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Conditions of Use

Terms and conditions of Eijkelkamp

Our "small print":

I. General

1. Our deliveries, services and offers are subject exclusively to the following conditions, where deviations of us have not been confirmed in writing. Other terms and conditions do not apply even if we do not contradict them, and the contract is executed. The following terms are agreed part of all contracts concluded with us. They apply to future purchase contracts and business relations, even if they are not explicitly included.

2. These conditions are not our business content matching conditions of our business partners are only binding if they are in the contract accepted by us in writing. Confirmations of the customer with an appropriate note on the terms and conditions is expressly prohibited.

II deals

1. Our offers are always subject to change. Orders are only binding if we confirm them in writing or fulfill them by delivering the product or service is performed, oral agreements only if we confirm them in writing.

2. Declarations of acceptance and effectiveness of the orders require full written confirmation. This also applies to changes and side agreements.

3. Information in brochures, advertisements, etc. are inclusive of the price only exist if expressly agreed in writing.

4. The conclusion of framework agreements made with the proviso that these must be specified accordingly. If the agreed delivery quantity from the buyer is not specified, we reserve the right, after an unsuccessful call to specify the remaining deliveries in its sole discretion to make, to demand compensation for the price accepted is the minimum amount or compensation to be calculated. The maximum term of these contracts is 1 year.

III. Delivery, delivery times, delivery

1. Our dates and deadlines are not binding unless an express written record was made.

2. The delivery period begins on the date contained in the order confirmation, but not before all contract provisions. It ends with the date of dispatch by us, unless that firm delivery dates are confirmed. If desired by the customer to change the start of the delivery time be determined by the date of the change confirmation. Order and confirmation of the change created by us immediately.

3. As far as we are not more difficult circumstances for the fulfillment of accepted orders, delay or make impossible, we have the right to postpone the contract performance / power balance for the period of disability or the obligation in whole or in part, be repealed. To these we can not represent particular procurement, production or delivery disorders are with us or our suppliers as by government action, traffic delays, strikes, lockouts, etc. claims of the buyer are excluded, unless we are guilty of intent or gross negligence. The customer may cancel the contract only if it in writing after an extended period of 3 weeks is an appropriate extension. The resignation must be in writing, if we do not perform within the grace period.

4. If the customer with the payment of a previous delivery in arrears we are entitled to withhold deliveries without being obliged to compensate any damage incurred.

5. The choice of route and means of transport is left to us. The transport at the expense and risk.

6. The risk passes to the buyer when the shipment is handed over to the person performing given or sent to our factory or warehouse has left.

7. Provided the Purchaser wishes we shall cover delivery by transport insurance; this regard shall be borne by the purchaser.

8. We are entitled to partial delivery.

9. The delivery of the person signing is authorized against us than to accept the goods and confirmation of receipt. These persons are authorized to acknowledge the sheet by signing the delivery note.

10. You have the option to return within 14 days of the ordered goods.
This does not include deliveries of special products, ie Products or services that do not fit into our standard product framework and delivery of products which is a separate order by fax or telephone are essential.

IV Prices

1. Our prices are ex stock (FOB), packing and freight costs. The statutory VAT is added.

2. The calculation is done on the day of the current power prices, provided as no special agreement was made. Is removed during retrieval or futures contracts within the agreed period only part of the agreed amount, we shall be entitled, at our discretion, either for the supplied part of the force in the lot size to charge the price or to deliver yet uncalled amount and calculate .

3. VAT will be shown separately on the invoices and collect from the purchaser.

V. Payments

1. Our bills for domestic deliveries are due within 10 days from invoice date with 2% discount or within 30 days net. Repair and other services are due immediately and without any deductions. Bill or check valid after it is cashed. Exceeding the payment period, subject to the assertion of further interest at the normal bank debit interest, at least 3% above the European benchmark interest rate for the period of the residue is calculated without the need for a formal notice of default. Setting off the Supplier is not recognized any counter-claims are not allowed.

2. If after acceptance of an order of circumstances which constitute an objective lack of creditworthiness of the buyer, we may be delivered only against advance payment or security, where our performance was doubtful because the objective of creditworthiness. After a warning and a grace period pain, we are entitled to cancel the contract. This is particularly the case when set against the customer request for the furnishing of the affidavit or declaration of bankruptcy.

3. We are entitled at any time for goods supplied to demand immediate payment or security deposit, or withdraw for any necessary warning and deadline with the threat of rejection of the contract if the buyer is objectively unworthy of credit and our performance was doubtful.

