General terms of sale and terms of delivery
(PRINZ Deutschland GmbH, hazel brook valley, state August, 2002)
1. End and contents of the contract
Only the following conditions are valid for our deliveries and other legal shops; everybody, also orally and telegraphic differently being agreements, supplements, assurances and additional agreements needs to her validity of our written confirmation.
Herewith to own shopping terms and payment terms of the buyer is expressly contradicted. Objections of confirmations are prompt, at the latest within one week to assert in writing.
The following conditions are a component of all contracts which we close with our contracting partners (buyer).
Our offers are always not-binding and non-binding, provided that they are not called expressly firm. In this case we are bound one month, calculated by the date of the offer, to this, untill expressly on offer another term is given.
Evident mistakes, Writing, arithmetic mistakes are not obliging for us. All information like mass, weights, pictures, descriptions, assembly sketches and drawings in pattern books, price-lists and other printed matter as well as on our homepage on the Internet is approximate, investigates, however, only in the best way possible and for us without obligations.
The list prices valid in each case at the time of the delivery are valid it. The prices get on, if differently given, in euro from supply depot village Gers and do not contain neither sales tax, nor cargo, dispatch packaging and assurance.
The kind of the dispatch packaging occurs according to our material-appropriate regulation. The dispatch packaging is calculated to cost of sales. It is only taken back if her return or return occurs for us gratis.
The dispatch always occurs for calculation of the buyer. Provided that nothing else is agreed, we determine means of transportation and route of transport without being responsible for the fact that the quickest and cheapest possibility is chosen. Special wishes of the buyer (e. g. , quickened dispatch kind, special packaging, agency, a certain forwarding agent) are considered against calculation of any add-on costs as far as possible.
Assurance against damages in transit, transport losses and break occurs only at explicit wish of the buyer to his loads and for his calculation. The danger goes over with every kind of the delivery on the buyer if we hand over the product to the fabric guide.
Terms of delivery are obliging only with written arrangement. Should the delivery not occur within an in writing agreed term and an adequate extension by us not be kept, the buyer is entitled to the resignation.
Compensation claims from delay damages are? as far as they were not informed of us by the buyer in writing by completion of the contract – basically impossibly. Part deliveries are allowed.
If the observance of the delivery time is not possible as a result of us of controllable circumstances, as for example natural disasters, war, fire, turmoil, interventions of high hand, energy lack, lockout or strike with us, on the routes of transport or our Zulieferanten not, the delivery time is extended just like that by the duration of these circumstances. Should the hindering circumstances continue longer than 2 months, every contracting partner is entitled to the resignation.
7. Objections, fault Rügen, returns
Objections because of recognizable defects or because of recognizably incomplete or wrong delivery are prompt to us, at the latest 8 days after receipt to inform in writing. Other defects are immediately to be informed of us after discovery in writing. With not timely communication of objections or fault Rügen the delivery is valid as approved. With timely communication the claims of the buyer after figure are directed at 8th returns may be carried out only in the agreement with us.
Undeclared or not free returns are not accepted by us. The buyer always sticks for a reduced value and bears with a return blameless by us the costs this, as well as the restorage (mind. ? 10. 00)
We provide guarantee for assured qualities and for the accuracy according to the respective state of the technology. The changes in the construction or implementation which affect neither functional ability nor the value of the ordered object are left and do not entitle to the objection. The examination of the assured quality as well as the liability for defects is incumbent upon the manufacturer and can be decided only after the entry.
If the delivered object lacks an assured quality or it is afflicted with defects which affect the value or the use suitability not only unimportant, we are obliged to repair the lack in adequate term free of charge after our choice either by finishing touches or spare delivery by the frühestmöglichen appointment.
All legal and contractual claims of the buyer which have her reason in a lack of the delivery or a quality in writing promised by us of factory-new objects (goods / goods) come under the statute of limitations a year after delivery.
With used objects (goods / goods) a guarantee is excluded.
This is not valid, as far as the legal regulations §§438 intend paragraph 1 Nr. 2, 479 paragraphs 1 and 634 a paragraph 1 Nr. 2 Civil Code longer periods of limitation.
9. Retention of title
Up to the entire payment, on payment by cheques or changes up to their irrevocable credit on our bank account, remain from us within the scope of the terms of business to delivered goods our property. With running calculation the reserved property is valid as a protection for our balance demand.
The buyer may resell the delivered goods in the proper business dealings. He is obliged to impose our retention of title on his buyers. For the cession, Verpfändung or protection conveyance is the buyer
without written approval does not authorise. If the buyer disposes of the product delivered by us, he resigns herewith by now up to the complete erasure of all our demands, to him from the disposal to originating demands against his buyers with all subsidiary rights and securities to us. We accept the cession.
If we take back the product on account of the retention of title or other reasons, the buyer is obliged to the return free of charge, he sticks for a reduced value. We are entitled to fetch these goods if we make use of our retention of title.
Our calculations for deliveries are payable with expiry of 21 days after delivery or calculation preservation without every deduction. About that going out payment terms, in particular term changes and/or discount payments, need the written arrangement. Payments are always settled on the oldest due calculation. With expiry of the payment term given on the calculation the buyer gets in the default without which it requires a separate reminder.
If the payment aim is crossed, the buyer has to pay interest on the respective demand 8% about the base interest rate sentence of the German Central Bank after §247 Civil Code.
Nevertheless, we reserve ourselves to unwind orders of ourselves to unknown or unsolvent buyers against cash payment, cash on delivery or precash. The height of the customer balance account lies in our latitude. With Nichteinlösen of cheques or changes, with payment setting as well as with introduction one of the debt regulation of serving procedure ours become to all demands? also in case of an extension? immediately due. Such circumstances entitle us further to dispatch still back deliveries cash on delivery or to ask for this precash or security. With other default we are entitled to withdraw from the contract or to require compensation because of non-fulfilment. Change payments need the previous arrangement. Payments legitimised people may be performed only to ourselves or in expressly in writing or by authority to collect. The buyer can charge only with such demands which are ascertained indisputable or legally.
11. Other claims
A liability for the damages which have originated from inexpedient or improper use, faulty assembly or initial start-up by the buyer or third, natural wear, faultily or negligent action by the buyer or third etc. is excluded.
All our consultation achievements occur without obligations, as far as they do not show a by contract assured quality. They are based on the present state of the knowledge and experiences and are given after the best knowledge. They do not release the buyer or third to convince themselves of the suitability of our products and procedures for the respective purpose. A liability claim cannot be derived from it.
12. Final regulations
Legal venue for all civil disputs between us and the buyer is the AG Kamenz, or LG Bautzen.
Place of fulfilment for all obligations from the business connection between us and the buyer is our respective seat. The business connection is defeated exclusively by the right of the Federal Republic of Germany. The regulations of the Hague agreement of 1964 through purchase and purchase are excluded.
Should single regulations of these terms of business be ineffective all or part or become, the effectiveness of the remaining regulations is not thereby touched.