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General
These terms and conditions apply to all sales contracts with our clients.
The terms and conditions can be found on our homepage and on the price
lists of the suppliers . The customer can therefore always be informed
about the newest version of our terms and conditions. Contrary business
and purchase conditions on the customer's part are herby contradicted.
Customer data will be saved electronically in accordance with the Data
Protection Act. The supplier constantly works on progress. He keeps the
right to make changes of the technical specifications and product range
at any time.
Conclusion of a contract
Offers by the supplier are noncommital and subject to confirmation, if
not otherwise stipulated in written form. All contracts are at the order
of the customer concluded once a written confirmation was sent by the
supplier or at the latest when delivery was made or the service provided.
Upon conclusion of the contract, an advanced payment is due as numeralized
in the written confirmation. It is usually 50% of the total amount due
(100% with new customers). With equiptment that is produced by the supplier,
production (print, assembly, et cetera) will begin on the day the payment
is received by the supplier. Delivery times are also dependent on the
receipt of the advanced payment.
Prices
Prices by the supplier are in Euro, after deductions, and plus sales tax,
if not otherwise stated. Price changes, errors in print and mistakes reserved.
On the day of the order the prices in effect will be used in the invoice.
With orders under 300,00 a service charge of 15,00 will be charged by
the supplier. All prices are calculated from the storage in Reichelsheim
(place of delivery). Costs for transport and insurance/ expenses go on
the customer's account. For transport insurance/expenses the supplier
charges 1% of the gross value of the merchandise, at least Euro 0,75 and
Euro 9,00 at the most (subject to change). For a rush order with a time
of dispatch at less than 48 hours an express fee of 10% of the merchandise
value will be charged.
Delivery
Delivery takes place by allocation of the merchandise at the storage in
Reichelsheim (place of delivery). This applies for main deliveries as
well as partial deliveries. Costs for pick-up and delivery of the merchandise
from a plave other than the place of delivery will be carried by the customer.
The customer has the choice of delivery type In case of merchandise that
requires a special type of delivery, the supplier has the choice of delivery
type without informing the customer. Is the preffered delivery type not
specifically stated by the customer, the supplier will choose the appropriate
type of dellivery. The danger of accidental loss and accidental impairment
of the merchandise will go to the customer once the merchandise has been
delivered without damage, after the merchandise stands ready at the place
of delivery or in case the supplier sends the sold merchandise to another
place of delivery, upon request by the customer, as soon as the supplier
has handed the merchandise over to the carrier.
In case of force majeure, which includes material or provision trouble,
disruption of operations, strike, official directive, et cetera, the supplier
is not responsible for the belated delivery or service. This also applies
if such troubles are experienced by presuplliers of the suppliers. Should
the delivery and service time exceed the delivery time of 8 weeks, the
customer has the right, after appropriate written Nachfristsetzung, to
withdraw from the contract in written form concerning the part yet to
be fulfilled. Any further compensation requests are barred, except in
case of gross negligence of the supplier, his representatives, or helpers.
The supplier has the right to partial deliveries and services.
The customer is required to examine the merchandise for any transport
damages if the merchandise was sent to a place other than the place of
delivery, and to report any damages to the supplier and carrier in written
form. The customer is responsible to adhere to the notification period
of the carrier. A belated notification will almost always lead to the
denial of any claims. If the customer wishes, the supplier will handle
the further process after the reported damage.
If the merchandise will be transported outside of the borders of the Federal
Republic of Germany, the customer has the duty to adjust the merchandise
to all legal commandments for the country such as construction type, condition,
documentation, designation, and application purposes.
Fernabsatzverträge with consumers
(A consumer is any natural person who concludes a legal transaction that
can neither be assigned to his or her commercial nor his or her autonomous
occupational activities.)
The supplier alludes that contracts made by Fernkommunikationsmittel,
include a right of withdrawl of 14 days after receipt of the merchandise.
The costs of the return delivery when using the right of withdrawl will
be taken by the supplier at a merchandise value of 40,00 or higher. In
case of stating via telefone the wish to return the merchandise, the supplier
will provide a so-called "Freeway Stamp" for the return delivery within
the Federal Republic of Germany.
