General Business Conditions | Masthead
General Business Conditions

The following conditions are accepted at award of contract. Other agreements are only valid if we have agreed to them in writing. Prices are in force ex-works or warehouse, excluding packaging, plus value added tax: costs for providing advertising and other necessary tools (embossing stamps, templates and so on) will be charged extra.

The award of a discount is only binding for use if this has been confirmed in writing.

2. Delivery deadlines are only approximate, acts of God, operational faults or a delay in delivery by the supplier give us the right to extend the delivery dates until the impediments have been removed, or to withdraw from the contract. We are not obliged to pay for damages in either case. An extended deadline of 4 weeks has also to be allowed by the buyer if there is a delay in delivery.

3. Delivery and Dispatch. Deliveries less than, or in excess of up to 10% of the ordered quantity and also the usual slight discrepancies in colour, material and manufacture remain clearly reserved. The stated dimensions, weights and manufacture are always approximate and are not binding under any circumstances whatsoever. The dispatch is uninsured at the cost and risk of the purchaser, packaging and dispatch costs will be invoiced to the purchaser, the packaging cannot be returned.

4. Complaints have to be made to us in writing within a preclusive period of one week after the goods have been received. Faults in one part do not justify raising a complaint for the whole delivery. Only cancellation or reversal of the purchase contract can be demanded and not a reduction or a claim for damages.

5. Advertising texts and corrections will only be sent by request, insignificant changes in the text made for technical reasons are allowed without consultation.  Correction of a text which has been agreed upon will be approved automatically if we do not have the customer`s correction wishes in writing three days after the date of the written correction. Pictures, advertising texts and other items which the customer has promised to us can be used if we receive them in good time. The customer agrees to our own choice of the usual market advertising if we have not received these items in good time.

6. Intellectual Property Rights. The person or company transferring items to us in the form of a drawing, samples or models guarantees that production and delivery will not infringe the intellectual property rights of third parties. The person or company has to release us from all third party claims arising from the infringement of third party intellectual property rights.

7. Payment. Our invoices are payable within 8 days with 2% discount, or 14 days nett, from the respective date of the invoice. Invoices in foreign currency are payable on the day of the currency deadline at the latest. The customer is in arrears when the payment deadline has passed, the following legal consequences take effect. Interest at the rate of 6% will be calculated for each month in arrears. All payments have to be made only to us. Travelling sales representatives are only allowed to collect money with a written power of authority. Checks and bills of exchange will only be credited to the customer provided they are redeemed, charges relating to bills of exchange shall be charged to the persons drawing them. We have the right to refuse further deliveries and to demand immediate payment, if a currency deadline is allowed to the customer and his financial circumstances deteriorate or if he is in arrears with the acceptance of a delivery.

We have the right to withdraw from contracts which have been awarded if we receive unfavourable information about the person or company awarding the contract or if this person or company is in arrears with the payment of earlier deliveries. We retain the right to 3% discount for cash on delivery to new customers. Deliveries are made abroad on a cash in advance basis with 3% discount or against cash on delivery or an irrevocable letter of credit.
If a delivery is not made because of the customer’s poor credit rating, or if there is no delivery for other reasons which the customer has to explain, he is obliged to pay our damages up to 50% of the contract sum, without providing proof of the extent of damages.

8. Retention of Title. The delivered goods remain our property until the account has been fully paid.

9. Court of Jurisdiction and Place of Fulfillment. The court of jurisdiction is locally and materially the local court in Westerstede. The place of fulfilment is the registered office of the supplier.
Agreement on the court of jurisdiction also applies to the enforcement of claims made by using default action proceedings.

Judgement will always be made according to German law.