General Terms and Conditions Act [law]

Here you can download our terms of business as an PDF File PDF-document

1. Offers
Our offers are made on condition that a valid contract relating to an order based on an offer of ours is subject to a written acknowledgment by us.

2. Orders
Orders we receive are dealt with on our business terms exclusively. Exceptions to this rule require our express written approval; this approval of terms other than our regular binding terms of business is not valid unless it is expressly stated in our written acknowledgment of an order. Owing to internal procedures additional orders are treated as new separate orders likewise subject to our regular terms of business.

3. Delivery
Our obligation to deliver ceases and we are free to cancel a contract, if proper and on time internal delivery has failed to occur or if for other reasons delivery for us becomes impossible or unreasonable. In this case claims against us by the buyer - legal claims on any legal grounds, especially claims for indemnification - are excluded.

4. Prices
All prices stated in our price lists and our offers are subject to change without notice. The prices stated in the price list valid at the time of delivery are the prices agreed upon to which are to be added the proper amounts of domestic value added tax current at the time of delivery; the pricing terms refer to delivery "ex factory" in all cases.

5. Units of delivery
The ordered goods are exclusively delivered in those packaging units of delivery stated in the price lists or offers. All ordered volumes of goods that do not consist of one or more whole number(s) of these units are rounded up to the next highest whole number.

6. Forwarding
The forwarding of the goods is undertaken at the sole expense and at the sole risk of the ordering party - this applies in particular to risks related to transport. The mode of forwarding is chosen by us at our discretion; we are not obliged to choose the mode of least expense. The amount charged for the packaging is equivalent to the cost price paid by us. We have legally fulfilled the stipulated time of delivery the moment the goods have left the factory or a depot or have been handed over to a forwarding agent.

7. Number of items
Surplus or short deliveries of ± 10 % are no grounds for complaint on the part of the ordering party.

8. Payment
The date of payment is that stated in our written acknowledgment or in the original bill. As long as due payments have not been met any discount of any kind is excluded. In the event of the date of payment being exceeded all outstanding payments are due at once. Bills of exchange or cheques do not constitute payment until they have been cashed by us. We reserve to ourselves the right to hand back bills of exchange at any time. In the event of a delay in payment we reserve the right to charge interest for default equivalent to the amount of interest customarily charged by banks at the time. This does not preclude the possible charging by us of further interest for default.

9. Complaints
Complaints and objections of any kind, especially those related to the quality or quantity of items delivered will be considered only if they are lodged in writing within a week after receipt of the goods. Complaints about consignments with items damaged or stolen must be lodged immediately with the forwarding agent upon receipt of the goods; the complaints must state the number of items damaged or missing. Should complaints relating to the quality of items be legitimate, replacement items will be sent, at no charge to the ordering party, if the quality-deficient items are sent back to us. Additional claims to cancellation of the order, reduction of the price or for indemnification are excluded; in the event of a failure or impossibility on our part to ensure subsequent improvement or to deliver the replacement items, the ordering party - inasmuch as failure or impossibility is the case - has a right to cancel the order or to purchase at a reduced price. However, in these cases too all claims for indemnification are still excluded. We are not liable for consequential damages unless there is proof of premeditation or gross negligence on our part.

10. Reservation of proprietary rights
We reserve the proprietary rights to the delivered goods until all due payments arising from the contract with us have been met. These proprietary rights extend to all possible products created from or incorporating goods delivered by us. In the event of our goods being processed or combined with other materials we obtain a proprietary right to the new product(s) in proportion of the value of our goods to that of the value of the materials it/they has/have been combined with. In this case the buyer is considered the custodian of our goods. The customer is not permitted to dispose of the delivered goods to which we retain the proprietary rights or of possible new wares that come about through resale of our goods other than in accord with legal business practices. The debts owed to the customer through the resale of our goods or for any other reason are ceded to us as collateral. However the customer is entitled to collect the debts owed to him as long as he meets his or her contractual obligations of payment to us at the same time. The customer is obliged to report to us immediately the amounts of debt collected by him or her, as his or her debts have been ceded to us owing to our reservation of the proprietary rights to our delivered goods or for other reasons. We are entitled to demand security or advance payment or to cancel a contract if circumstances come about or come to our attention which seem to indicate to us that the recovery of our debts might be jeopardized.

11. Return of goods
The returning of goods requires our permission. If our prior permission has not been given we can refuse to accept the returned goods or hold the goods at the sender´s disposal. In case of acceptance the returned goods will either be replaced or the sender will receive a credit note amounting to the present value of the goods minus a 10% handling fee. In the case of articles that as to their design, shape or execution are no longer produced by us no replacement or credit note issue is possible.

12. Place of Delivery / Place of Performance of Payment / Place of Jurisdiction
The place of delivery is the place where the goods are for the purpose of delivery or, if a handing over has been agreed upon with the ordering party, the place of their handing over to the ordering party. If the ordering party itself chooses to dispatch the goods, this circumstance does not change the place of delivery. The place of performance of payment by the ordering party of the purchasing price or of the price for other services is our official location of business. The place of jurisdiction is Flensburg.

13. Storing of Data
We hereby inform you that in accordance with § 26 of the Bundesdatenschutzgesetz (BDSG; = Federal Data Protection Law) we will electronically collect, store and process data relating to you that are necessary for us to conduct business with you.

14. Transport damage
Despite careful packaging damages to goods can occur regardless of which mode of forwarding has been chosen. So that you may be satisfied at all times please abide by the following rules. If you do not abide by these rules we reserve the right to charge you for the delivered replacement items what we would charge you for newly and separately ordered items.
1. In the event of externally visible damage to the goods do not sign any written acknowledgment of the receipt of the goods!
2. In the event of the damage to the goods not being externally visible and the damage not being detected until the packaging has been removed a complaint must be lodged with the forwarding agent within three days of receipt of the goods. If necessary the forwarding agent in question must be made to take stock of the delivered goods. Most forwarders however refuse to take stock of the delivered goods and rely on what is termed the "pure receipt" (signed way-bill). Therefore it is advisable that you unpack the goods in the presence of the delivering driver. Should the driver refuse to be present while the goods are being unpacked please have him or her sign the following note : "consignment accepted provisionally - driver refuses to attend the unpacking of the goods."
3. In all cases the consignment must remain in the state it was when the damage to the goods was detected.
To ensure that your claim is settled quickly by us we require of you:
1. The original way-bill (if you wish, a photocopy of the document will be returned to you immediately)
2. A written statement by the forwarding agent as to facts.
3. A declaration of assignment by you (this does not entail any obligations on your part).
In the event of damage you will be informed at short notice as to how we intend to deal with your case.

15. The terms in general
Should any part of these general terms of business now or in future become void or inoperative this does not affect in the least the validity of any other part of these terms. The part of the terms made void or inoperative is to be replaced by a term such that the legal or economic purpose intended by the original now void or inoperative term is preserved as closely as possible. Any contract between us and an ordering party on the basis of these general terms of business makes these general terms of business a legally binding part of any further contract between us and the said party without these terms having to be made explicit in each case.

Here you can download our terms of business as an PDF File PDF-document

 

 

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