4. We are also entitled to if the buyer is two consecutive installments in arrears, and we in him unsuccessfully a two-week deadline to pay the outstanding amount with the explanation to make due with failure to pay the entire outstanding debt, have set the total outstanding amount immediately plus additional requirements due. We also have the right to refuse fulfillment of any advance outstanding services and (or) the contract. As far as the customer is an entrepreneur himself, we may also provide for delay of payment in the total outstanding amount including additional requirements for immediate payment or advance settlement are rejected outstanding services and (or), granting a grace period of 10 days from the contract.

5. The buyer is entitled to a deduction only for the legal case that the counterclaim is undisputed or legally binding.

Vl. Retention of title

1. Until the full cash payment of the purchase price including unbilled sales tax, and until all in the time of delivery in, or later claims resulting from the purchaser or by check or change to the entrance of securitized by them amount, we reserve the title to the goods delivered - conditional goods - before. This is true even if individual claims are included in current accounts and the balance and accepted.

2. In the event that the purchaser sells the reserved commodity, is already at the conclusion of the contract agreed that the force resulting from the sale purchase price passes, including the VAT invoiced in full to us.

3. Exceeds in some cases obtained by our assignment security the value of our total debt by more than 20%, we are duty bound to return assignment.

4. The buyer is entitled to sell the goods only on the condition that the purchase order price goes according to the above provisions to us. Among other rulings, the purchaser is not entitled to further particular credit assignments.

5. As long as the customer meets his payment obligations to us properly, he is authorized to assigned claims in trust to collect for us. The proceeds will also advise on recovery wise to immediately pay over to us. For violations of these obligations, we are entitled to the garnishee under submission by the Purchaser about the written instrument of the assignment and collect the debt in his name.

6. The customer must inform us of all third parties, especially for seizure of our property right applies, immediately report this to.

VII warranty and defects liability

1. The warranty period for all purchased new equipment and facilities and services provided shall, unless otherwise agreed in writing, 24 months from the time of delivery / shipping date or notice to the purchaser on the completion of the service. We only warranty for those newly manufactured items that are past due to faulty materials or poor workmanship in their fitness.

2. Visible defects must be notified within 2 weeks from the time of collection or for lack of acceptance from the shipping date.

3. Concealed defects are discovered in any event within the warranty period of 24 months from the time of delivery / shipping date or notice to the purchaser on the completion of the work, writing.

4. Our deliveries are to be checked after the receipt of their regularity. Insufficient or incorrect deliveries or any obvious defects must be made within 2 weeks, only immediately be made in writing by entrepreneurs. Non-obvious defects within one year of claim.

5. Such notices shall be in writing.

6. Our warranty obligation is limited, at our option to replacement, rescission (cancellation of the contract), reduction (reduction of payment) or improvement.

7. If claims are justified, we reserve the right to make our discretion repair or replacement. In the case of the remedial measures we bear the expenses only up to the amount of the purchase price. A high degree of liability, particularly for damages which have not occurred in the delivered goods themselves, is excluded if we are guilty of gross negligence. This does not apply to injuries to the body, health and life.

8. The warranty does not cover normal wear and not to damage resulting from faulty or negligent handling, excessive strain, unsuitable equipment, electro-mechanical or electrical influences, which are not provided under the contract.

9. Discussions take place without any obligation by our staff. They are based on the present state of our knowledge and experience and are given in good faith. Liability claims apply only to the extent that if we can or gross negligence can be proven.

10. We are liable for damages, for whatever legal reason, in case of intent or gross negligence, if there is a written guaranteed property or breach of a fundamental obligation that is reaching the purpose of the contract at risk. Where permitted by law, our obligation to pay damages is limited to the invoice value which caused the damage in the event which directly concerned the quantity of goods. Liability under the Product Liability Act remains unaffected. We are not liable for lost profits and damage to property of the customer, which for example incurred in connection with a failure of the goods if the customer's system chosen combination does not meet its needs or the intended results are not achieved, unless mandatory legal rules where a liability for intentional or gross negligence, this liability limitation.

VIII Jurisdiction

As an explicit general jurisdiction for deliveries and payments, and for any disputes arising between the parties is our business. We are entitled to sue at the place of business.

IX. Effectiveness

If any of these conditions - for whatever reason - not to be fulfilled, then the validity of the remaining provisions shall not be affected. Supplementary to these conditions in case of dispute, from the National Association of Electrotechnical Industry Association recommended standard conditions and performance conditions for products and services in the electrical industry.

In the German language provided herein Policies are official. The English translation is provided only as a customer service. If not, the English and German versions match, the German version is authoritative and is going on.

Zeitz, 1.1.2009