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        Terms of delivery and payment

Terms of delivery and payment

  1. With the placement of an order the purchaser recognizes the following terms and conditions as the basis of contract – also for future transactions.

  2. Our offers are without engagement. A purchase order only comes into effect after we have issued a written confirmation of order. Confirmation of orders are always effected subject to self-delivery through the manufacturer, so that we reserve the right to revoke a purchase contract. This clause is an article of the contract. The delivery takes place solely under the present terms and conditions for delivery and payment. Deviations require explicitly our written approval.

  3. We explicitly point out that all merchandise delivered by us, is solely destined for the german market. The last customer is liable for the verifiable commercialization. The reasurrance that certain features of the merchandise, pertaining to layout and or package-imaging is explicitly excluded, all merchandise is always delivered with the current manufacturer’s version of the date of delivery. Remnants can be with the forerunner design.

  4. Time of delivery is without engagement. Delivery feasibility reserved. Circumstances, that indicate the payment of the purchaser is at risk, revoke our liablity to deliver and to deliver free of charge

  5. Delivery takes place from our warehouse.

  6. Cases of force majeure or acts of nature (including labour conflict measures) suspend our delivery liablity for the duration of the interruption and within the extent of it´s effect.

  7. Our selling prices are calculated excluding german sales tax. The sales tax is designated separatley on the invoice. Pricelists and invoices are issued in Euro (€). The prices applied are from the valid pricelist of the date of delivery. Delivery takes place at the cost and risk of the recipient. When delivered on Euro-Palets a Palet exchange takes place, palets versus palets, same amount, same condition. In case of palets not being exchanged or beiing exchanged late, we will charge empty palets at the original price.

  8. All deliverys are to be inspected immediately on receipt. Damages, lesser or excess deliverys are to be remarked conform on all executed copies of the delivery note and must be signed both by the recipient and the driver. Damaged merchandise must be returned to the driver and must be remarked on the delivery note. Reclamations without this information will not be processed. Damaged displays can only be returned complete. Complaints, regardless of what type, can only be processed when they are made within 8 days after the receipt of the merchandise and are in writing, the information must be supported by appropriate proof of delivery.

  9. Deficiencie claims of the purchaser are limited to supplementary delivery of defect-free merchandise. If supplementary delivery fails twice-over, the purchaser has the right to withdraw from the purchase contract. Further claims, especially claims pertaining to abatement of the purchase price or claims for damages, especially compensation for consequential damages or for forlorn expenses are excluded. Deficiencie claims become time-barred after 12 months, after delivery of the merchandise. Unaffected hereof are claims of the purchaser out of § 478 of the German Civil Code with the requirement, that here also damage claims, especially consequential damage claims are excluded. Further liability of any kind of the seller - no matter on what legal ground – is excluded, apart from the liability due to premeditation or gross negligence, the liability according to the product liability law, the liability due to personal injury and the liability because of infringement of major contractual obligations. Remnant merchandise is explicitly excluded from warranty claims.

  10. Payment: The invoice amount is free of charges and expenses and due within 5 days after the invoice date without any deduction. We reserve the right towards traders and business people, to charge due interest amounting to 8% over the current bank rate of the German Central Bank as of the due date. Receipt of payment is considered receipt of money, that means either via bank transfer - when the money is a credit entry on our account or by cheque at the point of time, from when the cheque is at our economic disposal.

  11. Reclamations towards prices and invoices can only be allowed for when made within a month after the invoice date. Only undisputable or legally binding claims entitle the purchaser to charge up against or detain payment.

  12. The delivered merchandise remains our property, until all accounts receivable out of the business connection are fully payed. The purchaser is entitled to posess the merchandise within a proper business manner; he is however not entitled to impawn or to endorse the merchandise as security to a third party until fully payed. The purchaser must notify us immediately of any type of access by a third party upon the delivered merchandise that is subject to retention of title. In the case of the resale of conditional goods the following applies, all resulting claims of the purchaser must be transfered to us in advance. We accept this act of transfer. In case of the purchaser being delayed with the payment, he will authorize us to inform his buyer of the act of transfer and to collect the accounts receivable ourselves. If the amount of securitys exceeds our accounts receivable more than 20%, we are then commited to release appropriate securitys of our choice.

  13. In case of the sale of business the purchaser will notify us and commit his successor in writing about the protrusive terms.

  14. The purchaser states herewith that he agrees to the storage of his data, in accordance with § 4 of the German Data Protection Act.

  15. For the settlement of business disputes, that arrise between the parties to the contract, the District Court of Charlotte County (Florida) shall be responsable.