1. General information
Conditions of sale and delivery serve the purpose of eliminating inconsistencies from the outset and to ensure a smooth business process. Therefore, all deliveries on the basis of the following conditions, which are binding on the customer by order Recognized. Verbal or verbal agreements shall only be valid if they have been made by us in writing are confirmed. Should any of the following provisions be omitted for any reason, If a provision should not be used, the remaining provisions remain valid Unaffected.The invalid provision is replaced by a legally permissible provision which corresponds to the meaning and purpose as closely as possible.
Offers and order confirmation
Our offers are free. Orders for this are usually order confirmations. Orders placed on terms which are contrary to our requirements deviating purchasing conditions or counter-confirmations shall only be deemed to have been accepted if they have been confirmed in writing and specify the contract or contract in question. It goes without saying that the principles of loyal merchants are also taken as a basis and a correct one fulfillment of the contract. Further sale is permitted only in the unharmed original packaging. Offer and confirmation of order are subject to the express reservation that errors of all kinds, in particular writing and arithmetic errors, do not bind us and a correction is possible at any time.
Our earths, substrates and cork are based on many years of experience from the best raw materials prepared and carefully mixed. They are therefore subject to ongoing scientific research control by the LUFA Münster and the company's own laboratory. If a delivered product is defective, we will initially make our choice for defects of the goods warranty by repair or replacement. If the supplementary performance fails, the customer can, at his discretion, reduce the price (Reduction) or cancellation of the contract (withdrawal). At a just minor non-conformity, in particular with only minor defects, is the customer's responsibility but no right of withdrawal. The customer has to carry out investigations immediately after receipt of the goods and for obvious reasons deficiencies immediately in writing, otherwise the assertion of the warranty claims excluded. The customer has the full burden of proof all claims, in particular for the defect itself, at the time the determination of the defect and the timeliness of the complaint. if the customer declares the defect due to a defect in title or defect, withdrawal from the contract, he is not entitled to claim compensation for the defect. If the customer receives compensation after failed supplementary performance, the goods remain with the customer, if this is reasonable. The compensation shall be limited to the difference between the purchase price and value of the defective thing. This does not apply if we cause the violation of the contract to be malicious have. For entrepreneurs the warranty period is one year from delivery of the goods. The customer will not receive any guarantees in the case. Manufacturing guarantees remain unaffected. In the case of special mixtures, our warranty obligation applies only to earth, substrates and cork, not to the customers' desired additives. Consultations by the buyer, in particular on the use of our goods, are made without guarantee. For a we are only liable for the suitability of the goods for certain cultures, if we expressly do so in writing have secured. When reused, it is necessary to work on the nature of the earth with small sentences Of plants advisable.
4. 4. Limitations of liability
We shall not be liable to entrepreneurs in case of slightly negligent violation of insignificant contractual obligations. The above limitations on liability do not affect the customer's claims arising from product liability. Furthermore, the liability limitations do not apply to our body and health damage or in case of loss of the customer's life.
Deliveries are normally made in the delivery period indicated in an order confirmation. This period begins on the date of the order confirmation and is understood including the duration of the transport. Fixed delivery dates require a written agreement. Possibly. Any waiting times are not refunded. The goods are rolled at the expense and risk of the buyer. Europalettes must be returned immediately in exchange. If the buyer is in default with the return, we can reject the return and calculate the cost, and currently EUR 11.25 plus the applicable value-added tax for each Europalette. If we are in arrears, the buyer can only be informed of the expiry of a reasonable deadline by the to the extent that the goods have not yet been delivered or disposed of as ready for dispatch is reported. No claims for damages due to non-compliance or delay may be derived. The dangers resulting from the delivery (weight loss, volume loss, accidents, confiscation, fire, etc.) and their consequences are generally transferred to the buyer upon delivery of the goods in our factory. This also applies to freight-free or cif delivery or collection of the goods. In the case of delivery with our own freight trains, such as the road or the operating site for the load train used. Transports are insured at the request and expense of the buyer. We are entitled to partial deliveries, as long as operational necessities force us to do so. However, claims for damages by the buyer can not be derived from this. Complaints of the partial deliveries do not entitle the customer to reject the remaining delivery. Indirect or direct delivery prevention or aggravation, which for us unforeseen Or inevitable, shall be deemed to be force majeure. All cases of force majeure, labor shortage, vehicle failure, stagnation during procurement or promotion of raw materials, in particular, if the conditions of our pre - in part from the delivery, other operating disturbances or an increase in the price of the goods raw materials entitle us to a corresponding extension of the delivery period.
