SCOPE OF APPLICATION
- The following rules apply to contracts between the company “Just Eve”, Oettingenstr.24, 80538 Munich, hereinafter called Contractor and their customers, hereinafter referred to as Customer, all between these contracts concluded.
- These terms also apply to future transactions between the customer and the contractor, even if not explicit in further contract awards in this respect.
- There, only the following provisions of the Treaty. Any otherwise conditions of the customer are expressly rejected.
- Offers, catalog information and pictures about the products of the seller are non-binding. They shall include no quality and durability guarantees.
- The delivery of the order slip by the customer at the Contractor constitutes an offer to conclude a contract. The customer waives pursuant to § 151 BGB on the declaration of acceptance. However, the contractor has the option to reject the offer of the customer within ten working days of receipt of the order certificate.
- The prices on the order notes are quoted ex company (ex works), plus. VAT at the statutory rate, packaging and freight.
- Lying between the order and the delivery of the goods more than 4 months and make changes in particular in the field of raw material prices, labor and / or transportation costs, taxes, duties, taxes, etc. to higher acquisition and / or production costs of the contractor, so this is entitled to a corresponding increase in the agreed prices.
PAYMENT TO ACCOUNT
- The agreed between the parties the purchase price is generally due upon delivery of the goods to pay. For payment within ten days after delivery, the customer is entitled to make a cash discount deduction of 3% of the total. The invoice amount must be paid within 30 days after receipt of the goods without deduction.
- The Contractor is entitled to demand 30% of the contract price as a deposit to cover their incurred by the order cost. The deposit must be paid on specific request of the contractor within ten days from date of request. If the deposit is not received, the Contractor shall be entitled to cancel the contract.
- The Contractor shall be entitled to make the delivery of the goods from a payment by way of advance depends. Determinant time for maturity in these cases the display of the collection or dispatch by the contractor.
- The customer has the option to request the dispatch of the goods on delivery. In these cases, the contractor for the establishment of a processing surcharge of € 15.- per shipment is to be asserted.
- In case of default interest at the rate of 8% points above the base rate according to § 247 BGB p. a payable.. The assertion of further default damage is reserved.
- If the contractor after the contract conditions concerning the customer’s assets known (in particular pending insolvency proceedings, submitting the affidavit, forfeiture of assets, etc.), the Contractor shall be entitled to withdraw from the purchase agreement. the customer claims for damages This did not trigger.
- If the contractor is not in accordance with Clause. III.4 from back contract, so it is right to demand advance payment, retain goods not yet delivered and stop further work and the return of the goods until receipt of the required payments or deny. These rights belong to the contractor to also, if the customer is with the payments of benefits in arrears, based on the same legal relationship.
- In case of withdrawal from the contract the contractor is entitled to claim liquidated damages amounting to 30% of the order value. The contractor has the opportunity to prove a higher damage. The client has the opportunity to prove lesser damages.
- The contractor has a lien on the implementation of current contracts, as long as the customer has yet due and unpaid liabilities with the contractor.
- Setting off claims against the contractor can be explained only with undisputed or legally established claims.
- As far as the order is not expressly determines otherwise, it is at the specified delivery dates are non-binding, will not guarantee compliance. Also agreed binding dates are only legally binding if this is explicitly defined as such in writing.
- A writing promised delivery deadline is met if prior to deadline expiry the pickup or delivery has been notified.
- A shipment of the goods is carried out only at the request, risk and expense of the customer. The choice of transporter is basically at the discretion of the seller, and the buyer has the option to specify a particular carrier.
- Performance delays due to force majeure, industrial action or for the contractor, unforeseeable and not caused by the customer events that complicate the obligation or impossible, the contractor is not responsible, even if binding dates and deadlines. They entitle the contractor plus the delivery time by the duration of the obstruction. Postpone a reasonable lead time. If the impediment lasts longer than one month, the Contractor shall be entitled to reasonable notice to terminate the contract.
- Assigns the contractor the customer an unreasonable impediment to performance for the contractor by the customer is in principle entitled to the above items, rescind the contract.
- The customer claims for compensation are excluded in the above cases, the delay in delivery.
- Deliveries in the delivery period shall be permissible where there are no disadvantages use.
- Design changes, deformations or changes can be attributed to the improvement of practices or requirements of the law, during the delivery time reserved, provided that the goods will not significantly changed and the changes are reasonable.
- After the delivery time is without explanation a cure period of 18 working days in running gesetzt.Nach expiry of the grace period of withdrawal is considered the contract to the exclusion of claims for damages as done. The cancellation of the contract will not apply if the customer makes during the subsequent delivery that it seeks performance of the contract.
- Will the customer claim damages instead of performance, he has the contractor time a four-week set, with the warning that he will refuse performance after the expiry of the period. The period is calculated from the date on which the notification of the customer has been received through subscription to the contractor. This provision shall apply instead of the previously regulated withdrawal only if they limit the contractor received within the subsequent delivery ist.Vor expiry of the grace period is the customer claims owing to delayed delivery.
