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1. Validity
Other business conditions are explicitly rejected unless otherwise agreed in writing.
2. Quotations
1. All our quotations are subject to change without notice. The Goods are purchased by Buyer solely for industries, commercial and business enterprises. Only written quotations are binding. This is also valid for collateral agreements, date and terms of delivery.
2. Technical or production modifications and corrections are subject to change.
3. Statements about weight, measurement, capacity, performance, colour etc. are standard values only, unless these representations are declared as binding in the acknowledgement of order.
2. Technical or production modifications and corrections are subject to change.
3. Statements about weight, measurement, capacity, performance, colour etc. are standard values only, unless these representations are declared as binding in the acknowledgement of order.
3. Pricing
Our prices are net prices plus the legal value added tax. Packaging, transportation and insurance are not included. Prices are subject to change without notice.
4. Orders
1. Minimum order value is Euro 500,-.
2. Customer is liable for the accuracy of documents, drawings, copies or samples etc. he hands over to us and Customer releases us from possible third party claims.
3. Customer shall verify the promotional items offered and designed by us with respect to their legal or especially to their competitive admissibility. We do not guarantee any protective or competitive compliances.
4. Pre-production samples and other samples are charged according to the accrued costs.
5. Usual variations of samples, colours and characteristics are reserved. Overruns or under-runs of not more than 10% for orders with promotion settings are usual in the trade and will be accepted and will not justify any claims for subsequent delivery, warranty or indemnity.
2. Customer is liable for the accuracy of documents, drawings, copies or samples etc. he hands over to us and Customer releases us from possible third party claims.
3. Customer shall verify the promotional items offered and designed by us with respect to their legal or especially to their competitive admissibility. We do not guarantee any protective or competitive compliances.
4. Pre-production samples and other samples are charged according to the accrued costs.
5. Usual variations of samples, colours and characteristics are reserved. Overruns or under-runs of not more than 10% for orders with promotion settings are usual in the trade and will be accepted and will not justify any claims for subsequent delivery, warranty or indemnity.
5. Delivery Time
1. Delivery times shall be only approximately agreed unless a fixed delivery date is assured in writing. Delivery times and fixed dates shall be valid as of delivery in Bad Soden/Taunus or ex factory of one of our third suppliers and they are only binding after expressed written confirmation.
2. Delivery times and fixed dates shall be binding only, if we were in possession of all the Customers´ documents and samples at the acknowledgement of order.
3. Seller shall not be liable for the delay or failure in the performance of any of its obligations under this Agreement where such delay or failure is by reason of any cause or causes beyond the control of Seller, including, but not limited to, acts of God; war; labour disputes; governmental action; laws or regulation; fire; accident; transportation difficulties; delay in or failure to make delivery by a manufacturer or supplier; or inability to obtain labor or materials.
2. Delivery times and fixed dates shall be binding only, if we were in possession of all the Customers´ documents and samples at the acknowledgement of order.
3. Seller shall not be liable for the delay or failure in the performance of any of its obligations under this Agreement where such delay or failure is by reason of any cause or causes beyond the control of Seller, including, but not limited to, acts of God; war; labour disputes; governmental action; laws or regulation; fire; accident; transportation difficulties; delay in or failure to make delivery by a manufacturer or supplier; or inability to obtain labor or materials.
6. Shipping
Customer shall pay all shipments and shipping shall be at the Customer´s own risk. The risk shall be transferred to the Customer when the shipment is handed over to the person in charge of the transport or when it shall leave our storage depot for shipment.
7. Payment
1. Invoices shall be paid within 8 days deducting 2% discount or shall be paid within one month net.
2. All amounts not paid when due shall bear interest at 5% above the corresponding base interest rates p. a. Enforcement of higher interest rates in case of delay is reserved.
3. If the credit standing of Customer becomes, in any circumstances doubtful, after the contract has been executed we shall demand a pre- or security payment within an acceptable period and the performance shall be rejected until the contract has been performed. If this period ends without any success or if the Customer refuses to perform we shall be entitled to cancel the contract and claim for indemnity due to non-compliance.
4. Customer shall have the right to set off, diminish or retain only if his counterclaims have been legally determined, or if they are uncontested or if they have been accepted by us. The Customer shall only have the right to retain as far as his counterclaim is based on the same contractual connection.
2. All amounts not paid when due shall bear interest at 5% above the corresponding base interest rates p. a. Enforcement of higher interest rates in case of delay is reserved.
3. If the credit standing of Customer becomes, in any circumstances doubtful, after the contract has been executed we shall demand a pre- or security payment within an acceptable period and the performance shall be rejected until the contract has been performed. If this period ends without any success or if the Customer refuses to perform we shall be entitled to cancel the contract and claim for indemnity due to non-compliance.
