|General terms and conditions for resellers |
1. General guideline
All contracts established between our customers and us are based on our terms and conditions. Varying buyer’s conditions are not mandatory for us. Our terms of delivery and payment are valid for all commercial operations and dealings, without a specific statement related to the individual contract. They are mandatory for every commercial operation, as long as no other terms are agreed upon in writing. The transmission of other terms and conditions through the ordering party is not considered as an objection. Any sub- oder side-agreement will need our written confirmation.
2. Quotations and ordering procedure
Our quotations are without engagement regarding price, quantity, delivery time and availability. Orders will be legally binding if submitted in writing or confirmed through a confirmation of order through us. The same applies when delivery of goods was affected with a delivery note and/or invoice. Any sub- oder side-agreement will need our written confirmation.
Our quotations are to be understood ex works, excluding packing in EURO, US Dollar and GBP. German VAT will be added if no VAT Number is submitted through the Buyer. Merchandise will be charged with prices as agreed. Eventual increases in postage and carriage fees are for buyers account, also if carriage free of charge was agreed. Minimum order value: € 300.- US $ 350.- GBP 250.-
4. Delivery and Shipping
We strive on earliest possible delivery, yet, we cannot accept fixed delivery dates. Partial shipments are allowed. Our obligation is at rest, as long as outstanding payments are not settled. In case of doubts regarding the buyer’s ability to meet financial obligations, we reserve the right to demand cash in advance or securities before delivery is affected. In the event of force majeure, lack of raw materials or interruption of operations at suppliers or transport companies delaying or disrupting the production, supply or delivery of goods partially or completely, we are entitled to cancel or delay delivery. Compensation claims cannot be accepted. All merchandise is shipped at buyer’s risk, no matter which of the parties is taking over the costs of transportation. Mode and sequence of despatch at our choice. In case the buyer is asking for different methods of transportation, we can comply but wish to point out that the difference in costs exceeding the least expensive method will be for buyers account.
Any claims can be regarded only, if notification of the same reaches us in writing within 8 days are receipt of the merchandise. Payment obligations remain in force. Slight adjust ments of up to 10% variation in weight, colour and measurements of the merchandise, occurring despite of careful production do not entitle the buyer to file a claim. The merchandise shown online may differ slightly in colour, surface or size from the original product. Proper claims will be met in our discretion with reduction, replacement, redemption against refund or repair. For replacement or repair the buyer must allow an appropriate period of time. We are not liable if the buyer refuses to grant the time period. The maximum refund shall be the buying price if the buyer can prove a quality defect in the delivered merchandise. We are not liable for any other claim exceeding the buying price.
Payment may be effected at buyers choice through:
7. Retention of title
All merchandise delivered will remain our property, until the buyer has settled all accounts payable resulting from the mutual business relationship. The buyer is entitled to possess the goods at his disposal, especially for resale, proper business dealings provided. Pledging of goods, or tender of security to third parties of the reserved goods is prohibited. The buyer is obliged to notify us immediately, if our rights are threatened or if distraint occurs. The buyer assigns his proceeds of resale of the reserved goods to us immediately, securing our demands up to the amount required. Details of resale of the reserved goods are to be submitted on demand, especially concerning full name and address of the acquirer.
8. Place of fulfilment
Place of jurisdiction and fulfilment for the seller’s liability is the place from which delivery has been affected. Place of jurisdiction and fulfilment of the buyer, especially regarding payment, is Dessau/Germany. Place of jurisdiction for all legal disputes occurring from this contract is known by stating the supplier’s principal office. German law applicable for privity of contract between buyer and seller.