Our General Terms and Conditions of Sale
We confirm your order subject to the exclusive application of our General Terms and Conditions of Sale below
Section 1 – Applicability
(1) These Terms and Conditions of Sale shall apply exclusively. Deviating or conflicting terms and conditions shall not be recognised by us unless we have expressly agreed to them in writing.
(2) These Terms and Conditions of Sale shall also apply to all future business transactions between the parties and also if we carry out the delivery of the goods in the knowledge of deviating or conflicting terms and conditions.
(3) These General Terms and Conditions of Sale shall only apply to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 (1) of the German Civil Code (Bürgerliches Gesetzbuch, BGB).
Section 2 – Offer, acceptance
If the order constitutes an offer within the meaning of Section 145 BGB, we shall be entitled to accept it within a period of two weeks.
Section 3 – Prices, payment
(1) Our prices are ex works, plus the respective amount of statutory value added tax and excluding the costs of packaging, unless expressly agreed otherwise.
(2) The net purchase price is due for payment within 14 days from the date of invoice. After the due date, interest on arrears shall be charged at a rate of 8% above the respective base rate p.a. We reserve the right to assert any further damages caused by delay.
Section 4 – Offsetting, retention
The buyer is only has an offsetting right insofar as its counterclaims are undisputed or have been established by law. The buyer is only entitled to assert rights of retention on the basis of counterclaims from the same contractual relationship.
Section 5 – Delivery
(1) The timely and proper fulfilment of the buyer’s obligations is required delivery The defence of non-performance of the contract remains reserved.
(2) In the event of default in acceptance or other culpable breach of duties to cooperate on the part of the buyer, we shall be entitled to compensation for the resulting damage, including any additional expenses. We reserve the right to assert further claims. In this case, the risk of accidental loss or accidental deterioration of the goods shall pass to the buyer at the time of default of acceptance or other breach of duties to cooperate.
Section 6 – Transfer of risk, shipment
If the goods are dispatched at the buyer’s request, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer at the time of dispatch.
Section 7 – Retention of title
(1) The goods remain our property until all payments have been received in full. In case of breach of contract by the buyer, including default of payment, we are entitled to take back the goods.
(2) The buyer shall treat the goods with care, insure them appropriately and, if necessary, maintain them.
(3) Insofar as the purchase price has not been paid in full, the buyer must inform us immediately in writing if the goods are encumbered with third-party rights or exposed to other third-party interventions.
Section 8 – Warranty
(1) The prerequisite for any warranty rights of the buyer is its proper fulfilment of all inspection and complaint obligations owed under Section 377 of the German Commercial Code (Handelsgesetzbuch, HGB).
(2) Warranty claims can be asserted within 12 months of transfer of risk.
(3) In the event of defects in the goods, the buyer shall have a right to subsequent performance in the form of rectification of the defect or delivery of a defect-free item. If supplementary performance fails, the buyer is entitled to reduce the purchase price or to withdraw from the contract.
Section 9 – Liability
(1) In the event of intent or gross negligence on our part or on the part of our representatives or vicarious agents, we shall be liable in accordance with the statutory provisions; the same shall apply in the event of a culpable breach of material contractual obligations. Insofar as there is no intentional breach of contract, our liability for damages shall be limited to foreseeable, typically occurring damage.
(2) Liability for culpable injury to life, limb or health and liability under the Product Liability Act (Produkthaftungsgesetz, ProdHaftG) shall remain unaffected.
(3) Unless otherwise expressly regulated above, our liability is excluded.
Section 10 – Applicable law, place of jurisdiction
(1) This contract shall be governed by the laws of the Federal Republic of Germany (excluding the UN Convention on Contracts for the International Sale of Goods).
(2) The place of performance and the exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be Munich.
Shipping is mainly via DHL and GO! Express
Telephone number 08151 555 15 16