Sales,Delivery and Payment Terms
Sales, Delivery and Payment Terms
1. general information
The contractual language is German. If the contract and/or these General Terms and Conditions are translated into another language, only the German version of the contract and these General Terms and Conditions shall be binding.
Our terms and conditions of sale, delivery and payment form the basis of all offers and contracts. Deviating conditions of the buyer are only effective if they have been confirmed by us in writing. Counter-confirmations of the buyer with deviating conditions are therefore invalid.
Changes in colour, design, quality, form or weight are unavoidable and do not constitute a defect. All size specifications refer to approximate dimensions.
2. conclusion of contract
Our field staff are only authorised to accept orders, not to conclude sales contracts. The contract is concluded with the seller's declaration of acceptance (order confirmation) and according to its contents or by delivery. If a placed order is cancelled by the buyer before delivery, we are entitled to charge the buyer for costs already incurred.
3. prices and delivery
Our prices are net, subject to change until conclusion of the contract, ex our warehouse, plus the statutory value added tax.
Orders up to an order value (net) of 200.00 EUR can only be processed with a minimum quantity surcharge of 5.95 EUR.
We deliver free of charge per order, delivery date and unloading point
· from 1.000,00 EUR order value (net) within Germany, except island freight.
· from 2.000,00 EUR order value (net) to German islands.
· from 2.000,00 EUR order value (net) free German border.
If samples are delivered, their quality is not guaranteed. The same applies to the information of analyses. However, we shall endeavour to deliver products with the same properties as the samples, for the properties stated in the analyses. The delivery is carried out on account and risk of the buyer, also in case of carriage paid deliveries. Dispatch will be made at our discretion by the most favourable route. If the buyer requests a special mode of shipment, additional costs will be charged to the buyer. We are entitled to make partial deliveries at any time; the delivery conditions for an order also remain valid for possible partial and subsequent deliveries.
The stated delivery times are not binding. Claims for damages or other claims due to delayed delivery are excluded even after the expiry of a grace period specified by the buyer. Complaints can only be considered within 8 days after receipt of the goods. Transport damages must be reported to the carrier immediately after receipt of the goods. Unfree returns will not be accepted. If the buyer does not accept the ordered goods or if the goods cannot be delivered, all costs incurred with the taking back of the goods and the possible dissolution of the shipment shall be borne by the buyer. In the case of justified complaints, the goods will be exchanged and there is no right to a credit note. Articles under 2,- EUR are excluded from exchange. We guarantee that our articles are free of defects for a period of one year from delivery.
4. terms of payment
All invoices are payable within 10 days with 2% discount or 30 days net, in each case from the date of invoice. We grant a 3% discount for delivery against prepayment (payment within 8 days), cash on delivery and bank debit. Payment shall only be deemed to have been made when we are finally able to dispose of the amount; in the case of direct debit and payment by cheque, only after the amount has been irrevocably credited to our account.
If the buyer is in default of payment, all our claims against him shall become due for payment immediately, irrespective of any payment terms granted. The same shall apply if we become aware of circumstances which call into question the creditworthiness of the buyer.
Unjustified deductions will not be accepted under any circumstances and will be demanded subsequently in any case. If the payment deadline is exceeded, the usual bank interest on arrears will be charged. Our representatives are only entitled to collect payments if they can provide a corresponding power of attorney. The customer is not entitled to assign claims to third parties without our written consent.
5. retention of title
The delivered goods shall remain our property until full payment, including incidental claims. We also deliver under extended and expanded reservation of title. The pledging or assignment of the goods as security is not permitted. Should a pledge, an arrest or insolvency proceedings by a third party be threatened, the buyer must inform us immediately and secure the reserved property against removal. Should he fail to do so, he, or in the case of legal entities their legal representatives, shall be personally liable for all disadvantages that we suffer as a result.
The buyer assigns all claims from the resale of the goods to us in advance and undertakes to disclose the names and addresses of his customers immediately on request. We are entitled to disclose the advance assignment to these buyers and to collect the claims for us.
The submission of cheques as well as the approval of the bank debit by the buyer does not constitute fulfilment of the purchase price debt. Our reservation of title shall thus remain in force until the cheque or direct debit amounts have been irrevocably credited to our account.
Documents, article information, photographs and objects, such as drawings, texts, logos, illustrations, image/sound recordings, samples or models (hereinafter individually and collectively also referred to as "materials"), which we provide to the customer in connection with our offers, remain our property.
6. place of performance and jurisdictionThe place of performance and jurisdiction for both parties is Neustadt/Aisch, insofar as the purchaser is a merchant within the meaning of the law. This also applies to any dunning procedure. The contractual relationship is subject to German law. The provisions of the Vienna UN Convention of 14.04.1980 on Contracts for the International Sale of Goods shall not apply.
7. Online Dispute Resolution Information
The EU Commission has created an Internet platform for the settlement of online dispute resolution (OS platform) in consumer law disputes (online sales contracts and/or online service contracts). This platform serves as a contact point for the out-of-court settlement of the above-mentioned disputes. The platform can be reached under the following link: http://ec.europa.eu/consumers/odr (in English). We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
8. partial invalidity
Should a provision of the above terms and conditions of sale, delivery and payment be null and void due to violation of statutory provisions, the validity of the other provisions shall remain unaffected.