Terms & Conditions


All deliveries and services are subject to these conditions as well as any separate contractual agreements. For the contract are exclusively our terms and conditions; Other conditions do not become part of the contract, even if we do not expressly contradict you. A contract is concluded - in the absence of a special agreement - with the written order confirmation of the supplier.

1. General
Our prices are in € uro net per piece, set or bag plus VAT. The prices valid on the day the order is placed apply. The minimum order value is  100.00 €uro. For all orders whose value is less than 100,00 €uro, a minimum quantity surcharge of 10,00 €uro is added.

 

2. Delivery
The delivery takes place at our discretion from stock on delivery. In all cases, shipping is at the expense and risk of the buyer.

 

3. Delivery Times
Possible delivery times are not binding. The observance of the delivery period is subject to the correct and timely self-delivery. The delivery deadline is met if the delivery item has left the supplier's premises or is ready for dispatch by the end of its term. If the non-compliance with the delivery time is due to force majeure, labor disputes or other events beyond the control of the supplier, the delivery time shall be extended accordingly. The supplier shall inform the customer as soon as possible of the beginning and end of such circumstances. In the case of force majeure, official measures and the like, which affect the execution of the contract, the seller is entitled to postpone the delivery for the relevant period or to withdraw from the contract. The supplier is entitled to partial deliveries.

 

4. Complaints
Complaints must be made in writing within 5 working days after receipt of the goods. The liability of the seller is limited to the amount of the purchase price. By passing on the goods for processing or processing by third parties, the purchaser excludes conclusively the assertion of further claims. This applies in particular even if the shipment is made at the request of the buyer directly to third parties. In the absence of an agreed condition, the buyer can not claim damages, unless the supplier has demonstrably violated the contractual obligations intentionally or if damage to his health or life has occurred. The legal right to subsequent delivery, conversion or reduction remains unaffected. The supplier is entitled to settle each partial delivery independently. Also, in cases where a complaint takes place, the purchase price is payable on the agreed dates, subject to later settlement of the difference.

 

5. Retention Of Title

The delivered goods shall remain the property of the seller until payment of the purchase price and repayment of all claims arising from the business relationship and the claims arising and still arising in connection with the object of purchase. The cessation of individual claims in a current account or the balance and their recognition do not cancel the reservation of title. The buyer is entitled to resell the reserved goods in the ordinary course of business. He assigns to the seller hereby now all claims that accrue to him from the resale against the buyer or against third parties. To collect these claims, the buyer is authorized after assignment. The seller's power to collect the claims himself remains unaffected, however, the seller undertakes not to collect the claims as long as the buyer duly fulfills his payment and other obligations. The seller may demand that the buyer informs him of the assigned claims and their debtors, provides all information necessary for collection, hands over the related documents and notifies the debtors of the assignment. If in connection with the payment of the purchase price by the Buyer a changeable liability of the Seller is justified, then the reservation of title as well as the underlying demand from deliveries of goods does not expire before redemption of the bill of exchange by the Buyer as the drawee. If the value of the existing securities exceeds the claims to be secured by more than 20%, the seller is obliged to release them at the request of the buyer.

 

6. Interest

Non-fulfillment of agreed terms of payment exempts the seller from all delivery obligations from all contracts concluded with the buyer. If the term of payment is exceeded, the seller may demand default interest in the amount of 8% points above the current base interest rate of the Deutsche Bundesbank.

 

7. Rescission

If the buyer defaults on payment for a delivery from a contract with the seller, the seller is entitled to terminate all unfulfilled contracts between the parties within one week and to sell otherwise already sold goods. The exercise of this right of the seller requires appropriate threat in the letter of formal notice.

 

8. Writing

Further assurances and promises of any kind are only binding in the manner confirmed by the seller in writing.

 

9. Assurance

The statutory warranty for goods sold is hereby expressly limited to 12 months. In the case of warranty, a return of the faulted items can only be made if the return is free in the proper original packaging and the defect has occurred in uniquely intended use. Other than properly original packed free returns are accepted acceptance. The seller expressly reserves the right to rework, reduction and conversion.

 

10. Special Designs - Copyright

A claim for verification of any infringement of any existing license, copyright, patent, taste or utility model rights by the supplier is deemed excluded and thus does not exist.

The supplier is expressly released by the customer from any claims for damages, of whatever nature, which arise or may arise from any violation of the above-mentioned rights.

 

11. Severability Clause

If a clause of these General Terms and Conditions, or part of it, is legally invalid, it will be replaced by the one closest to the intended one.

12. Place of fulfillment & jurisdiction

Place of fulfillment and place of jurisdiction for all liabilities from this contract, in particular for delivery and payment is the district court Schwelm. With the appearance of these terms and conditions, previous versions lose their validity.


Gevelsberg, den 01.03.2006