for the firm of Rost, wooden inlays for musical instruments, owner: Oliver Rost, Hauptstrasse 69, 56290 Macken, Germany
Valid from: January 7th 2016
Our terms of sale are exclusively applicable. Deviating conditions of the customer require our written agreement.
1) LEGAL CHOICE
The German law is the governing law for all contracts.
2) TAKING ACCEPTANCE OF AN ORDER
A contract is achieved with our written confirmation.
All our offers are without obligation until this written confirmation is received.
3) DELIVERY DATE
Any delivery dates and times established for our deliveries or services are without engagement, unless otherwise explicitly agreed in writing. The delivery times shall commence once an agreement has been reached concerning the details of performance required in the provision of our service, the customer has furnished the information, documentation and materials he or she was to procure, and - in case an advance payment or a down payment was agreed - the agreed price and the down payment, respectively, have been made. If the customer does not actively cooperate or requests changes, the delivery date shall be appropriately postponed and delivery times shall be extended, respectively.
Unforeseeable inevitable events (e.g. war, war-like circumstances, shortage of energy and natural resources, sabotage, strike) as well as other operational breakdowns or government action beyond our control release us from our obligation to furnish a delivery or a service during the presence of the aforementioned events including if these occur in the course of any existing default. In such cases, delivery dates and times shall be appropriately extended. Likewise this applies in cases of untimely or defective deliveries or services by our suppliers, which are beyond our control.
If we fail to observe a binding delivery time for reasons that are not beyond our control, the customer shall – provided that he or she can proof that he or she has sustained a loss – be entitled to demand a compensation for default in the amount of 0.5 percent for any complete week of default up to a total of 5 percent of the value of that part of the delivery for which a default exists. Further claims of the customer are excluded in any case of delayed delivery including after the lapse of any reasonable extension. This shall not apply in so far as a mandatory liability exists e.g. in cases of intent, gross negligence or injury of life and limb. The customer's right of rescission after futile lapse of any extension granted to us remains unaffected.
Within the framework of the following provisions we guarantee that at the time of passing of risks for the delivery or service, the products furnished and the services provided are without defects that annul or more than insignificantly reduce the value or the eligibility for the customary use or a use presupposed in the contract.
4.1) If at the time of passing of risks our services and deliveries present a defect, we shall remedy the defect free of cost or make a new delivery or provide a new service, respectively, at our own discretion. We shall not guarantee in case of normal wear and tear, and of deficiencies caused by improper use, improper treatment, improper storage and failure to comply with manufacturer's, assembly or operator's instructions. The right to guarantee expires both in case of improper treatment by the customer and third parties commissioned by the customer.
4.2) Unless otherwise expressly agreed in writing all information about our products, in particular the figures, drawings, technical data and reference to standards and specifications contained in our information brochure, do not represent guarantees in terms of condition and shelf-life of the product, respectively, as defined in Articles 443, 276 of the German Civil Code (BGB), but descriptions or specifications. The same is applicable for the delivery of samples or specimens.
4.3) The customer is obliged to inspect the products immediately upon delivery and to report deficiencies or variations in quantity identified during inspections immediately in writing. This shall also apply if samples or specimens had been made available to the customer. Otherwise the goods are considered to be accepted, unless deficiencies exist that were not identifiable during the inspection. The customer has to ensure that suited conditions exist for the further processing of our products. Unless otherwise agreed we do not guarantee the compatibility of our products with materials and means used by the customer to further process our products. Any detriment for our products caused by further processing in the customer's environment fall within the customer's area of responsibilities.
4.4) The limitation period for customers in action for breach of guarantee is 12 months and starts at the time the products are handed over to the customer at the place of performance, at the latest when the products are delivered to the customer. In so far as the subject matter of the contract consists of work performances – including delivery of work on articles that are beyond our control – the limitation period begins with the acceptance as defined in Article 640 BGB.
4.5) If the remedy or replacement delivery is to no avail, the customer shall be entitled – without prejudice to any possible claims for damages – to demand a reduction in payment or to withdraw from the contract.
4.6) A claim of the customer based on defects does not exist in cases of a deviation from the agreed quality and an impairment of fitness of the products for use that are merely irrelevant.
4.7) Any further claims are excluded, unless otherwise specified in the present terms and conditions of sale.
5) PRICING METHOD
Our stated prices are exclusive of VAT, packing and dispatch.
6) TERMS OF PAYMENT
6.1) The customer shall pay within 30 days from date of invoice. Payment within 8 days less 3% cash discount.
6.2) Credit cards (VISA-Card and Master Card) as currencies become from us accepted.
6.3) An advanced payment of 30% of the value of the ordered goods has to be made for exclusive production.
6.4) In delayed payments we have the right to charge accumulated interest of 2% over the respective discount of the German Federal Reserve Bank from the date of default.
6.5) An indemnification of € 10.00 has to be paid for each reminder.
6.6) The customer's cost with other than disputed or non-appealable ascertained claims is inadmissible.
7) SPECIAL PAYMENT CONDITIONS FOR FOREIGN DELIVERIES
Other than specified in para. 6.1 the products are shipped abroad only after prepayment.
As the products are handed over to the shipping company the risk of loss and deterioration of the goods, which is beyond our control, passes to the customer. An insurance of the transport risk shall only be bought if requested by the customer, who has to bear the costs.
9) RESERVATION OF TITLE
We shall retain title of the delivered products until the purchase price has been fully paid.
Our products, designs and catalogues are reserved to the right of property and copyright. Without our agreement they shall not be reproduced, distributed or utilized in any other way.
11) PUBLIC AUCTION OF CHATTELS BY THE DEBTOR
In case of the customer's default in an exclusive production, we are allowed to a public auction of the products. Possible copyrights of the customer are transferred to us.
12) CLAIMS FOR DAMAGES
Claims for damages by the customer, irrespective of the underlying legal reason, in particular on the grounds of an infringement on responsibilities resulting from the contractual obligations and for unauthorized action, are excluded.
This does not apply in cases in which intent or gross negligence is imputed to us or our vicarious agents. Likewise the exclusion of liability will not apply in cases in which we or our vicarious agents are subjected to mandatory liability for the injury of life and limb, or for the assumption of a guarantee for the existence of a feature. We are liable including in cases of slight negligence for an infringement on essential contractual obligations, as the customer may specifically rely on our compliance with these obligations.
In cases of slight negligence of essential contractual obligations, and of intent and gross negligence by such associates or other vicarious agents who are no senior employees, we are liable to the amount of the damage that can typically be anticipated taking into account all significant and recognizable circumstances.
These provisions shall be without prejudice to liability pursuant to the Product Liability Act.
The preceding provisions do not entail a change of the onus of proof to the disadvantage of the customer.
13) PLACE OF PERFORMANCE / JURISDICTION
is 56290 Macken (Germany). For contracts with commercial merchants entered in the commercial register Koblenz (Germany) shall be the agreed place of jurisdiction.