Internet - Store Delivery and payment conditions

 

Section 1 General

  (01) In commercial transactions between us and our customers are exclusively the following Terms and Conditions, unless explicitly agreed in writing by us or by fax an amendment is approved.

  (2) Any conditions in order forms or purchase letter of our customers are hereby expressly contradicted.

  They are also not effective contract, if we do not expressly oppose or if we receive under such conditions the supply run.

  (3) ancillary and assurances as well as changes or additions to a writing or by fax completed contract must be in writing 

    

Section 2 offers

  (1) Our offers are binding, unless they are limited in writing.

  (2) samples, brochures, technical descriptions and sketches as well as size and weight data provide general information of the buyer, they are only approximate where they are not explicitly written assurances are. 
 

Section 3 Prices

  (1) The prices offered are free and are from Saarbruecken. They include packaging, freight, postage, insurance, customs and other shipping not. The packaging is at our discretion, and at cost price, it will not be withdrawn.

  (2) The prices are subject to the tender contract underlying data remain unchanged. It come on the day of delivery valid list prices for calculation. Increases in the finished material and labor costs, between the confirmation and delivery occurred, can the client without prior notice will weiterberechnet, where he is a businessman. Otherwise, this provision applies only if the relevant goods or services under a continuous obligation or later than 4 months after the conclusion of the contract will be provided. 

Section 4 Delivery

  (1) delivery dates or delivery dates are conscientiously applied, so that in normal course of the production is likely to be met, but they are not binding, unless they explicitly written as authentic testimony. Treaty changes are subsequently agreed, is necessary while a delivery date or a delivery time once again to agree.

  (2) The buyer may be 6 weeks after crossing a tentative delivery date or a non-binding deadline for the supply us in writing, within a reasonable time to deliver. With this warning we come in late.

  Delivery will be a binding or a binding delivery period is exceeded, we already exceeded this with a delivery date or delivery date that is in default.

  The buyer can also supply the replacement of the default damages only, if we or gross negligence on the burden; the replacement of lost profits and other indirect damage is excluded. In the event of a default by the buyer can also write us a reasonable grace period with the words imply that he decrease after the deadline opposed.

  After unsuccessful expiry of the grace period, he is entitled by written statement from the contract or damages for failure to meet demand, the supply is entitled to in these cases. In the event that the buyer's claim for damages that are not on gross negligence or willful misconduct is due, the claim is limited to the immediate damage to the exclusion of lost profits and other indirect damage.

  This exclusion also applies to grossly negligent fault of our employees.

  (3) Will the execution of the transit or delayed due to circumstances which we do not have to represent, in particular energy or raw material shortages, mobilization, war-sovereign legal dispositions, internal unrest, greater disruptions, - interruptions, - closures, the impact of labor disputes, both both inside and outside the workplace is extended around the agreed delivery or delivery time for the duration of the delay. The disability lasts longer than 2 months, each party may withdraw from the contract without having done so for the other party with the exception of claims for benefits already provided. 

Section 5 Shipping

(1) The shipment is at risk and account of the buyer to the best of discretion, unless special provisions have been sold. Insurance carried out only on request and at the expense of the buyer.

(2) The danger of us not indebted carrier or damage to the goods and packaging is associated with the termination of loading for us to the buyer even if prices freight agreed. At the same time, the delivery duty as fully met.

(3) and transportation damage are missing on the day of receipt of the goods immediately in writing. Damage on the transport routes are or may be, must be closed immediately by delivering or his representative confirmed in writing. This applies also for railway, postal, shipping, UPS and other carriers, as well as for private carriers.

When damage is not immediately identifiable, which is so only when unpacking out, is an agent of the carrier, which must be immediately informed by the facts to convince. This damage must be in writing and keep us on request a copy available.

(4) fracture damage and shortages in transport by factory or private truck's are in the presence of the truck driver and observed by a written declaration by the truck driver and during the discharge of persons involved in specifying the exact names and addresses to show. 

Section 6 Warranty

(1) The buyer committed to the contract of the delivered product to be tested. Obvious deficiencies are within 2 weeks after receiving the goods to complain, the same applies to packaged product for shipping damage or missing. If the buyer is a businessman, are so obvious and / or deficiencies immediately recognizable, hidden defects immediately after their determination to complain.

  For Fristversäumung have excluded warranty claims.

  (2) In case of legitimate complaints, we are after our election to the exclusion of other claims for repair and / or replacement obligation, up to the amount of the contract value. If a repair or replacement is impossible or after a single replacement or repair twice the deficiency is not corrected or delay the replacement or repair to 4 weeks, so the buyer can cancel the contract or reduce demand. Entitled to a replacement does not exist.

  (3) Only in case of express assurance of properties or if we or our agents or gross negligence on the burden, we are liable to unlimited damages, with replacement of only indirect damage, including lost profits in the absence of a guaranteed property only be claimed may, if the explicit assurances on the risk implications of this shortage extends. For the rest, we damages caused by defects in ordinary negligence only to the exclusion of compensation for indirect damages and lost profits.

(4) Every complaint must be with us in writing or by us to be.

Our instructions concerning the further conduct regarding the disputed goods must be sought and followed. Following through unauthorized work on the goods supplied by us extinguishes any warranty obligation. Natural wear and tear or improper treatment does not justify warranty claims 

Section 7 payments

(1) payments may only be used directly to us to be done. Exceptions are only authorized in writing by us people.

The payment must be made within 30 calendar days from the invoice date without deduction to afford. For payments within 10 days from the date we grant a 3% discount. When written, we agreed debit 4% discount deduction. This applies only to the net invoice amount, not for cargo, port, packaging, insurance and taxes.

