Sales,Delivery and Payment Terms
Sales, Delivery and Payment Terms
All offers and contracts are subject to our Sales, Delivery and Payment Terms. Deviating conditions of the purchaser are only effective if they are confirmed in writing by us. Orders under € 200 are only able to be processed with a small quantity surcharge of € 4.95.
2. Prices and delivery
Our prices are net, non-binding and freight collected from Gerhardshofen, plus the current legally valid rate of VAT. Exterior packaging will be calculated and charged at cost price.
We supply free of charge per assignment, delivery and unloading
- from € 1,000 order value (net) within Germany, except island cargo.
- from € 2,000 order value (net), delivery to German islands is free.
- from € 2,000 order value (net), delivery abroad is free up to the German border.
The choice of transport carrier remains our own. In the case of carriage-paid deliveries with our truck, the buyer is billed 5% transportation costs.
Deliveries are made on account and at the risk of the purchaser, also in the case of carriage-paid deliveries. The shipment is performed at our discretion in the cheapest manner. If a buyer requires a special delivery service, he is responsible for additional costs. We are entitled to make partial deliveries any time; the shipping terms for an assignment apply also to possible partial and subsequent deliveries. If an order is placed and then cancelled by the buyer before delivery, we are entitled to bill the buyer for costs already incurred.
The referred to delivery times are not binding. Claims for damages or other claims due to delayed delivery are excluded: also after the expiry of an extension period specified by the buyer. Complaints are only able to be considered within 8 days of the goods receipt. Transport damage must be reported, immediately after receipt, to the transport carrier. Carriage-paid returns will not be accepted. If the buyer does not accept the ordered goods or these cannot be delivered, all costs incurred by the goods’ return and the possible cancellation of shipment will be charged to the purchaser. In the case of justified complaints, an exchange will take place; there is no entitlement to credit. Items under € 2.00 are excluded from exchange. We guarantee the faultlessness of our items for the period of one year from delivery. We reserve the right to change the colour and design of the items. All size information relates to approximate dimensions.
3. Payment terms
All invoices are payable within 10 days with 2% discount or 30 days net respectively from the date of invoice. For prepaid delivery (payment within 8 days), cash on delivery and bank direct debit we grant a 3% discount. The payment only applies as having taken place when we have definitively received the respective amount; in the case of bank debit and cheques only when we have been irrevocably credited.
In the case of default of payment on the part of the purchaser, all our existing requirements against him become immediately due for payment in cash, irrespective of the previously granted payment terms. The same applies if we become aware of circumstances which call the credit-worthiness of purchaser into question.
Unjustified deductions will under no circumstances be recognised and in every case subsequently requested. If the payment period is exceeded, we will apply the usual bankable default interest. Our representatives are only authorised to collect if they are able to show appropriate authorisation.
4. Retention of ownership
The delivered goods remains ours until full payment. Furthermore, we supply under extended and expanded retention of ownership. The Purchaser may not pledge the retained goods or use them as security. Should seizure, arrest or insolvency procedures by a third party threaten, the buyer must inform us forthwith and reserve ownership of the goods against seizure. Should he fail to do this, he is liable (with regard to legal persons, also those of their legal representatives) personally for all disadvantages arising therefrom.
The buyer assigns to us, in advance, all his receivables from the onward sale of the goods delivered and commits himself, on inquiry, to inform us forthwith of the name and addresses of his customer. We are entitled to disclose to these customers the advance assignments and collect any liabilities.
The supply of cheques as well as the permission for a bank direct debit represents no fulfilment of the purchase price by the buyer. Our retention of ownership thus remains until the cheque or direct debit amounts are irrevocably credited to us.
5. Place of performance and jurisdiction
Place of performance and jurisdiction for both parties is Neustadt/Aisch, inasmuch as the buyer is a businessman in the sense of the law. This applies also in the event of dunning. The contractual relationship is subject to German law. The provisions of the Vienna-UN convention from 14/04/1980 regarding treaties on the international sale of goods is not applicable.
6. Information for online dispute resolution
The EU Commission has created an internet platform for online dispute resolution (ODR-platform) concerning consumer disputes (online sale contracts and / or online service contracts). This platform serves as a contract point for settling the above mentioned disputes out-of-court. You can access the platform by using the following link: http://ec.europa.eu/consumers/odr (in English). We are neither willing nor obliged to participate in duspute resolution proceedings before consumer arbitration boards.
Should a provision of the above sales, delivery and payment terms become void due to an infringement of legal regulations, the effectiveness of other regulations remains unaffected.