GENERAL SALES TERMS AND DELIVERY TERMS
For the delivery of our products exclusively the following general sales terms and delivery terms are authoritative, provided that none of us written in writing or confirmed other arrangement has been dripped. These conditions count to our whole business dealings.
To the general sales terms and delivery terms of the company Reidinger GmbH contradicting general terms and conditions are not recognized. Of their validity is expressly contradicted. Silence on our part on the remittance of general terms and conditions of the buyer does not count as an approval with the inclusion of the general terms and conditions of the buyer. Our sales terms and delivery terms in her version counting in each case become, as far as these were agreed once efficiently, with current business relations also component of all future contracts, without it requires in the isolated case still of an explicit tip, even if these conditions on single shops should be unapplicable exceptionally all or part because for these shops divergent arrangements were dripped. These terms of business also count to shops and sales in the foreign country.
Our supplies are not-binding. We are bound to oral arrangements only after other written confirmation. Explanations of our employees, traveler or sales representatives need to her effectiveness of our written confirmation.
3. PRICES, MINIMUM ORDER VALUE
Provided that nothing else is agreed in writing, ours are only decisive during the day of the order to valid prices. The validity of the prices goes out with the publication of the new prices. All our prices are net prices and get on plus legal value added tax. They count from camp and do not contain the transportation costs and packing charges. For attacking distributor expenses 4.00 eurosare calculated (net). The minimum order value amounts to 250.00 euros (net). With Unterschreitung of this amount we calculate a low-quantity surcharge of 25.00 euros (net).
4. TERMS OF PAYMENT
Our invoices are payable 10 days from invoice date net cash desk. By first dealings or deliveries abroad we must require precash desk. Changes and cheques become, if generally, only fulfilment-half and provisory the Diskontierungsmöglichkeit accepted. All attacking business expenses are to be carried by the buyer. The acceptance of a change after maturity or Prolongation shows no extension. We are left to ourselves to return change or cheques any time. Machine of the buyers with a payment in delay, we are entitled without claiming special proof interests for delay of 9% about the base interest rate clause valid atthe moment of the delay entry (§247 Civil Code) and calculating for every reminder after delay entry Mahngebühren at the rate of 5.00 EUR. The assertion of a higher delay damage in the isolated case is left. If the buyer does not fulfil his bills of debt or allows to go a change or cheque to protest or if other circumstances become known which allow to seem the fulfilment of the liability of the buyer to us towards threatened, our demands on account of followed deliveries become without taking into consideration before drippedZahlungsvereinbarungenalle immediately due. Then still receivable deliveries on our part to the buyer can be carried out by us by surname or be made dependent by the Gestellung of suitable securities up to whose performance our liability of delivery rests. The buyer is entitled to pay in advance also instead of a suitable margin. Performing Wirddie demanded margin before one week, we cannot withdraw from the contract. If hire-purchases are agreed, the respective balance is due immediately if the entrance einerRatenzahlung is delayed agreement-contrary on more than 10 days. Payments into three parts, in particular in Handelsvertreteroder traveling, are not recognized, unless, these persons are expressly collection-authorized.
5. COMPENSATION, RETENTION RIGHT
The compensation against our demands is allowed only with from us expressly as entitled approved or legally ascertained demands of the buyer. The retention right because of more other claims not coming from the same contractual relationship of the buyer against us is excluded.
6. DELIVERY TIMES, DELIVERY VOLUMES, PACKAGING
The specification of delivery deadlines is not-binding, unless an explicit arrangement about a fixed date was dripped in writing. Further our delivery deadlines stand under the reservations of the selfsupply, the possibility of delivery and from intersales. The delivery deadline begins with the day of the order acceptance by us, however, not before complete clarification of all execution details and pressure release. The delivery deadline is kept with the timely report of the dispatch readiness if the sending is impossible for us without own fault. As a delivery day counts the day of the sending, with agreed collection the day of the sending of the report of the dispatch readiness. If we cross with an ordered product a non-binding delivery date or a non-binding delivery time on more than 14 days, the buyer has the right to put to us in writing an adequate extension for the delivery. With this reminder we are put indelay. Events of higher power, labor disputes with us or our suppliers and comparable, unpredictable obstacles on whose origin or removal we have no leverage extend the agreed delivery deadlines by the duration of the obstacle, at the latest, nevertheless, about two weeks. If the late delivery for the buyer has in this case no interest, he is written at the end of one of him and is entitled under rejection threat extension to be put of 14 days to withdraw from the contract. A pity claims for damages because of default or late delivery are excluded, provided that on our part or on seiten of our fulfilment assistants no intention or coarse carelessness is. For technical reasons are left Less or Mehrlieferungen up to 10% of the amount of the concerning article. By the purchase of unprinted product only full packaging units can be delivered. The number of pieces in the respective unterpackaging with printed and/or sharpened product can deviate sporadically from the informed packaging unit without which, besides, the whole products amount is concerned. With divergence expressly desired to the packaging unit usual with us the attacking packaging additional costs are calculated.