4. Customer shall have the right to set off, diminish or retain only if his counterclaims have been legally determined, or if they are uncontested or if they have been accepted by us. The Customer shall only have the right to retain as far as his counterclaim is based on the same contractual connection.
8. Reservation of Title
1. All Goods delivered shall remain our property until the purchase price including additional charges has been fully paid. Until then the Customer must treat these Goods carefully and the Goods should be stored separately. The obligations shall be observed, otherwise we shall be entitled to cancel the contract even without executing our right of rescission and without giving a period of grace and we shall have the right to take possession of the goods.
2. Regarding bill or check payments the reservation of title shall last until the check/bill has been cashed.
3. Customer shall not pledge the Goods or give it as security to third persons.
4. For security reasons the Customer shall cede all claims and rights due to the sale or if applicable due to the lease of the Goods to us forthwith. Herewith we shall accept this cession. Within the ordinary course of business the Customer remains entitled to collect outstanding debts. Should contravention of the obligations herein arise, upon our request the debtors have to be informed of the cession; we shall have the right to disclose the cession.
5. In case of access of the Goods by third parties the Customer shall refer to our ownership and shall inform us immediately and shall give us all documents necessary to intervene.
6. Our authorization in relation to the reservation of title contained in the subsequent condition is that when the terms of payment are not fulfilled, that the Customer is not entitled to dispose of the Goods, and that at least one notice of protest is addressed to him, or that an insolvency proceeding will be commenced against him.
2. Regarding bill or check payments the reservation of title shall last until the check/bill has been cashed.
3. Customer shall not pledge the Goods or give it as security to third persons.
4. For security reasons the Customer shall cede all claims and rights due to the sale or if applicable due to the lease of the Goods to us forthwith. Herewith we shall accept this cession. Within the ordinary course of business the Customer remains entitled to collect outstanding debts. Should contravention of the obligations herein arise, upon our request the debtors have to be informed of the cession; we shall have the right to disclose the cession.
5. In case of access of the Goods by third parties the Customer shall refer to our ownership and shall inform us immediately and shall give us all documents necessary to intervene.
6. Our authorization in relation to the reservation of title contained in the subsequent condition is that when the terms of payment are not fulfilled, that the Customer is not entitled to dispose of the Goods, and that at least one notice of protest is addressed to him, or that an insolvency proceeding will be commenced against him.
9. Warranty
1. Customer shall check the delivered goods without delay.
2. Rejections shall be enforced within eight days in writing. The receipt of goods and the arrival of the complaints are conclusive for the calculation of this period. The period of warranty is one year.
3. We shall have the right to make improvements.
4. If defects are justified we shall have the right to perform as in the subsequent sub-clause . If the improvement is not successful Customer shall have the right to deduct or to resign from the contract.
5. Customer´s warranty rights are not transferable.
2. Rejections shall be enforced within eight days in writing. The receipt of goods and the arrival of the complaints are conclusive for the calculation of this period. The period of warranty is one year.
3. We shall have the right to make improvements.
4. If defects are justified we shall have the right to perform as in the subsequent sub-clause . If the improvement is not successful Customer shall have the right to deduct or to resign from the contract.
5. Customer´s warranty rights are not transferable.
10. Limitation of Liability
1. Claims for damages due to inability, positive violation of contract, fault at conclusion of the contract and an unlawful act against us or our agents are limited to gross negligence and up to1 1/2 times of the Good´s or contract value of our performance.
2. For gross negligent infractions of main contract obligations claims for reimbursement are limited to the predictable damage at the conclusion of the contract.
2. For gross negligent infractions of main contract obligations claims for reimbursement are limited to the predictable damage at the conclusion of the contract.
11. Place of Delivery
Place of delivery is Bad Soden/Taunus.
12. Jurisdiction
Place of jurisdiction is Königstein/Taunus.
2009
mansard werbemittel gmbh
Hauptstraße 106-110
65812 Bad Soden
Postfach 2120
65803 Bad Soden
Phone (06196) 50 65-0
Fax (06196) 2 83 34
ISDN (06196) 50 65-19
E-Mail mansard@mansard.de
Internet www.mansard.de
mansard werbemittel gmbh
Hauptstraße 106-110
65812 Bad Soden
Postfach 2120
65803 Bad Soden
Phone (06196) 50 65-0
Fax (06196) 2 83 34
ISDN (06196) 50 65-19
E-Mail mansard@mansard.de
Internet www.mansard.de
