherwise agreed, we are entitled to over- or under-deliver up to 10% of the agreed quantity.

X. Liability for Material Defects
The internal and external properties of the goods, in particular their quality, grade, and dimensions, are primarily determined by the agreed condition, especially the contractually agreed standards, datasheets, material sheets, or other agreed technical specifications. References to standards and similar regulations, to inspection certificates according to EN 10204 and similar certificates, and information on qualities, grades, dimensions, weights, and usability of the goods are not warranties or guarantees. Likewise, conformity declarations and corresponding marks such as CE and GS are not guarantees.

We generally assume no liability for a specific use or application of the goods. It is the purchaser’s responsibility to check the suitability of the goods for the intended use. This only differs if, at the latest upon conclusion of the purchase contract, the purchaser informed us in writing of the intended use and we expressly agreed in writing. Ambiguous indications in manufacturing specifications are at the purchaser’s risk.
If the goods comply with the agreed condition according to section X.1 or are suitable for the intended use according to section X.2, the purchaser cannot claim that the goods are unsuitable for ordinary use or possess a property typical for goods of this type that he expected.
For examining the goods and reporting defects, the legal provisions apply, with the requirement that the obligation to inspect the goods after delivery also extends to any inspection certificates according to or corresponding to EN 10204, and defects must be reported to us in writing no later than 7 days after delivery. Transport damages are only considered if noted on the delivery note and acknowledged by the delivering carrier. The reporting obligations of the General German Forwarding Conditions (ADSp) apply accordingly. Defects not immediately detectable even with careful inspection must be reported immediately upon discovery in writing.
In the event of a justified, timely defect notice, we may, at our discretion, remedy the defect (repair) or supply defect-free goods (replacement). If repair fails or is refused, the purchaser has the statutory rights. If the defect is not significant or the goods have already been sold, processed, or modified, only the right to reduce the price applies.

XI. General Limitation of Liability and Statute of Limitations
We are liable for breach of contractual and non-contractual obligations, in particular due to impossibility, delay, fault in contract initiation, and tort – including our executive staff and other vicarious agents – only in cases of intent and gross negligence; in cases of gross negligence, liability is limited to the foreseeable, contract-typical damage at the time of contract conclusion. The maximum recognized foreseeable, contract-typical damage is the purchase price of the goods for which the breach of contract is claimed. Otherwise, our liability, including for defects and consequential damages, is excluded.
These limitations do not apply to culpable violations of essential contractual obligations, the violation of which endangers the achievement of the contractual purpose, or whose fulfillment enables the proper execution of the contract and on which the contract partner regularly relies. Furthermore, these limitations do not apply to culpably caused damage to life, body, and health, nor if and to the extent we have assumed a guarantee for the condition of the sold goods, as well as in cases of mandatory liability under the Product Liability Act. The rules on the burden of proof remain unaffected.
Unless otherwise agreed, contractual claims of the purchaser arising from and in connection with the delivery of goods expire one year after delivery of the goods. This applies, deviating from § 445b para. 1 BGB, also to any claims under § 445a para. 1 BGB, unless the last contract in the supply chain is a consumer sale. For any claims under § 445a para. 1 BGB, § 445b para. 2 BGB applies with the deviation that the suspension of the limitation period ends at the latest three years after we delivered the goods to the purchaser, unless the last contract in the supply chain is a consumer sale. Our liability and the statute of limitations for claims related to goods used according to their usual purpose for a building and causing defects, from intentional and grossly negligent breaches of duty, culpably caused damage to life, body, and health, cases of mandatory liability under the Product Liability Act, and – with limitations of the preceding sentences 2 and 3 – the statute of limitations of legal recourse claims remain unaffected. In the case of subsequent performance, the statute of limitations does not start anew but is suspended until three months after performance.

XII. Export Control / Sanctions
By concluding the contract, at the latest upon acceptance of delivery, the purchaser assures that he will not conduct business with the goods supplied by us that violates applicable statutory export regulations and/or applicable EU sanctions and, in particular, will only carry out onward deliveries, transports, and exports of the supplied goods in compliance with applicable legal export control provisions.
The purchaser undertakes to ensure that no persons, organizations, or institutions listed on the current EU and UN anti-terror and sanctions lists, or on comparable lists of other governments (especially US Denied Persons List, US Entity List, US Specially Designated Nationals List, US Debarred List), are involved in the contract execution or benefit from it.

XIII. Customs Quotas
If we import goods intended for the purchaser into the territory of the European Union, customs quotas may apply according to Implementing Regulation (EU) 2019/159 of 31.01.2019 in its current version or a successor regulation, where an additional duty is imposed if the quota is exhausted.
Our obligation to import goods into the EU and the agreed delivery date are therefore subject to the condition that the relevant customs quota is not exhausted or critical at the time of intended import and that no additional duty or security deposit is imposed. Otherwise, we are entitled to postpone the delivery date by up to 3 months until import is again possible without additional duty, e.g., because new quotas are opened. The costs of storing the goods until import are borne by the purchaser.
If we import the goods and the customs quotas are already exhausted, critical, or overbooked, without this being discernible to us on the day of import through publicly available documents, the purchaser bears the resulting additional duty (proportional share) or security deposit. We are entitled to charge these additional costs on top of the agreed purchase price.

XIV. Special Conditions for Contract Work on Provided Third-Party Material
The client must deliver the material to us free of charge. He bears responsibility that the material has suitable properties and quality for the intended purpose and for the processing to be performed by us. The material designation (short name or material number), mechanical-technological properties, dimensions, and weights must be accurately described when placing the order.
If the supplied materials prove unsuitable during processing or unforeseen damages must be remedied, the costs incurred are to be reimbursed to us.
If provided material becomes defective or unusable due to incorrect processing by us, our liability is limited according to section XI to the contract value of the respective contract work. The client is entitled in this case to processing replacement material to the extent of the original order or to reduce the agreed remuneration for processing.
We assume no liability for defects arising from technical specifications provided by the client.

XV. Place of Performance, Jurisdiction, Applicable Law, Data Protection, and Consumer Dispute Resolution
The place of performance for our deliveries and for the purchaser’s payments is our company headquarters. If the purchaser is a merchant, a legal entity under public law, or a special fund under public law, or has no general jurisdiction in Germany, the exclusive – including international – jurisdiction for all disputes arising from the business relationship is our company headquarters. We are also entitled to sue purchasers domiciled in the EU at any other general or special jurisdiction according to the EU Regulation on Jurisdiction and the Recognition and Enforcement of Judgments (EuGVVO).
For all legal relationships between us and the purchaser, the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) of April 11, 1980.
Customer data is stored and processed by us in accordance with the GDPR.
Our company does not participate in consumer arbitration procedures under the Consumer Dispute Resolution Act.