General Business Terms and Conditions
- Validity of Conditions
- Formation of Contract
- Cancellation Expenses
- Period of Delivery
- Delivery and Dispatch
- Extended Retention of Title
- Commercial Legal Protection
- Question of Interpretation
- Place of Fulfillment, Court of Jurisdiction, Applicable Law
- Severability Clause
§ 1 Validity of Conditions1. These general business terms and conditions apply to delivery transactions with our business partners.
2. Our deliveries take place exclusively on the basis of these general business terms and conditions. Therefore, these business terms and conditions also apply to all future business relations, even if they are not expressly stated. Differing conditions of the customer are not applicable.
§ 2 Formation of Contract1. This contract is effective and binding upon the customers signature of the order form.
2. Our sales employees are not authorized to give oral additional agreements or express warranty which exceeds the content of the written order confirmation.
§ 3 Cancellation ExpensesThe order is binding, in case the customer cancels the order on rare occasions like insolvency or closure we may claim 30% of the net value of the goods for costs of order processing and for lost profit, irrespective of our right to claim a higher real loss. The customers right to prove less damage is unaffected by the above.
§ 4 Period of Delivery1. If a delivery period has been fixed, the customer is not entitled to call for compensation or withdrawal from contract in case the delivery date has been exceeded unless he set a final reasonable deadline.
2. The period of delivery will be extended in case of labour disputes, especially strikes and lockouts as well as unexpected obstacles, which are beyond our will (e.g. production interruption, delays in delivery of important materials) as far as it has been proved that these obstacles have a significant influence on the delivery of the item to be delivered. This is also the case if the circumstances affect subcontractors. The delivery period is extended by the period of delay of these measures and obstacles. We also cannot be held responsible for the above named circumstances if they occur during an already existing delay. In important cases, we will inform the buyer about the beginning and end of such delays. Should the delay last longer than one month, the customer can after an appropriate period of grace has been specified withdraw from the so far unfulfilled part of the contract. Further claims of the customer, in particular claims for damages, are excluded.
3. In case of a delay in delivery, customers claims for damages are possible only if the delay is due to wilful or intentional default or on gross negligence.
4. Partial shipments are permitted within the delivery period.
5. We reserve the right to cancel complete order lines or to deliver partially in case of production-related short deliveries.
6. In the event of customers late or non-payment of other delivery transactions with us, we are not obliged to effect further deliveries.
§ 5 Delivery and Dispatch1. The goods are delivered ex works.
2. 3% of the net invoice value of the goods for incidental costs (logistics and transport) shall be paid by the customer.
3. The goods are sent without insurance, unless the customer explicitly demands an insurance. The customer bears the insurance expenses.
4. The customer bears the costs for return shipments.
§ 6 Warranty1. Bulander & Weber GbR is only obliged to deliver merchandise of average kind and quality. Articles with commercial or minor technically non-avoidable changes in quality, colour, width, weight, finish, design and size up to one size are of average kind and are not to be considered as defect.
2. A warranty concerning fit and size compared to conventional measurement charts cannot be given.
3. In case pieces of the delivery are deficient, warranty shall be exercised by improvements or redelivery. If a second improvement fails, the customer may withdraw from the contract or reduce the purchase price.
4. Bulander & Weber GbR is not liable for compensation in case of warranty towards companies concerning consequential damage in the sense of 14 BGB.
5. The customer must inspect the goods immediately upon delivery and advise us in writing of any defects or variation in quality within 14 days of delivery. Apart from that, 377 HGB is applicable accordingly. 377 section 4 HGB is excluded.
6. All claims against Bulander & Weber GbR expires within one year after delivery at the latest, as long as no shorter limitation of action period is requested by law.
§ 7 Payment1. Unless otherwise agreed, invoices must be paid upon the date of invoice, if paid within 8 days after the invoice date, 2% discount from invoice amount of goods can be deducted. If the goods are picked up in our factory/stock, the invoice must be paid immediately less 2% discount of the invoice amount of goods. No discount will be granted for reduced goods.
2. After the expiration of 31 days (from the date of invoice) we will charge you with a default interest of 12% on the total amount of the invoice.
3. All bank charges must be paid by the customer. Deductions like postal charges are inadmissible.
4. A payment is considered as paid when we can actually dispose of the amount. Cheques are only accepted subject to full payment of the debt and will only become effective once cashed in as payment. All corresponding arising costs are to be paid by the customer.
5. In case of a delay in payment of the buyer or a significant deterioration of the buyers financial circumstances, we are authorized to demand payment of the not yet due remainder of a debt. In this case, we are also entitled to claim advance payment or securities.
6. Rights of retention and offsetting are granted to the client only if his counterclaims are legally established, undisputed or recognized by us.
§ 8 Extended Retention of TitleThe extended retention of title according to § 10 of the conditions of the German Textiles and Clothing Industry (Einheitsbedingungen der deutschen Textilindustrie, version: 01.01.2002) applies to our deliveries. Upon the customers request we will forward him a copy of these conditions.
§ 9 Commercial Legal Protection1. The customer is not authorized to detach the brand name from our goods or to make the brand name unrecognizable, copy it or use it for other goods.
2. The customer is not authorized to use models of our company as samples for any other production or to place these samples at the disposal of third parties for this purpose.
3. Advertisement of the sale or price reduction of any article of any Bulander & Weber GbR brand SAAT is strictly prohibited.
§ 10 Question of InterpretationIn the event of any question of interpretation of our "General Business Terms and Conditions for the Sales of Textiles" printed in English, our "General Business Terms and Conditions for the Sales of Textiles" in German shall exclusively be applied.
§ 11 Place of Fulfilment, Court of Jurisdiction, Applicable Law1. Place of fulfilment is the registered office of Bulander & Weber GbR, Miesbacher Strasse 8, 85649 Brunnthal.
2. The court of jurisdiction shall be the competent tribunal for Munich. We are also authorized to initiate legal proceedings at the customers business domicile.
3. Should any disputes arise, the customer shall bear all legal costs including lawyers and court fees and collection charges.
4. The law of the Federal Republic of Germany shall exclusively be applied. The UN Convention on Contracts for the International Sale of Goods, dated April 11th, 1980, is excluded.
§ 12 Privacy1. The customer data will be stored for necessary legal and mercantile documentation of the process.
2. Data will be transferred to third parties only if necessary for the due performance of the contract. Due performance of the contract in this sense is the transfer of customers data to the credit insurer. No data is ever passed to third parties for advertising purposes.
§ 13 Severability ClauseShould one or more of the before mentioned parts of this contract be or become invalid, the validity of the remaining contract shall remain unaffected. The relevant legal provision shall be applied instead of the ineffective clause. If there is no relevant legal provision, the parties agree to replace the invalid clause by one which resembles most to the commercial purpose of the invalid or missing provision and which is valid itself.