General terms and conditions
Terms of contract
- For all achievements exclusively our general terms and conditions are effective.
- General terms and conditions from the buyer which deviate from these conditions have no availability subject to a written affirmation.
- These conditions are also valid for all future commercial operations between the contract parties.
Conclusion of the contract
- The order is an effectual offer. We are able to accept this offer at our option within 2 weeks by sending of a confirmation of order or by sending the purchaser the ordered goods within the period stated in the offer.
- The contract will only be agreed exclusively according to the written description of carrying out the goods in the confirmation of order. The achievement of the particular goods will be effected by mean kind and quality, especially the attributes of a possibly sent object before conclusion of the contract is not warranted.
Rights of third party
By order of the buyer our products can be especially designed, printed, engraved, embroidered or designated with other technical procedures. As far as the buyer deposits his own patterns for this creation, he himself will be responsible that these patterns are unfettered by rights of third party. He especially has to consider that the use of the patterns and the creation of our products he ordered will not offend against legal prescriptions (e.g. law against unfair competition, Trademark Act) or against rights of third party. If the use of the patterns submitted by the consignee offend against legal prescriptions, then the buyer is in debt to compensate for the costs which arose for us.
In the case of a contravention or a offence against the rights of a third party the buyer is obliged, after indication of the case by us, to communicate the claimant immediately of the assumption of debt in written form.
All pictured items are only for representation and are unsellable!
- All mentioned prices are valid, provided that there will nothing different result from the confirmation of order, from our business location.
- Delivery will be effected from our business location carriage forward in a way of consignment of our choice.
- Payment will be effected by prepayment. We will tell you our bank account in the confirmation of order and we will deliver the goods after receipt of payment.
- Payment by invoice is only possible for regular customers with a special arrangement.
The buyer falls behind because of a reminder, but latest within 30 days after maturity and receipt of the invoice or an equal application for payment. In the case of default, we have the right to claim default interest of 5% over the base rate at commercial operations with end users or rather 8% over the base rate at commercial operations with contractors. If we are able to prove damage for delay, then we have the right to claim this.
- We reserve us the right to increase the prices with a delivery time of more than 4 months according to the occurred cost increases because of augmentation of the labour costs or material costs. If the increase accounts for more than 5% of the arranged price, then the buyer has the right to cancel.
- The buyer only has the right to count up when his counter-claims are legally declared, undisputed or accepted from us.
- We reserve us the right to make part-deliveries provided that would be profitable for a quick settlement. Part-deliveries carried out and calculated by us have to be regulated within our conditions of payment.
- Dispatch will always be effected on commission and risk of the buyer. The risk will be devolved to the buyer by committal of the goods to the carrier (post office, railway, forwarding agent etc.). This is not effective by buying consumer goods in the sense of § 474 Civil Code. In the case of purchase of consumer goods § 446 Civil Code will be effective.
- Collective actions, war, bank holidays, sovereign measures, natural catastrophes, traffic congestions, breakdown in energy supply or raw material supply and other cases of force majeure, thus extraordinary incidents, which we do not have to plead, will free us from our bondage of execution of the contract for the period of their effects.
- The buyer is not authorized to resign from the contract because of default of the delivery time until he has given us an adequate extension of time in written form of at least 4 weeks, unless a fixed delivery date is emphatically arranged or the buyer is able to prove that he is not interested in the delivery any more because of detention. Potential claims for damages are, in case of default and the impossibility represented by us, as far as they are based on slight negligence on our part, limited to 50% of the predictable damage up to the amount of the purchase price at most. The compliance with the delivery time premises the punctual and proper compliance of the buyer's obligation.
- We reserve us the right to add our company name on the back side or on an appropriate position of the items we delivered. We also reserve us the right to continue to use the items produced by order of the customer as pattern or for spot announcement.
- You have to indicate us obvious defects within 8 days after delivery in written form. Unapparent defects have to be immediately indicated after their detection, but until the termination of 6 months since delivery at the latest.
- Slight colour variations in production are a matter of engineering and not always to be avoided.
- If a defect of the goods which we have to plead is available, then we are entitled to eliminate the defect at our choice or to make a replacement. If the rectification of the defect or the replacement fail or if we do not feel up to a rectification of defect or replacement or if we do not have the ability or if it will postpone for an appropriate period of time, for reasons we have to plead, then the buyer has the right to change or decrease the contract.
- Claims of the buyer beyond that, especially claims for damages including those for escaped benefit or because of other financial damages of the buyer are excluded, unless they are based on intention or gross negligence on our part or the buyer enforces compensation for damages because of absence of a warranted attribute.
- If an essential contractual obligation is hurt, our liability for negligence is excluded, for intention and gross negligence limited to all damages which emerge from business dealings of doubtful constitution.
Reservation of proprietary rights
- We reserve us the proprietary of the delivered goods until the complete payment of all claims which also result in future from the business connection, also if payments for definitely labelled goods will be effected. Goods which are under reservation of proprietary rights can only be sold in regular business connections, when it is assured that the claims from the secondary purchase devolve to us and the reservation of proprietary rights will be remitted by the buyer to his customers. The buyer cedes already now the claims which are entitled to him out of the commodity sale or out of the other employment of the goods to us with ancillary rights. The authorization for the secondary purchase is revocable at any time.
- The buyer has the obligation to tell us on request the purchaser of the goods subject to retention of title in written form.
- Actual or legal accesses from a third party on the goods subject to retention of title as well as their damage or loss have to be immediately told us in written form; in case of distress the bailiff's return or the attachment order have to be provided to us. The buyer has to recompense the charges for necessary becoming interventions from our side.
- In spite of assignation the buyer has the right to confiscate the assigned claim by us until the cancellation which is possible at any time. He is obliged to keep the confiscated amounts separately and to pay them over to us. On our request, the buyer is obliged to tell the third party about the assignation and to give us the necessary information and documents for the assertion of our rights.
Jurisdiction and place of performance
- The conditions of the contract are exclusively liable to the right of the Federal Republic of Germany with the exception of the commandments which arrange for the appliance of the foreign law.
- Jurisdiction (as far as permitted) for registered traders, for persons who don't have a general jurisdiction in the home country, as well as for persons who have relocated their domicile or habitual residence abroad after conclusion of the contract, or whose habitual residence is not known at time of claim, is Bingen at Rhine.
- Place of performance is our business location.
- If one of the clauses should be or become invalid, the effectiveness of the contract will be without prejudice for the rest. Verbal sub-agreements are not made and need the written confirmation by the user for efficiency.