General terms of delivery and payment terms
Every regulation deviating from the following conditions needs to her validity of the written form.
Our general delivery and payment terms are valid for all legal deals closed with us as well as also for all subsequent shops, even if by their end again is not pointed out to these conditions.
Our prices get on not-binding from factory, excluding packaging which is calculated to cost of sales. A return of the packaging is excluded.
The dispatch occurs on calculation and danger of the receiver. For transport delays and by damage of the packaging caused defects we assume no liability; this is also valid by agreed delivery no delivery charge.
Objections are considered only if they are asserted immediately with or immediately on receipt of the product. The guarantee is limited to spare delivery. From legal and the liability facts of the matter (in particular in the case of the delay, the breach of contract, the impossibility, the incapacity, the injury of duties at contract negotiations or the unauthorised action) we stick only with deliberate or roughly careless causing of the damage. Also in this case our liability is limited in the business dealings among businessmen to the damage predictable for us.
We are entitled to withdraw from given orders, if unfavorable information about the principal is given to us after confirmation of order, or if of these deliveries former with the payment gets in delay.
With new customers we reserve ourselves the right of the pre-payment delivery with 4% of discount payment. Deliveries in countries beyond Germany occur against pre-payment with 4% of discount payment. With operational disturbances we are released from our duty of delivery.
The product is delivered by us under retention of title. It remains our property up to the full payment of all demands from the business connection with the buyer. The buyer may resell the delivered product only in the proper business dealings. The buyer resigns everybody from the wide disposal of the reservation goods to originating demands by now to us for the protection. The buyer is authorised to draw the resigned demands so long as he fulfils his bills of debt to us towards vertragsgemäß. The buyer has to call to us by request the debtors of the resigned demands and to make to us everybody the move essential informations, as well as to hand over the necessary documents.
The buyer is obliged to inform of accesses of third to the product delivered under retention of title or the resigned demands us immediately.
Protection conveyance, protection sales, pledging as well as other orders about the reservation product delivered by us needs our approval. If the customer gets in bankruptcy, we are entitled to require the cession of the right on the still open considerations for the product resold by the adjudicated bankrupt from the receiver.
The obligations of the buyer to the payment at maturity is not touched by counterclaims. The buyer is not entitled in particular to charge towards our demands or to use a restraint right.
If a delivery of objects after drawings, samples or models transfers to us, the customer takes over the guarantee that protective rights of third are not injured by the manufacture or delivery.
The customer has to release us in front to all claims of third because of the injury from protective rights.
With orders with advertising slogans etc. the desired texts are always to be presented typewritten. We need vector eps.files and all writings into curves are converted. We do not stick for the wrong deliveries which originate from unclear information. With presentation of implementation sketches only the sketch approved by the customer is authoritative. More or short deliveries up to 10% of the ordered amount we reserve ourselves.
The payment of our product has to occur within 30 days after calculation date net cash or within 10 days after calculation date with 2% of discount payment. Every payment is registered on the oldest, open calculation. All open calculations, also so far they are due in detail only late, become due to the immediate payment if the customer gets with the payment of an older calculation more than 5 days in delay.
The buyer is behind without reminder or term settlement if he does not make payment within 30 days after calculation date or the net maturity given on the calculation. The aim excess calculation of interests on arrears occurs in each case 5% about the respective Central Bank minimum lending rate.
Place of fulfilment for all deliveries and payments and legal venue is Lemgo.
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