6. prices and payment conditions
We deliver and calculate at the prices valid on the day of delivery. The price stated in the order confirmation shall be decisive for invoicing of VAT. The calculation of the delivered goods is made on the day of delivery. We reserve the right to correct mistakes and errors. The following conditions apply for payment of the invoice: Payable 30 days net without deduction, 2% Discount within 10 days. Our invoices are due in cash irrespective of the receipt of the goods, even for partial deliveries or notification of complaints. Payments are initially made on unsecured, otherwise on the oldest claims, interest and costs first. Cash discount is only recognized after cash payment of due debts. If we accept bills of exchange and checks instead of cash, only under the reservation of their redemption and without liability for timely submission or reimbursement of all expenses and expenses. The customer has a right to offset only if his counterclaims have been legally established or have been recognized by us. The customer can only exercise a right of retention if his counterclaim is based on the same legal relationship. In the case of initial transactions, we reserve the right to demand prepayment. In the event of a delay in payment, even if it occurs without a reminder, we may charge default interest at bank rates, but at least 3% above the official bank rate and claim further damages. All costs resulting from a dunning procedure shall be borne by the Purchaser.
7. Contract fulfillment and payment
In the event of non-compliance with the contract - even without fault - we may, without notice and without notice other rights, further deliveries and one or more orders in whole or in part or refuse and the immediate payment of all deliveries, advance funds as well as at fault claim damages due to non-fulfillment. The delivery of an order can - despite an order confirmation has been given - shall be refused if circumstances become known which affect the creditworthiness of the buyer, affiliates, shareholders or a person liable for exchange. The proof of this is the information provided by an honorable guarantor, credit agency or bank, without the buyer can request the submission of the information. Our drivers and field staff are without not authorized to accept payments and other remunerations. By negotiating a complaint, we do not waive the objection of belated or Inadequate complaint. The defect claim is statute barred 4 weeks after rejection of the complaint by us.
8. Retention of title
The delivered goods remain our property until complete payment. The buyer may use, process or resell the goods in the ordinary course of business with the proviso that in case of use or processing the co-ownership of the new thing (Plant stock, etc.) in proportion to the value (to the purchase price) or that the claim is transferred from the resale to the extent of our claim. The buyer sells our property free of charge. In the event that the buyer sells our goods, he hereby assigns all claims against its customers, even as far as they are charges for labor, foreign goods etc., with all collateral (ownership and possession right) to us. The buyer is only entitled to our goods in the ordinary course of business, as long as he trader and is not in default. In the event of default, the buyer shall be obliged to provide us with information on his or her receivables. In the event of any assignments of his customers, he has to inform us of these and to provide us with the necessary information And documents. The buyer is obligated to arrange a retention of title upon the sale of our goods. If we take back goods due to the reservation of title, there is no rescission. The buyer is liable for the lost profit or at his option for the inferior value of at least 10% of the delivery value; If the customer proves a lower inferior value, this is too compensate for. He has to inform us immediately by telephone or by fax, if someone attacks our rights. We are entitled at all times for our claims according to choice collateral, in particular basic debt and to demand their reinforcement as well as to use the buyer's assets as collateral and, if necessary, to recycle.
9. Final provisions / place of fulfillment and jurisdiction
The law of the Federal Republic of Germany applies exclusively to deliveries abroad. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply. Is the customer merchant, legal person of public law or public law exclusive jurisdiction for all disputes arising from this Agreement place of business (Schermbeck).
Stender AG, 46514 Schermbeck