ACCEPTANCE AND TRANSFER OF RISK
- The customer is obliged the goods within ten days of notification of availability abzunehmen.Bleibt the contractor with the acceptance of the goods for longer than ten days from receipt of notification of availability in arrears, the Contractor shall be entitled after a reasonable period of ten business days to cancel the contract and compensation for unauthorized returns require payment of 50% of product value. A period of grace is not required if the customer refuses to take delivery or to pay is not able.
- If the customer, he will not accept the goods, or denies the customer acceptance of (COD) shipment, the risk of accidental loss or accidental deterioration of the goods at the time of the refusal to the customer over, but at the latest after the legal regulations.
- All sales of the contractor to the customer are made subject of ownership of the goods until full payment of Kaufpreisforderungen.Der customer is entitled to resell the purchased goods by the contractor in the ordinary course of business. The Contractor may revoke this right at any time and take back delivered goods if the customer is in default, application is made to open insolvency proceedings against its assets or if he transfers his expectant right to the reserved goods to third parties. In the return of the goods by the Contractor does not constitute withdrawal from the contract unless we on.The not declared by the contractor in writing returned goods can be sold freely by the contractor. The selling price is the liability of the customer, less reasonable selling costs anzurechnen.Ansprüche the customer against its end customer in case of sale of Vorbebehaltsware by the customer will be assigned to the contractor. The customer is authorized, provided it meets its payment obligations, collect the assigned claims. The collection authorization ends with payment delay of the customer or with substantial degradation in the financial circumstances of the customer. In this case, the Contractor is hereby authorized by the customer to inform the customers of the assignment and collect the receivables. the customer must provide the necessary information and to permit verification of this information to the assertion of the assigned claims. In particular, the customer has the Contractor to request an exact listing of the claims it has with the names and addresses of customers, the amount of individual claims, date of invoice etc. auszuhändigen.Der customer must be handled with care and insure them at replacement value of the reserved goods. The claims for compensation from the insurance in case of loss or damage to the goods the customer shall hereby assign to the contractor. In the case of Distraints of or other measures of third parties, the customer must notify the contractor immediately and the necessary documents for an intervention available stellen.Übersteigt the realizable value of the securities exceeds the claims of the contractor by more than 10%, then the contractor willing insofar release at the request of the client collateral after his election.
- Defects are to explain the latest within five working days of receipt of the goods to the contractor.
- After cutting or other processing of the delivered goods by the customer, any claim of defects is excluded.
- The delivered goods shall be deemed approved if obvious defects are not not reported within five working days, other defects within two months, § 377 HGB remains unaffected. For used to ensure the business traffic is excluded.
- In the event of objections to the customer the contractor has to provide an opportunity to convince himself of the existence of the defect, in particular through the sending of the defective goods.
- The complaint has to be made in writing, stating the customer number, the item number and quantity, color and size of the defective goods. Furthermore, the nature of the defect and the points at which the defect occurs must be notified in writing.
- In case of justified, timely complaint, the customer initially with proper respect for its interests only claim to subsequent performance. In this case the cost of the return shipment will be reimbursed by the contractor. Are the customer additional attempts according unreasonable, may require replacing the remedial cancel the contract or reduce the remuneration of the customer. The warranty provisions of the Contractor do not entitle to claim compensation for the rest.
- Natural wear and tear, commercial, incidental, technically unavoidable deviations in quality, color, size, features or design do not constitute defects, which entitled to assert warranty rights.
- For further claims and rights the contractor is liable for damages that are not based on injury to life, body and health, in the event of a merely negligent breach of duty by the Contractor or its agents, insofar as the resulting losses are typical for the contract and foreseeable.
PLACE OF PERFORMANCE, JURISDICTION, CHOICE OF LAW
- Performance is Munich.
- Only German law excluding the UN Sales Convention and the CISG.
- Jurisdiction for legal disputes arising from the contractual relationship entered into, is Munich.
- The transfer of rights and obligations under the agreement concluded with the contractor contracts by the customer are not valid the written consent of the contractor.
- The customer declares to agree with a storage of personal data associated with the settlement of his order.
- The contractor is entitled to ask about the customer economic and / or credit checks.
- The contractor is entitled to assign claims against customers to third parties.
- If any provision of these contract provisions are invalid or unenforceable or become invalid or unenforceable after the conclusion of which affect the validity of the remaining contract unberührt.An replace the invalid or unenforceable provisions are those effective and appear practicable regulations whose economic objectives which come closest what have pursued the parties to the invalid or unenforceable provision.
- Additional or different agreements require the written form. Verbal agreements are not valid. Agreements which the written form requirement is canceled, are ineffective if they are not confirmed in writing within one week of the Parties.