The delivery follows after our choice through an usually suitable transportation and on invoice of the buyer plus the packaging and insurance expenses, unless from our price list valid in each case something else arises. Besides, transport insurances are closed only at explicit wish of the buyer. The deliveries follow - even if we carry the carriage costs - always on danger of the buyer, unless we carry out the transport by own vehicles and own staff and the damages are not caused by third. The danger goes with the handing over of the product to the post, the parcel service, the forwarding agent or the carrier, at the latest, however, with the abandonment of the plant or warehouse on the buyer. This in particular also counts to sales with which CIF, CFR, FAC, FAS or FOB was agreed. The separately stated dispatch conditions count to deliveries abroad.
8. PRINTED PRODUCTS; PROOF SHEETS; PRESSURE PRESENTATIONS
As far as the order a printed product is enclosed and nothing else is expressly regulated, is the buyer obliges us with placing of order to make available a pressure presentation. If he does not follow to this obligation in spite of written request with a period of 10 days, we are to be requested entitled to him in writing under settlement of an extension of other 10 days with rejection threat to the transmission. If this period also passes by futilely, we are entitled, damage substitute under suitable application of the Ziff. To demand 12 these conditions. By us additional expenses in debt on account of an unreadable pressure presentation, or on account of a correction becoming inevitably thereby of the proof sheet, or as a result of one of the buyer in divergence of the pressure presentation desired change of the proof sheet are not subtracted after the working hours really used for it. Before the use to us by the buyer made available pressure presentation a proof sheet / pressure is sent him to the license. The buyer has to check the proof sheet (preproducts and interproducts) for his contract moderation and for clause and other mistakes. We do not stick for mistake overlooked by the buyer, in particular spelling mistake. The buyer is obliged to explain within 10 days after access whether he accepts the correction presentation. At the end of this period we are entitled to bet an extension of other 10 days to the sale of the explanation with the tip to the buyerin writing that we look at the proof sheet as sanctioned after the futile deadline. If no explanation of the buyer is to us at the end of this extension, the license counts as given. If the manufacture and remittance of a proof sheet remits us, we stick hinsichlich of any mistakes only for coarse carelessness and intention.
Customary and technically inevitable tolerance in the paint, quality, material, weight and other executions is no shortages. Basically an elective paint can be returned only on white subsoil almost color-faithful. To the avoidance a subpressure is to be carried out in white or a double pressure (additional expenses). It is renounced here, color divergences between presentations and reproductions as well as between pressures and production pressure show no Mägel capable of rebuke, as far as they are justified her reason in the natural qualities of the materials to be printed. We stick for light fastness, changeability and divergence of the material paints and printing inks as wellas for the state of wood, spraying, Imprägnierung etc. only in this respect when the shortages of the materials would have been recognizable before their use in sachgemäßer audit. We do not stick for changes by not expert or to long storage of the delivered product. We agree with the buyer with regard to our products exclusively on those state signs as available which arise from the relevant specifications in our catalog, instructionss, to technical date sheets and leaflets. As far as our specifications there are incomplete to an essential state sign of our products or are completely absent, the German Institutefor Standardization writings valid for our products or the EC – regulations, the stand of the technology or the valid practise are in addition in the trading (in this order) authoritatively. There and in our catalog, instructionss, technical date sheets and leaflets performed state signs are not agreed by us in no case tacitly (implied) with the buyer as available. §434 paragraph 1 clause 3 Civil Code remains untouched. For the suitability of our products for from the buyer to intended, about the usual use exceeding intended purpose we take over no guarantee and no liability, unless we have expressly assured of the suitability. The warranty period amounts 12 months from handing over of the thing to the buyer, unless, it a longer period was agreed in writing. §479 Civil Code remains untouched. The buyer has to examine the product immediately after entrance of the product in the destination for flawless state, completeness and contract moderation. §377 HGB finds in this respect application. The buyer has to reprimand evident and with proper investigation recognizable shortages within 10 dayson receipt of in writing. Not evident and with proper investigation recognizable shortages the buyer does not have to reprimand within 10 days after discovery in writing. With Versäumung of the period a guarantee is not considered for the shortages affected of it. §479 Civil Code remains untouched. In the case of entitled and timely objections we are entitled to carry out the removal of the shortage or a spare delivery after our choice. If the removal of the shortage or the spare delivery is unsuccessfully or the objections do not become within an other, repaired in writing extension to be put of 15 days, the buyer can require lowering of the purchase price or cancellation of the contract for his choice. Further claims, in particular on damage substitute or substitute of vain expenditure, are excluded, unless, they are based on intention or coarse carelessness on our part or our fulfilment assistants. The liability in cases roughly of careless injury of contractual accessory obligations of easy fulfilment assistants is limited after the height to the predictable measure of a damage. With sharpened pencils in bright color skill we take over no liability for the cleanness, because by the transport graphite dust can free itself.
