Terms of condition

Standard-Form Contract Conditions
 
I. Validity

  1. Our sales and delivery conditions will be the only valid for all present and future business between a trader in the legal sense of the § 14 of the German law (BGB) and our company. This will also apply when the trading conditions of the purchaser are contrary and not expressly objected by us unless an expressly agreement has been made.

  2. In case that one particular condition or a contract agreement becomes totally or partially invalid and not workable, the rest of the conditions will remain valid. The condition which became invalid or not workable is to be superseded through a legal and workable condition being the most approximate to the superseded condition. This shall prevail when a condition needs to be completed or one of the parties involved considers a loophole in the contract.


II. Offers, Prices

  1. Offers and prices are - unless otherwise stated - to be understood without engagement and ex warehouse Hamburg plus VAT.

  2. All the information in the Internet with regard to catalogues, pictures, detailed information on height, size, measure and descriptions are always without engagement unless the contrary is stated. This is especially valid in the case of changes which serve the technical improvement. Small differences from such product descriptions are to be accepted and do not influence the contracts' fulfilling unless these are not reasonable for the buyer.


III. Ordering in written form

  1. Orders placed verbally, in written form or via phone, fax or similar will be without engagement until receipt of our order confirmation. Delivery notes and invoices are equally ranking with the order confirmation provided they have not been sent separately in advance. In case of an e-commerce-order the customer has the possibility to print an order confirmation for his own purposes.

  2. Changes and completion of the contract as well as other agreements not stated in our trade conditions should be made in writing.


IV. Delivery

  1. Delivery takes place on the account and risk of the buyer in as much no other conditions were agreed upon. Samples will be charged and cannot be returned.

  2. Partial deliveries are allowed.

  3.  In case of delays which are not caused by the purchaser the purchaser could retire from the contract after a reasonable time elapsed, however, this should not be sooner than 6 weeks after the accorded delivery time.

  4. Should a delay in delivery be caused by circumstances beyond our control, i. e. force majeure, we have the right to postpone delivery or to retire from the contract. These interferences will be immediately announced by us. Other rights of the customer according to the item IV.3 will remain unchanged.

 
V. Payment

  1. Unless otherwise agreed should the payment be effected within 14 days after invoice date with 2% discount allowance or within 30 days after invoice date net.

  2. Incoming payments should be settled against older invoices considering discounts and interests. Discountable bill of exchanges and bank drafts will be accepted and are due upon its receipt.

  3.  In case of delay in payment the purchaser should be charged with interests on arrears amounting 8% p. a. on the base of the actual interest rate. We reserved us the right of enforcement, should further damages occur.

  4.  Circumstances substantially decreasing the creditability of the purchaser enable us to consider all the existing invoices, bill of exchanges, bank drafts and similar payment agreements are due to be released for payment. All further deliveries shall only be executed against submission of corresponding security.

  5. A setoff and retention of the goods by the purchaser is only allowed when the due adverse claims are recognised by us or determined by legal force.

 
VI. Retention of title

  1. All delivered goods will remain our property until all the claims resulting from trade activities with the purchaser are totally settled.

  2. We reserve us the right of retention of title as security of the claims in full.

  3. Changes in our goods through processing would only be executed on our behalf. Our goods will remain our property even after its elaboration with other raw materials not coming from us in the the proportion of the invoice value of our goods in the amount to the elaborated product at the time of its acquisition.

  4. The further disposition of the goods to a third party is only allowed in a properly ordinary course of business. We will retain the claim of this disposition as security of our claim on behalf of the purchaser and to the amount of our claim. The purchaser should be allowed to collect the claims on our behalf until final settlement according to the agreements of the sales contract. The purchaser is not authorized to further dispositions, especially concerning transfers of security and bailment of goods. Bailment and confiscation of goods in retention stated by a third party have to be notified without delay. Should our total claim be more than 120% sufficient secured, we will release securities prior to selection upon request of the purchaser.

 
VII. Guarantee, liability

  1. Should a complaint with regard to deliveries and other services arise this claim should be lodged without delay, not later than 7 days. In case that the deficiency cannot be stated after a properly examination, the deficiency has to be acknowledged immediately after discovery.

  2. In case of deficiencies we are committed upon request of the purchaser to additional deliveries or adjustment to improve the deficiency. Should this be neglected the purchaser could decrease the purchase price or retire from the contract. To help a rush development of the deficiency case we need a deficiency announcement in writing as well as forwarding papers in duplicate or depreciation of the forwarding agent. Redelivery of goods which have not been agreed with us should not be effected.

  3. In the case of injuries or circumstances affecting the health the purchaser has the right to claim for indemnity. For further damages we are only responsible, if these were to be foreseen and we have handled grossly negligent or maliciously. Claims deriving from the law of Consumer Product Safety Standard will remain unchanged.

 
VIII. Data protection

We would like to point out that data concerning business activities according to the legal terms as per the Federal Protection Law will be recorded and central processed within the company.

IX. Place of delivery, legal venue, legal system

Place of delivery and legal venue shall be Hamburg for both parties. This is also valid for bill of credits and check complaints. The law of the Federation Republic of Germany will govern the contract. The terms of the UN trading law are not valid between us and the purchaser.

