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AGB´S |
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General
Our services shall be governed exclusively by the following terms and conditions. Any deviating terms and conditions of our customers shall only be binding on us if we have acknowledged them in writing. Our silence shall not in any case turn them into terms of contract. With the conclusion of the first contract, our customers shall recognise the application of our terms and conditions also for all repeat business.
Conclusion of Contract
Our offers shall always be without obligation; orders placed with us shall only become binding on us upon our written confirmation or by the fact that we execute them.
Representations, collateral agreements and changes to the contract shall always require our written confirmation in order to become effective. We reserve the right to make factually and technically justified modifications to our goods in relation to our samples.
Prices, Terms of Payment
Unless otherwise agreed, our prices are, as a matter of principle, plus packaging, transport insurance, despatch expenses and VAT. In the event that the execution of an order is delayed for more than 3 months for reasons for which we are not responsible, we shall be entitled to add incurred material and/or wage increases to the agreed price.
Our invoices shall be payable - without deduction - within 30 days of the date of the invoice. The deduction of discount shall require a special, written agreement. Bills of exchange shall not be accepted; cheques shall only be accepted as payment.
In the event of default in payment we shall be entitled to charge default interest in the amount of 4% above the relevant discount rate of the Deutsche Bundesbank. Set-offs shall not be allowed unless against counterclaims which arose from the same contract and which were recognised by us or have become res judicata.
Delivery, Risk of Loss
The specified delivery times are only approximate, whereby they will, however, be met as far as possible; we expressly reserve the right to deliver in instalments.
The agreed delivery periods shall be extended appropriately in the event of performance impediments for which we are not responsible, such as strikes, force majeure etc.
Delivery shall be made at the expense and risk of the customer by post or as general cargo, carriage forward ex works. The risk shall pass to the customer upon delivery of the goods to the forwarder, carrier or collector - however at the latest upon leaving the warehouse or works. The forwarding route and means of transport shall be left to our choice excluding all liability.
Notification of Defects
Visible defects shall only be recognised by us if they are notified within 8 days of receipt of the goods (§377 HGB [commercialcode]). In the event of timely, justified notification we shall be entitled to remedy the defects or deliver substitute goods at our option.
Retention of Title
Title to the delivered goods shall remain vested in us as reserved goods until all existing claims arising from the business connection have been paid. The customer´s claims arising from reselling the reserved goods are already now assigned to us.
We undertake that, at the customer´s request, the securities to which we are entitled shall be released by us to the extent that the value of our securities exceeds the claims to be secured by more than 20%. Our taking back the goods shall not constitute withdrawal from contract unless we have expressly declared this in writing.
Place of Performance, Jurisdiction, Applicable Law
Insofar as the customer is a merchant who has been entered in the Commercial Register (Vollkaufmann), Cologne shall be the agreed place of jurisdiction. The place of performance shall be Cologne. The relationships between ourselves and the customer shall be governed exclusively by the laws of the Federal Republic of Germany. |
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Warenkorb |
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