10. MATERIAL PROVISION
For the efficiency of the material made available by the buyer for manufacture the given Auftragesübernehmen we no responsibility. The buyer has to deliver this material no delivery charge.
The buyer is only responsible for the audit of the right of the duplication of all pressure bases. He has to release us from all claims of third because of such a law breaking. All copyright rights of use in any procedure and to any intended purpose in own sketches, designs, originals, films and such remain, provisory expressly to other regulations, us. Means of production – as for example films, Lithogrphienen, pressure plates, stereotypes, sieves, punches, etc. - remain, provisory expressly to other regulations, our property.
12. DAMAGE SUBSTITUTE PAUSCHALIERTER
If the buyer expressly or implied without justifying reason refuses the fulfilment of the contract, in particular the purchase of the subject matter of the contract, we are entitled by repeated written request under rejection threat with a period of 10 days to require a Schadensersatzpauschale at the rate of 25% of the order sum at place of the completion ofcontract. The assertion of a darüberhinausgehenden damage is left.
13. RETENTION OF TITLE
The delivered product remains up to entire fulfilment of all of the company Reidinger GmbH to being entitled claims against the buyer from the business connection our property. The buyer is entitled to dispose of the product in the proper business dealings to usual conditions and to disposeof it. Today, nevertheless, for the protection of our claims he already kicks all demands which arise to him from the resale against his buyers, by height of the invoice amount incl. the legal VAT to us from namely no matter whether the product was resold without or after processing. By processing or connection of our product with other products is entitled to us without obliging us, the Miteigentumsvorbehaltan of the new thing in the relation in which the invoice amount of our product stands to the sum of the invoice values of the remaining used product. The value of the reservation productfor the purposes of this condition is our invoice value. If the buyer becomes an only proprietor of the new thing, herewith counts alsvereinbart that a joint ownership is granted in the precalled relation. On demand of the buyer we are ready and obliged to release securities after our choice, as far as possible the value of the securities exceeds the value of our demands from the current business relation about 20%. ZurEinziehungof the demands against his buyers remains the buyer entitled, as long as the buyer seinenZahlungsverpflichtungen to us follows towards properly and on time. Our competence to draw the demand independently remains untouched from this. Nevertheless, we undertake not to draw the demands, as long as the buyer to his bills of debt from the taken in proceeds follows, is not in default and in particular no application for opening an insolvency procedure about the property of the buyer is. Actual of this the case, the buyer is obliged to lay invoice to us about the sales of the reservation product, to name the third debtors tous and to give to us all information necessary for the collection. He has to indicate third debtors the cession unsolicited and to request them to the payment only to us. The buyer is obliged to treat the reservation product carefully and devotedly and to insure of them by water, fire, burglary, theft and other usual risks. The buyer fulfilment-half resigns all claims against him or the insurers or against the third Schädigerto us. About execution measures of third in the reservation property or in the demands resigned for the protection against third customers the buyer has to inform us immediately under surrender all for an intervention by us to necessary information and papers. The expenses of the intervention has
the buyer to carry. Further the buyer has to indicate damages and loss of the reservation product as well as every change of his company headquarters or residence us. The company Reidinger GmbH accepts the preceding cessions.
14. PLACE OF DELIVERY, LEGAL VENUE
Place of delivery for all claims from contractual relations between us and the buyer is a wether castle. Legal venue is, provided that buyer actual businessman, a juridical person of the public right or public special property is, Bad Kissingen namely also for complaints in the change or cheque process. This also counts with contracts with foreign contracting partners. For the contractual relationship exclusively German right is decisive. The applicability of international laws, e.g., of the UN-purchase right,
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