A purchase contract is considered closed when an order confirmation is
sent by the supplier after the order of the customer.
The execution of the contract takes place accoring to the terms and conditions
of the supplier.
Conditions of payment
If not otherwise agreed, the delivery of the merchandise will take place
after the advanced payment, payment or cash on delivery. Invoices are
to be paid free of costs by the supplier. If an agreed direct debit does
not take place, a cheque is not cashed or the agreed customer credit limit
was exceeded, any deliveries will only take place by cash on delivery.
Mit dem vertragsgerechten Angebot der Ware befindet sich der Kunde in
Annahmeverzug und wird der vereinbarte Kaufpreis fällig. Der Lieferer
ist berechtigt, in diesem Falle alle noch offenstehenden, auch gestundeten
Rechnungsbeträge, sofort zur Barzahlung fällig zu stellen oder Sicherheitsleistung
zu verlangen.
Against the suppliers claim for payment according to the contract, the
customer only has a summation claim with an indisputable or legally ascertained
claim. The customer has right right of retention.
Defect claims
Principally, legal regulations apply. With used merchandise the defect
liability is reduced to one year. Should the customer demand delivery
of new merchandise or a return of the merchandise, he or she is obligated
to compl with the right of the supplier and allow a rebate for the use
of the product so far. If the customer does not prove lesser use and the
supplier more use of the merchandise, the following rebates take effect:
With a period of use
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-of more than one month, 30 % of the market value
-of more than three months, 40 % of the market value
-of more than six months, 60 % of the market value
-of more than twelve months, 70 % of the market value |
Discernible defects must be reported in written form directly after delivery,
concealed defects directly after they were discovered. Transport damage
is not to be considered a defect; for such the carrier is liable.
Compensation claims, especially the compensation for damages due to defects
are barred. This does not apply, however, for gross negligence of the
supplier, his represetatives or helpers, or when the damage is based on
a circumstance where the supplier has granted a warranty for condition
or fabrication of the merchandise.
In case of a return of merchandise, the customer is obligated to pay for
the inspection costs, should his claim of defects not be varified.
Repairs, that are demanded by the customer and do not apply to the defect
claims, will be carried out and charged to the customer. Upon request
of the customer an estimate can be calculated. This estimate is to be
paid whether the repairs will be carried out or not.
The supplier alludes to the saftey instructions and rules in place for
the Sachverständigenabnahmen of the merchandise in case of assembly and
installation in public buildings and stages. These are to be observed
by the customer. The customer is hereby obligated to read up on the safety
instructions and rules as well as carry out the assembly, installation
and Abnahme of the merchandise according to the safety instructions and
rules. The customer is hereby obligated to instruct his Abnehmer in these
safety instructions and rules as well as to entail to his Abnehmer the
safety instructions and rules in place for the assembly, installation
and Sachverständigenabnahme. Decoration objects such as banners are not
fire retardant, therefore the customer and installer must make sure there
are fire saftey precautions in place as a rule (DIN 4102-1, of low flammability
or similar). In this case a fire resistance treatment is required bevor
setting up the equipment. This information is to be issued by the customer
upon setting up or resselling the equipment.
Retention of title
All deliveries take place under extended retention of title. Until the
payment of all demands by the supplier by the customer, the ownership
of the delivered merchandise remains that of the supplier. The purchase
of ownership by the customer of the Vorbehaltsware, also in case of further
processing, is barred. The customer surrenders any claims from the reselling
of the Vorbehaltsware, also in case of further processing with other merchandise,
to the supplier. Upon demand by the supplier, the customer has to name
the borrowers of the abandoned claims and to disclose the abandonment
to the borrowers. A pawning or a chattle morgage of the Vorbehaltsware
is prohibited and may be procecuted.
Teilnichtigkeit
Should the stipulation of these terms and conditions, or any other stipulations
agreed to in the contract, be inoperative the effectiveness of all other
stipulations remains untouched. Instead of the inoperative stipulation,
a similar one will take effect.
Court of jurisdiction
Place of delivery is Reichelsheim. Court of jurisdiction is Darmstadt
as long as it is legally admissible.
The law of the Federal Republic of Germany applies.
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