1. General
We exclusively sell at the General Terms and Conditions of Trade (GTCT) stipulated below. Unless any special conditions have been agreed to and confirmed
by us in writing, the following GTCT will apply, to which
the purchaser expressly agrees.
2. Contractual Relationship
Orders, additions, modifications as well as special agreements will only become binding after having been confirmed by us in writing.
3. Prices
The prices specified in the respective current
price list will apply with price variations and errors being reserved. A new edition of the price list supersedes the preceding one. For special offers, the price validity may
be limited to a certain fixed period. Prices quoted are understood as free at the place of performance of Wettstetten. Costs for packaging and transportation will
be added to the cost price incurred. The prices quoted
in Euros are inclusive of the currently applicable, legal
value-added tax (VAT).
4. Terms of Payment
Advance payment by bank transfer
to our bank account.
Cash on delivery (COD) plus the
extra COD fees.
Cash payment if picked up personally.
5. Terms of Delivery
We normally ship out our goods insured. We reserve the right to choose the type of shipping. Delivery is being made in consultation with the purchaser, specified delivery dates are considered non-binding.
Unforeseeable events, which may render our duty of performance technically or economically impossible – and which are not under our control –
entitle us to completely or partially withdraw from the contract or to appropriately postpone the delivery date without a claim
for compensation or subsequent delivery arising for the purchaser. We are, however, entitled to make partial deliveries at any time. Shipment is effected at the receiver´s order and risk. Therefore, please inspect the shipment for any visible damage upon arrival of the ordered goods and immediately complain to the deliverer,
if appropriate. Please, do not return a damaged shipment
to us, but lodge a complaint for damage in transit, yet
prior to signing the acknowledgement of receipt. Subsequently lodged claims are normally rejected by the parcel services.
6. Warranty
We warrant shipped goods within the scope of the legal provisions. Warranty in this sense only applies to defects occurring under normal operating conditions and proper use. Complaints for visible defects that are provably due to improper or deficient execution by us or unsuitable material are to be notified to us within a period of 8 days after the receipt of the goods. We are entitled to remedy the notified deficiencies within an appropriate period of time, subsequently improve or replace free of charge. Return deliveries must be free of any costs for us. Complaints are to be lodged to us by phone or in writing and we will decide on any further action. Only unaltered, undamaged and non-processed goods in their original packaging will be taken back.
A copy of the sales receipt is to be enclosed along with bank and account details. Returns for claims under the Distance Selling Act are to be made within a period of 14 days after the receipt of the goods. The goods will not be taken back, if they are damaged, processed or if packaged goods have been opened or have not been returned in the original packaging. The purchaser will bear the transportation costs, since this service will take place by the purchaser´s order according to Article 4, Paragraph (Roman) Four and is not part of the purchased object. Unless the shipment is free of costs for us, we basically do not accept shipments for which costs have to be paid. Any further claims against us as well as any liability for consequential damages are basically excluded, since we cannot influence and control the correct and proper handling of our products.
7. Ownership
The delivered goods remain in our ownership until our claims have been settled completely.
This also applies, if the shipped goods have been further processed, altered or sold to third parties.
8. Jurisdiction and Place of Performance
Jurisdiction and Place of Performance for all services is Schwäbisch Gmünd.
V-Form
Horst Pohlenz und Michael Weingart
Auf der Höhe 3
73529 Schwäbisch Gmünd, Mai 2006.