Accounts at EUR 25.00 and cash on delivery shipments are basically without any deduction to pay.

The granting of a discount requires that the buyer is not connected to other bills in arrears and that the entire amount minus discount paid.

(2) Unless otherwise expressly rules by the buyer are payments to the oldest outstanding accounts belonging to this, including secondary claims settled.

Checks and bills will only payment, bills only by special arrangement hereingenommen. Credits are always subject to the receipt of payment and without a previous payment of the purchase price, with no rights under the timely payment when due by the adoption of the check or bill is not waived, without any reservation required

Additional costs from the collection of checks or bills, particularly discount and recovery expenses, shall be borne by the buyer.

Discount deductions in exchange payments are excluded. 

Section 8 Retention of Title

(1) We retain ownership of all goods delivered until full payment of us because of the completed contract rightful claim (including) interest, secondary claims and costs of any legal proceedings before. The buyer is a legal entity governed by public law or a merchant, in which the contract to operate its commercial sector is one, then the property subject to the demands from our ongoing business relationship against him deserve.

(2) When processing with others, not the seller of goods belonging to the seller acquires ownership of the new thing after the ratio of the value of goods supplied by him and other goods at the time of processing.

(3) The new case is considered reserved goods within the meaning of these terms.

(4) The buyer assigns his claims from the resale of the reserved goods already in the amount from the seller to the value of the reserved goods.

(5) If the resale together with others, not the seller's goods at a total price, the buyer shall now his claim from the resale in the amount to the seller as to the value of the reserved goods.

  (6) If reserved goods in the ownership of the seller is resold, the buyer shall now his claim from the resale in the amount to the seller as to the value of the share ownership represents the seller.

  (7) value of the reserved goods within the meaning of these provisions is the Seller's invoice plus a Sicherungsaufschlages of 20%.

  (8) The rank of ceded part of the sum in the context of the overall adult buyer demand determines the seller.

  (9) The buyer is entitled to sell the reserved goods only with the understanding authorized and empowered to purchase receivables that the gem. Ziff2 to go through the seller. Among other decisions concerning the retention goods (including their pledge and transfer), the purchaser is not entitled.

  (10) The seller authorized the buyer subject to revocation to collect the receivables from the resale. From his own collection authority is the seller not to use it as long as the buyer's payment obligations.

  (11) We are committed at our discretion, at the request of the buyer to release collateral if their value exceeds the secured claims by more than 20%. If the buyer with a payment in arrears, we have the right to immediate delivery of the goods subject to demand. If the buyer is a businessman, it depends on the enforcement of this law will not release of the statement of resignation from one such resignation is in this case only if it is from us towards the buyer expressly stated. 

  
Section 9 Revocation

  (1) Is the contract under exclusive use of distance has been completed, the buyer can contract the declaration within two weeks without giving reasons in written form (FV-mail, fax, e - mail) or if his case before the deadline was left by Returning the goods. The period begins upon receipt of this instruction. To safeguard the withdrawal period is sufficient for the timely dispatch of the revocation or thing.

  (2) In case of an effective withdrawal the benefits received by each party to give back and, where appropriate towed uses surrendered. Can the purchaser's performance received wholly or partly or only in deteriorated condition, it must offer the seller, where appropriate value. When the transfer of cases this does not apply if the deterioration of the case solely on their examination is due. In addition, the purchaser's obligation to substitute for a value of the intended putting the matter to avoid deterioration resulting in which he did not like his property in use and take any action which could impair their value. Parcel things are at the expense of the seller and the danger returned. Obligations to refund payments should be made within 30 days met. The deadline for the buyer begins with the dispatch of the declaration or withdrawal of the case, for the seller with their reception. 

Section 10 Right of Return

  (1) The buyer may be preserved goods, which exclusively through electronic media were ordered, without stating a reason within two weeks by returning the goods back. The period begins upon receipt of instruction in text form, eg as a letter, fax or e - mail, but not before receiving the goods. To preserve the period is sufficient for the timely dispatch of the goods or the redemption request. In any case, the return on risk and expense of the seller.

(2) In the event of an effective return the received benefits returned and, where appropriate, drawn uses (such as use advantages) surrendered. In the case of a deterioration in the value of replacement product can be demanded. This does not apply if the deterioration of the product exclusively on their examination is due. In addition, the purchaser's obligation to substitute for a value of the intended putting the matter to avoid deterioration incurred by the commodity does not like his property in use and take any action which could impair their value. Obligations to refund payments should be made within 30 days met. The deadline for the buyer begins with the dispatch of the product or the withdrawal request, for the seller with the reception. 

Section 11 Other

(1) Where these conditions do not provide otherwise, are claims for damages of whatever kind on the occasion of the contract or preliminary hearings, unless that us or our agents or gross negligence or a burden that only slight negligence substitute for direct damage , But not for indirect damage and loss of profit is claimed.

(2) performance for all claims arising from the contractual relationship is for both contracting parties Saarbruecken. Jurisdiction for all these legal disputes is concerned Saarbruecken, where it is the Parties to merchants who do not need in Section 4 of the Commercial Code traders are designated as legal persons of public law or public law applies Fund.

(3) All content of the web page of corrosion FERTAN distribution mbH are protected by copyright and other intellectual property protection laws. The contents are intended only for the intended fetch freely usable. You may without the written permission of FERTAN GmbH does not in any way reproduced, distributed, altered or made available to third parties.

(4) Due to the ineffectiveness of one or more of these provisions is the effectiveness of the remainder is not affected.