1. Conclusion of contract
Our offers are subject to change. We are only obliged to deliver if we confirm an order in writing or if it has been carried out by us. Verbal additional agreements are only binding for us if they are repeated in the order confirmation. Differing purchasing conditions of the buyer are only binding for us if we expressly accept them.
If facts subsequently become known that give rise to doubts about the customer's creditworthiness, we are entitled to make delivery dependent on a security deposit, advance payment or partial payment of the purchase price - even if this has not been expressly agreed - or to withdraw from the contract .
In the event of withdrawal, the customer is not entitled to any claims. If the buyer needs to provide security, the delivery times only apply after it has been provided.
2. Prices
The prices stated in the order confirmation are exclusive of VAT and ex our warehouse. If the prices change between conclusion of the contract and delivery, the price valid on the day of the order applies.
With the publication of this price list, all previous price lists become invalid.
3. Delivery times, delivery delays
The dates will be confirmed by us and adhered to accordingly. Minor exceedances do not entitle you to claim recourse under any circumstances. In the event of delivery delays, the buyer can withdraw from the order after granting a reasonable grace period of at least 20 working days. Claims for damages from consequential damages are excluded.
Fire, explosion, official measures, strikes and other cases of force majeure release us from our delivery obligation for the duration of our hindrance; The same applies if the events described affect our suppliers.
Compliance with our delivery obligations requires that the buyer has fulfilled his obligations in a timely and proper manner.
4. Deliveries
As soon as the goods leave our warehouse, the risk passes to the buyer. This also applies if we deliver through a carrier of our choice. The goods must be checked immediately upon receipt for completeness and obvious defects.
Any defects must be noted in the consignment note.
After receiving the goods, the buyer is obliged to unpack the goods and inspect them for so-called hidden transport damage. These must be reported in writing within 5 days, taking into account the transport conditions, so that the insurance cover does not expire.
5. Delay in acceptance
If the buyer defaults on acceptance, the seller is entitled to demand timely payment for the goods and compensation for the damage incurred (stock, interest, etc.).
6. Packaging
Packaging is not charged and cannot be taken back. We are affiliated with Landbell AG, so the buyer can dispose of our packaging within this system. Any costs must be borne by the buyer.
7. Retention of title
The extended retention of title applies to all deliveries. All goods delivered remain our property until paid for in full. Access or seizure by third parties must be reported to us immediately. The buyer may also only resell our goods subject to retention of title. In the event that unpaid goods are resold, the sales proceeds will be transferred to us without further notice in the amount of our invoice amount. The seller accepts the assignment. The buyer undertakes to inform his customer of the assignment upon our request. If the buyer is in default of payment, we are entitled to take back the reserved goods after notification and the buyer is obliged to return them.
8. Warranty
The warranty is 1 year for commercial use.
Obvious defects in the delivered goods, incorrect deliveries or quantity deviations must be reported to us in writing no later than 8 days after delivery. If this deadline is not met, these claims for defects expire.
Minor or customary deviations in weight, shape, color, dimensions or quality as well as changes that serve to further product development cannot be recognized as defects. Justified defects only entitle the customer to withhold a portion of the purchase price that is proportionate to the defect complained about. We are entitled to avert any complaint of defects by, at our discretion, carrying out repairs, delivering a replacement or granting the buyer an appropriate price reduction. Claims for damages, in particular due to consequential damage caused by defects, are excluded.
The customer is responsible for attaching the Diamond Domes. In the event of damage, directsale24 assumes no liability.
We will now cover the costs for customer improvementsr adopted after prior consent.
Goods can only be returned with our consent.
9. Payment
Our invoices are payable within 10 days, less a 2% discount or 30 days without deduction, unless otherwise agreed. We generally only deliver initial orders against advance payment. For customers with whom we have not had a business relationship for more than 12 months, we reserve the right to only carry out orders against advance payment.
The same applies to customers whose creditworthiness seems questionable to us or where we have noticed slow payment practices. If the deadline is exceeded, we charge interest on arrears from the due date in the amount of the usual bank loan interest.
Checks are accepted subject to the usual reservation of funds. We generally do not accept bills of exchange.
10. Place of performance, place of jurisdiction, final provisions
German law applies exclusively. The validity of the UN Charter is excluded.
The place of performance is in any case 82438 Eschenlohe. The place of jurisdiction is Munich.
If individual contractual provisions are void or legally invalid, this will not affect the legal validity of the other contractual conditions.
The wholly and partially ineffective provisions should then be replaced by those that come closest in meaning to the ineffective ones.
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Translated by google.
For original words, check the german script
