General Terms and Conditions of 21 Dec. 2010
As far as the sales conditions are not explicitly indicated in the respective order confirmation our following general terms and conditions apply.
1. Form of payment
Payment must be made within the agreed period per cheque or bank transfer. We do not accept bills of exchange in lieu of payment. In case of default of payment, we are bound by contract to report this default of payment after the first payment reminder to our credit insurance company and, if necessary, to assign the claim for collection.
2. Transport and risk
Unless otherwise stipulated, delivery shall be ex works Stammbach at the expense and risk of the buyer. If the latter does not determine the transporting company, we shall select the carrier ourselves and will simultaneously forward the incurred costs for freight and transport insurance.
3. Default of delivery
The purchaser can assert possible claims of compensation on account of delayed delivery only if after the expiry of the deadline agreed to, we are held expressly in default and we overdraw an extension of 4 weeks culpably.
4. Default of division and purchase
In case that there is no precise purchase date we will contact the purchaser after a reasonable deadline of 30 days max. from the contract date regarding division and purchase and reserve the right of an invoice for the delay for the contract amount or of withdrawal from the contract with a reimbursement of 10% of the value.
5. The right to withhold performance
Situations caused by force majeure entitle us to postpone or to revoke contract obligations.
In case of clear defects, the latter must be reported within 15 days at the latest after receipt of the goods by the customer. In case of hidden defects, the latter must be reported within 90 days per fax. To this effect, article/color, lot number and invoice number must be reported to allow us to check the legitimacy of the complaint. If a product is processed which would be recognized as faulty or not corresponding to the original sample by usual duty of care we do not pay any compensation for possible rejects. For the remainder we refer in general to our tolerance catalogue with regard to texture, colors, hanging properties, defect frequency. Transport damages must be noted by the client immediately upon arrival of the goods. It is recommended to have the damage report confirmed by the freight carrier. The insurance company will reject liability for delated damage reports. (Here the abridged version. Furthermore, the standard provisions of the German textile industry, Einheitsbestimmungen der Deutschen Textilindustrie, apply in the version of 01.01.2002).
7. Reservation of proprietary rights
The goods will remain our property until payment of all claims, including supplementary claims, damage claims, future claims as well as payment of cheques. Basically, the supplier shall have an extended and expanded reservation of proprietary rights. A pawning or transfer of ownership as security on a debt of reserved goods is not allowed to the purchaser, except with express written consent of the seller. (Here the abridged version. Furthermore, the standard provisions of the German textile industry, Einheitsbestimmungen der Deutschen Textilindustrie, apply in the version of 01.01.2002). If the retained goods are processed with other goods also delivered under prolonged reservation of proprietary rights (i.e. under exclusion of the legal provisions of § 950 BGB), the seller shall acquire co-ownership of this goods at the ratio of the invoice value of the reserved goods. The purchaser shall be obligated, in case of the suspension of payment, to inform the supplier immediately and to forward to him a list of the still existing reserved ownership goods including the goods or systems the reserved goods are mixed with.
shall be deemed accepted upon our written acknowledgment. This is effected per fax or per email no later than the second working day after having been received by us. The order confirmation includes all the points that are essential for a business transaction with the complimentary reference to the general payment and delivery conditions. The order confirmation shall be deemed as accepted by the client even without written countersignature if within two working days after the date of the order confirmation no objection has been made by the client.
between VEROTEX AG and the client, which lead to modifications in the conditions, shall not be valid unless they are made in writing and signed by both business partners. In general, the severability clause applies.
10. Place of jurisdiction is Hof/Saale.
Version of 21.12.2010