General Contractual Terms
1. General
Our deliveries and services underlie the following terms of delivery and payment.
In case that they differ from the general contract terms of the other party to the contract, at least the similar terms are valid. For the other terms the parties agree, that the contract will still be reached. The parties agree, that the contract will still be realised. The law will take the place of the contradicting terms.
Orders placed by customers are not binding until a written acceptance from the FBI GmbH within 30 days is made. After this time the order placed is refused.
2. Place of performance and legal domicile
Place of performance is Bad Kreuznach. In case that both parties are businessman any disputes arising hereunder will be settled before a competent court of law in Bad Kreuznach. In other cases the terms of the ZPO are valid.
3. Samples
The FBI GmbH sends samples for your inspection with an accompanying invoice. If the samples are returned in their original packing and are not damaged you will receive a refund.
4. Offers
All offers are only valid while quantities last. Differences of the articles in quality and/or colour to the original sample are only possible to rebuke if the differences are substantial in common commercial. All rights reserved, differences due to differences in raw materials are possible.
5. Orders placed
Orders placed according to these contractual terms are binding, if the delivery takes place within 30 days.
Promises of our employees which differ from our price lists or general contractual terms as well as a shorter time of delivery as usual need a letter of confirmation to become valid.
The FBI GmbH reserves the right to take Advance- or Part-Payments in case of large orders.
6. Prices
All prices are ex works/ ex warehouse in Bad Kreuznach in € not including VAT and without Packing. The invoices are written the date the articles or part of the articles are posted. If the customer wishes a later date of delivery, the invoice will be written the date the articles are able to be posted.
Versus a person or persons unknown by us we deliver only to be paid on delivery, on account with a bank-guarantee or references of a German bank.
For deliveries with a net invoice amount under 50 € we charge an extra payment for
small deliveries of 10 €.
Deliveries abroad of Germany must have a net invoice amount of 500 €.
Discounts are only possible after agreement with the FBI GmbH.
In case of admonition all discounts and special prices lose their validity. In this case the regular price of our price list is charged.
We undertake no liability for printer’s errors in our price list.
7. Terms of payment
All invoices are payable within 14 days from the invoice date without deduction.
Payments made by check or bank transfers have to be made soon enough to be credited to our account within 14 days.
Deliveries sent C.O.D. which are not accepted will be charged with 10 €.
Payments by issue of a bill are not possible.
In case of late payments of customers the FBI GmbH will charge them e.g. reminder costs and interest of the rediscount rate of the LZB plus 2%. In case of late, according to provision clause payment of each delivery or part delivery, further deliveries even of current orders can be held back until a payment in advance is made or an authority of bank withdrawal is given.
Late payments of costumers interrupt the commitment to deliveries at a certain time until the payment is made.
In case that the FBI GmbH takes notice of deterioration of pecuniary circumstances or if the payment of the customer is late, the parties agree that the FBI GmbH can demand the payment of all outstanding invoices, even of not yet due payments.
8. Deliveries
The noted dates of deliveries are without engagement. If the terms of delivery are not held after an appropriate time, the customer can cancel the contract in case that he puts a further time limit of 21 days in which the delivery is not made. In case of the cancellation of the contract by the customer he receives a compensation payment only in the case of intent or gross carelessness by the FBI GmbH.
The set time limit starts after all questions to an order are answered. Orders placed by the customer with a fix set time of delivery are only effective after written acceptance by the FBI GmbH
The terms of delivery are kept, when the delivery is ready to be sent of or given to the carrier, if such a carrier is appointed by the FBI GmbH. The carrier is responsible for intent or gross carelessness.
Deliveries not made due to the customer are not justifiable by the FBI GmbH.
9. Postage and Packing
Our products are carefully packed. When products are damaged, this has to be reported directly to the carrier since the FBI GmbH is not responsible for these damages. In addition the complaint has to be made to us immediately.
The mailing is at the risk of the customer, no matter who pays the mailing costs.
There is no liability of the FBI GmbH if defects of products are not claimed directly.
Postage and package are paid by the customer.
Shipping type to be determined by the FBI GmbH. The Sender is liable only for intent or gross carelessness. There is no obligation to choose the quickest and/or most economical way of postage.
Once the products leave the warehouse of the FBI GmbH the customer takes over all costs and risks of the shipping. If there is a delay in shipment due to the customer, he takes over all risks the day the products are sent from the FBI GmbH.
Costs of special forms of postage e.g. sending by Express, must be paid by the customer.
10. Guaranty and liability
Complaints have to be placed directly to the FBI GmbH in writing within 5 business days after the products are received by the customer. The products are in commercial quality. In case of legitimate complaints the FBI GmbH has a right at their discretion to change the products or reduce the price. There is no right to receive a compensation payment. There is no liability for consequential damages unless in the cases of intent or gross carelessness.
Defects of parts of the delivery do not constitute the right to complaint about the entire shipment.
A change of products (compensation delivery) is sent directly within the minimum set time. The minimum set time is 4 weeks, even if this date lies after the end of the first appointed day. Replaced parts of the delivery become our property again.
In case of printing-orders we act only as agents. Therefore we can not take over liability for misprints.
11. Proprietary right
The delivered products stay the legal property of the FBI GmbH as long as all payments of the business relation are not made in full. In case that the delivered products are sold before the payment is made to the FBI GmbH, the proceeds or accounts receivable become property of the FBI GmbH.
The customer must not pledge the products or give as protective conveyance to others. Cases of impending insolvency of the customer or orders of attachment by court have to be reported to the FBI GmbH immediately.
In case that the customer does not pay the whole delivery, the FBI GmbH has the right (§ 46 KO) to separate or transfer the right to receive a payment.
For taken back products by the FBI GmbH you will receive a credit of the proceeds when the products are sold to others, but not more than the delivery price.
12. Returned productsGeneral Contractual Terms
Products to be returned have to be announced to the FBI GmbH by phone or fax together with the commission number. They are only taken back if the package is stamped sufficiently. Costs for insufficient postage or not accepted packages are to be paid by the customer.
13. Data
Data concerning the business relation with the customer are processed and logged by the FBI GmbH.
14. Final remarks
In case that any clause offends against the law, it is replaced by the parties at the intent of the business relation. In case that this is not done by the parties or it is not possible, the legal rules take the place of the clause.
In the case that any of the clauses of these general contractual terms are not valid, the rest of the clauses stay valid. |