Standard-Form Contract Conditions
 
I. Validity
  1. Our sales and delivery conditions will be the only valid for all present and future business between a trader in the legal sense of the § 14 of the German law (BGB) and our company. This will also apply when the trading conditions of the purchaser are contrary and not expressly objected by us unless an expressly agreement has been made.

  2. In case that one particular condition or a contract agreement becomes totally or partially invalid and not workable, the rest of the conditions will remain valid. The condition which became invalid or not workable is to be superseded through a legal and workable condition being the most approximate to the superseded condition. This shall prevail when a condition needs to be completed or one of the parties involved considers a loophole in the contract.

II. Offers, Prices
  1. Offers and prices are - unless otherwise stated - to be understood without engagement and ex warehouse Hamburg plus VAT.

  2. All the information in the Internet with regard to catalogues, pictures, detailed information on height, size, measure and descriptions are always without engagement unless the contrary is stated. This is especially valid in the case of changes which serve the technical improvement. Small differences from such product descriptions are to be accepted and do not influence the contracts' fulfilling unless these are not reasonable for the buyer.

III. Ordering in written form
  1. Orders placed verbally, in written form or via phone, fax or similar will be without engagement until receipt of our order confirmation. Delivery notes and invoices are equally ranking with the order confirmation provided they have not been sent separately in advance. In case of an e-commerce-order the customer has the possibility to print an order confirmation for his own purposes.

  2. Changes and completion of the contract as well as other agreements not stated in our trade conditions should be made in writing.

IV. Delivery
  1. Delivery takes place on the account and risk of the buyer in as much no other conditions were agreed upon. Samples will be charged and cannot be returned. 2.Partial deliveries are allowed.
 
  2. Partial deliveries are allowed.
 
  3. In case of delays which are not caused by the purchaser the purchaser could retire from the contract after a reasonable time elapsed, however, this should not be sooner than 6 weeks after the accorded delivery time.
 
  4. Should a delay in delivery be caused by circumstances beyond our control, i. e. force majeure, we have the right to postpone delivery or to retire from the contract. These interferences will be immediately announced by us. Other rights of the customer according to the item IV.3 will remain unchanged.
 
V. Payment
  1. Unless otherwise agreed should the payment be effected within 14 days after invoice date with 2% discount allowance or within 30 days after invoice date net.
 
  2. Incoming payments should be settled against older invoices considering discounts and interests. Discountable bill of exchanges and bank drafts will be accepted and are due upon its receipt.
 
  3. In case of delay in payment the purchaser should be charged with interests on arrears amounting 8% p. a. on the base of the actual interest rate. We reserved us the right of enforcement, should further damages occur.
 
  4. Circumstances substantially decreasing the creditability of the purchaser enable us to consider all the existing invoices, bill of exchanges, bank drafts and similar payment agreements are due to be released for payment. All further deliveries shall only be executed against submission of corresponding security.
 
  5. A setoff and retention of the goods by the purchaser is only allowed when the due adverse claims are recognised by us or determined by legal force.
 
VI. Retention of title
  1. All delivered goods will remain our property until all the claims resulting from trade activities with the purchaser are totally settled.
 
  2. We reserve us the right of retention of title as security of the claims in full.
 
  3. Changes in our goods through processing would only be executed on our behalf. Our goods will remain our property even after its elaboration with other raw materials not coming from us in the the proportion of the invoice value of our goods in the amount to the elaborated product at the time of its acquisition.
 
  4. The further disposition of the goods to a third party is only allowed in a properly ordinary course of business. We will retain the claim of this disposition as security of our claim on behalf of the purchaser and to the amount of our claim. The purchaser should be allowed to collect the claims on our behalf until final settlement according to the agreements of the sales contract. The purchaser is not authorized to further dispositions, especially concerning transfers of security and bailment of goods. Bailment and confiscation of goods in retention stated by a third party have to be notified without delay. Should our total claim be more than 120% sufficient secured, we will release securities prior to selection upon request of the purchaser.
 
VII. Guarantee, liability
  1. Should a complaint with regard to deliveries and other services arise this claim should be lodged without delay, not later than 7 days. In case that the deficiency cannot be stated after a properly examination, the deficiency has to be acknowledged immediately after discovery.
 
  2. In case of deficiencies we are committed upon request of the purchaser to additional deliveries or adjustment to improve the deficiency. Should this be neglected the purchaser could decrease the purchase price or retire from the contract. To help a rush development of the deficiency case we need a deficiency announcement in writing as well as forwarding papers in duplicate or depreciation of the forwarding agent. Redelivery of goods which have not been agreed with us should not be effected.
 
  3. In the case of injuries or circumstances affecting the health the purchaser has the right to claim for indemnity. For further damages we are only responsible, if these were to be foreseen and we have handled grossly negligent or maliciously. Claims deriving from the law of Consumer Product Safety Standard will remain unchanged.
 
VIII. Data protection
    We would like to point out that data concerning business activities according to the legal terms as per the Federal Protection Law will be recorded and central processed within the company.
 
IX. Place of delivery, legal venue, legal system
    Place of delivery and legal venue shall be Hamburg for both parties. This is also valid for bill of credits and check complaints. The law of the Federation Republic of Germany will govern the contract. The terms of the UN trading law are not valid between us and the purchaser.