The following General Terms and Conditions apply to all contracts concluded between us and the customer. Our General Terms and Conditions shall apply upon conclusion of the contract, even if the customer refers to his terms and conditions of purchase. The contract is concluded with the confirmation of the order by us via fax, e-mail or letter.
Deliveries and services shall always be made at the conditions and prices valid on the day of performance, plus the applicable value-added tax. The prices of raw materials are subject to fluctuations which we cannot predict or influence. We therefore reserve the right to change our conditions at short notice. All supplier-related increases occurring after our offer or after the conclusion of the transaction shall be borne by the customer. We will prove the resulting cost increase to the customer upon request.
3. delivery periods
The delivery times stated by us are non-binding. If we do not deliver the goods at the latest four weeks after the stated delivery time, the customer may request delivery from us in writing within a reasonable period of time. Claims for compensation due to delayed delivery shall only be considered in cases of intent or gross negligence. In cases in which we are not responsible for the impediments to performance, in particular in the event of disruptions in energy supply or traffic, imposition of an embargo, operational disruptions, industrial disputes, delayed or failed self-supply as well as in other cases of force majeure, the delivery time shall be extended by the duration of the respective impediment to performance. If fulfilment of the contract becomes impossible for the reasons stated, we shall be released from our obligation to deliver.
4. property rights of third parties
The customer shall be responsible for ensuring that the refinements ordered, in particular the attachment of trademarks, company logos, logos, a commissioned special cut or a concretely desired colour combination, as well as the other specifications specified by him such as shape and dimensions, design or technical solutions do not infringe any copyrights or other industrial property rights of any kind due to third parties. The customer shall indemnify us against all claims and demands asserted by third parties as a result of any infringement of industrial property rights of third parties resulting from the aforementioned risk area of the customer.
5. packaging and dispatch
Packaging and shipping costs will be charged separately. All shipments travel at the risk of the customer. If no specific instructions for dispatch have been issued at the time of ordering, this shall be done to the best of our knowledge and without any responsibility on our part. Shipments whose external appearance indicates damage (transport damage) to the contents are only to be accepted subject to claims for damages against the transport company and any damage found is to be reported to the transport company.
6. retention of title
All goods delivered by us remain our property until full payment has been made. Until then, they may only be sold and processed in the ordinary course of business, but not pledged or assigned as security. Until the goods have been paid for in full, the customer assigns to us all claims (including ancillary rights) arising from the sale of the goods delivered by us upon acceptance of the goods. In the event of the sale of processed goods, the customer assigns the claims in the amount of the value of the goods delivered by us. If the value of the securities granted to us exceeds our claims against the customer by more than 50%, we shall be obliged, at the customer’s request, to retransfer and release securities of our choice.
7. terms of payment
Our invoices for deliveries of goods are due immediately and, unless otherwise agreed, are payable net cash within 10 days of the invoice date. The customer is in default if he does not pay within 10 days of the due date and receipt of the invoice. Cheques shall not be deemed payment until they have been cashed. In the event of default in payment, we shall charge interest at a rate of 8% above the base rate of the European Central Bank. If the customer is a merchant, we shall charge this interest rate from the date on which the payment deadline is exceeded. We reserve the right in certain cases, in particular if doubts about the customer’s performance become apparent after conclusion of the contract, to effect deliveries and services only against cash in advance, cash on delivery or cash on delivery.
8. complaints and material defects
Complaints must be made immediately. The goods complained of shall be returned freight, postage and expenses paid. If the goods have defects for which we are responsible, we shall be entitled, at the purchaser’s option, to remanufacture the goods or, where possible, to remedy the defect within a reasonable period of time. Only if the new production or rework fails, the customer can reduce or withdraw from the contract. In the case of orders placed by telephone, no liability is assumed for the correctness of the reproduction. For all deliveries we send samples in advance for inspection and approval. If the customer should waive a sampling or agree to the digital photo, the samples are considered released. Later complaints do not justify any claims for compensation and do not entitle the customer to reduce the invoice amount. No liability is assumed for goods sent in. This also applies to the processing of the goods. Return and exchange of individually manufactured defect-free goods is excluded.
We shall only be liable for damages if*
liability is mandatory, e.g. under the Product Liability Act or in cases of injury to life, limb or health,
* we have violated a guarantee granted by us,
* the damage is due to gross negligence or intent or if*
we have culpably violated an essential contractual obligation (cardinal obligation), i.e. an obligation the fulfilment of which gives the contract its character and on which the customer may rely.
In all other cases our liability for damages is excluded.
10. trademark use
We are entitled, for advertising purposes and/or for press releases, to publish the customer’s trademark and company name as well as the ordered product and details for ordering and to use them in our catalogues.
11. place of performance, place of jurisdiction
Place of performance for deliveries and payment is Buchholz in der Nordheide. Tostedt shall be agreed as the place of jurisdiction. Should any of the above provisions be invalid, this shall have no effect on the validity of the remaining provisions.
Status: November 2011