Terms of Service ( AGB )
Terms of Service ( AGB )
Services, deliveries and offers of the seller are made exclusively on the basis of these GTC. These apply to all existing and future business relationships, even if they are not expressly agreed again. At the latest on receipt of the goods or services, these conditions are considered accepted. Deviations from these conditions are only effective if the seller confirms them in writing.
Seller’s offers and their staff are non-binding. The seller is entitled to partial deliveries and partial services at any time. Custom-made products, e.g. own design of the buyer are excluded from the exchange and can not be taken back. Delays in delivery and performance due to events that make the delivery considerably more difficult or impossible for the seller, even if they occur to suppliers of the seller or supplier, are not the responsibility of the seller for bindingly agreed deadlines and deadlines. They entitle the seller to postpone the delivery and services for the duration of the hindrance plus a reasonable start-up period or to withdraw from the contract in whole or in part because of the unfulfilled part.
The risk passes to the buyer as soon as the consignment has been handed over to the transport company carrying out the transport or has left the seller’s warehouse for the purpose of shipping.
The buyer must notify defects in writing without delay, but at the latest within one week after receipt of the delivered goods and send the goods complained of to the seller for inspection and expert assessment. Different behavior excludes any warranty claim. Defects that can not be discovered within this period, even with careful examination, must be reported to the seller in writing immediately after discovery and sent to the inspection.
Liability for normal wear and tear is excluded, as well as the liability for any allergies to care and adhesive products. Warranty claims against the seller are only available to the immediate.
Buyers are not transferable. If there are deficiencies, the seller can repeatedly rectify the defect. Replacement delivery or credit will be made according to the defect. This paragraph concludes the warranty of the seller and excludes other warranty claims and claims for damages of any kind. A liability for consequential damages is not accepted.
Until the fulfillment of all claims, including all balance claims from advance deliveries, which the seller for any legal reason against the buyer now or in the future, the goods remain the property of the seller. The purchaser hereby assigns to the seller the full amount of the claims arising from a resale or any other legal reason concerning the reserved goods and claims from previous sales.
In the case of third party access to the reserved goods, the buyer will point out the property of the seller and notify him without culpable hesitation. In case of breach of contract by the purchaser, in particular default of payment, the seller is entitled to take back the reserved goods or, if necessary, to demand assignment of the claims for surrender of the purchaser against third parties. This is not a withdrawal from the contract.
Unless otherwise agreed, the invoices of the seller are to be paid in full without delay up to 30 days after invoicing. If you pay within 10 days from the invoice date, the seller grants 2% discount. All prices are purchase prices plus VAT. Sales and technical personnel are not entitled to cash collection. The seller is entitled to credit payments of the buyer first to its old liabilities.
If costs and interest have already arisen, the seller is entitled to offset the payment first against the costs, then against the interest and finally against the main service. A payment is only deemed to be made if the seller can actually dispose of the amount. If the buyer is in default, the seller may charge interest at the amount of the interest rate charged by the commercial banks for open current account credit plus statutory value added tax, subject to prior notification. Offsetting by the buyer is only possible if its counterclaim is undisputed or legally binding.
Deliveries by the seller are made ex works including packaging.
Claims for damages due to a positive breach of contract, culpa in contrahendo or tort against the seller or his vicarious agents are excluded, unless verifiable gross negligence.
For these terms and conditions as well as all legal relations between seller and buyer, the law of the Federal Republic of Germany applies. For buyers who are registered traders within the meaning of the German Commercial Code, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of the seller.
Should any provision of these terms and conditions or a provision in the context of other agreements be or become ineffective, this shall not affect the validity of all other agreements.
Price changes, delivery options, errors, misprints, technical changes by manufacturers and suppliers are reserved.
tp vertriebs consult wöstmann ek
ohle ring 15, industriegebiet wiepenkathen, d-21684 stade, tel. 04141-85123, fax 85113