General Terms and Conditions
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. OFFSETTING, RIGHT OF RETENTION
Offsetting the purchaser's claims against our claims is only permitted if those claims are undisputed or legally established. A right of retention on the grounds of other claims that the purchaser has against us that do not originate from the same contract 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 unavoidable tolerances in the colour, quality, material, weight and other specifications do not constitute defects. In principle, it is only possible to reproduce any selected colour in a colour close to the original on a white background. To prevent colour differences, a white underprint or double printing has to be applied (at additional costs). If this is not done, colour differences between samples and reproductions, as well as between proofs and production runs, do not constitute defects that give grounds for a complaint, provided that they are caused by the natural characteristics of the materials to be printed. We are only liable for light fastness, variability and deviations of material and print colours, or for the quality of wood, paint, impregnation, etc., if the defects of the materials would have been detectable before use following proper inspection. We are not liable for changes caused by protracted or incorrect storage of the goods supplied. Our agreement with the purchaser in relation to our goods is to supply solely the quality characteristics as described in the information given in our catalogue, directions for use, technical data sheets and advertising leaflets. Moreover, the following shall apply:
9.1. Material defect claims as well as compensation claims and withdrawal from the contract due to other breaches of duty
9.1.1 In the case of justified claims, supplementary performance will be at our discretion either by rectification of the defect or replacement delivery, provided that the statutory requirements in this respect are met. Furthermore, the purchaser is entitled to statutory rights of withdrawal from the contract and reduction of payment, provided that the statutory requirements in this respect are met. § 377 HGB (German Commercial Code) is not affected. The purchaser must notify us of obvious defects in writing within 7 days of delivery of the article and in the case of non-obvious defects, within 7 days of discovery, always stating exact details of the defect. This period is extended to 14 days where the goods are delivered to a third party. If the purchaser does not fulfil this duty, all warranty rights lapse except in those cases outlined in section 9.1.3 of this paragraph.
9.1.2 If exceptionally the purchaser is entitled to rights of recourse in accordance with the statutory provisions of § 478 BGB, these will only apply to the extent that the purchaser has not granted rights to his customer that extend beyond the statutory rights relating to material defects.
9.1.3 The purchaser's claims to compensation will apply in accordance with statutory provisions without limit if these are based on injury to life, body or health and are caused by an intentional or negligent breach of duty by us, one of our legal representatives or performing agents or
are based on the German Act on Product Liability or
are based on an intentional or grossly negligent breach of duty by us, our legal representatives or
performing agents or
on fraud or
the absence of expressly warranted features, if this warranty had the very purpose of protecting the purchaser against damages that did not occur to the object supplied itself or?we have accepted and are therefore liable for a procurement risk or a guarantee.
9.1.4 If damage is based solely on a negligent breach of an essential contractual duty (material duty) by us, our legal representatives or performing agents, we are also liable to pay compensation, the extent of which is, however, limited to what is normal for the industry and foreseeable, unless we are liable without limit in accordance with sections 9.1.2 and 9.1.3 of this paragraph.
9.1.5 Essential contractual duties (material duties) within the meaning of the foregoing provisions are duties that are vital to the proper performance of the contract and that the purchaser is entitled to depend on in the regular course of dealings. Furthermore, essential contractual duties (material duties) are those whose breach threatens the achievement of the purpose of the contract. Statutory provisions regarding the burden of proof will apply. Further compensation claims against us, our legal representatives, performing agents and vicarious agents are excluded, whatever their legal ground.
9.2 Limitation period for material defect claims
The purchaser's claims for material defects lapse one year after delivery of the goods, unless,
9.2.1 the claims are regulated by § 479 BGB or
9.2.2 the defect was fraudulently concealed or is the result of an intentional breach of duty by us or our legal representatives or performing agents.
In cases that fall under 9.2.1 and 9.2.2 and for compensation claims not excluded under § 11, the statutory limitation periods will apply.
The statutory provisions on the suspension, interruption of expiry and recommencement of limitation periods are not affected.
9.3 Right of withdrawal
In the absence of a specific agreement, the purchaser may withdraw from the contract if the object purchased is defective and the statutory requirements for withdrawal are met (particularly § 440 BGB). Furthermore, in the case of a breach of duty that does not consist of a defect in the object purchased, the purchaser can only withdraw from the contract if we or our legal representatives or performing agents are liable for the breach of duty and the statutory requirements for withdrawal are met. Legal provisions regarding the burden of proof will apply. The provisions relating to this in section 6 of these conditions are not affected. In other cases (e.g. inadvertent incorrect orders or other mistake as to motive by the purchaser), the purchaser may only cancel the contract or withdraw from it with our express consent. This does not constitute an entitlement to our consent to withdrawal. Where we give our consent, the article is to be labelled with our article number and returned to us carriage paid in the original packaging (Reidinger GmbH, Dr.-Georg-Schäfer-Str. 15, D-97762 Hammelburg, Germany). In these cases, the return is always at the purchaser's risk. We always charge a processing fee of 20% of the order value for returns, with a minimum charge of €250.00 unless it has been contractually agreed otherwise. If in these instances we have already purchased material for one-off production, this will also be borne by the purchaser at prime cost in all cases unless otherwise agreed in individual cases.
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. FLAT RATE FOR DAMAGES
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 Hammelburg. 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,