General Terms and conditions
Delivery and payment Conditions
Any arrangements which deviate the below written conditions require the written form along with the explicit authorization of the Firm hanf&natur.
- Our prices are net, including packaging, subject to the company. A return of the packaging is excluded. Delivery is free only when explicitly specified.
- The shipment is carried out based on the account and risk of the receiver. We assume no responsibility for delays in transportation or damage which would cause defects to the goods. This applies also to the terms offered in deliveries which are carriage paid.
- Complaints are only taken into consideration when they are immediately made after receipt of the goods. The warrantee is limited to the delivery of spare parts, manufacturer specifications and other legal provisions. Claims for damages are excluded.
- We are entitled to withdraw from accepted contracts if unfavorable information is discovered about the buyer after the contract has been acknowledged or if there is a delay in payment in previous deliveries by the buyer. For new customers we reserve the right of cash on delivery. Delivery abroad is carried out on the basis of advance payment or an irrevocable letter of credit from the bank. In the event of disruption of operations we are exempt from our terms of delivery.
- The goods are delivered under conditional sale. They remain our property until the entire payment of all bills outstanding in the business relationship with the buyer. The buyer is allowed to resell the goods only according to the rules of business dealings. Claims from the resale of conditional goods are assigned to us by the buyer for security reasons. The buyer is authorized to confiscate the assigned claims so long as he fulfills his financial obligations towards us as specified in the contract. The buyer has to name the debtor of the assigned claim, disclose relevant information and hand out specific documents required for collecting on demand. The buyer is obligated to immediately inform us on the sharing third party in the conditional sale of delivered goods or in the assigned claim. Security transfers, safety sales, pledging of goods as well as ulterior funds committed all require our consent. In the case of the buyer becoming isolvent, we are entitled to demand the transfer of rights on the outstanding quid pro quo of the co debtors of further sold goods from the official receiver.
- The commitment of the buyer on the payment date will not be affected by counter claims. The buyer is particularly not entitled to charge up against our claim or to exercise the right of retention.
- In the case that a delivery of goods or etiquettes of designs; pictures, samples, models or recipes are assigned, the purchaser takes on the warrantee that the manufacture i.e. the trade mark rights of the third party will not be breached. The purchaser is to exempt us from all third party claims concerning the breach of protection rights.
- The payment of our goods is to be carried out as follows; The amount is to be invoiced without deduction no more than 14 days after receipt into account. If it is paid before 7 days a 2% discount is to be deducted. Other payment conditions i.e. payment aims only according to separate acknowledgements. With new customers we reserve the right to cash on delivery or payment in advance. Every payment will be entered into the oldest open account. All open accounts will become due for immediate payment , in as much as they are later falling due in detail or have fixed a value date, if the buyer defaults in a payment of an old invoice in arrears of 10 days. In the acceptance of checks or notes, the granted deferment of payment will be invalid without further explanation when one of the papers goes to protest i.e. is not cashed. The buyer goes into default without appeal or appointment of a date if he does not meet the indicated due date for net payment period within that of the bill. Discounts of any kind are not allowed. Default commences 20 days after the admission of the bill. For the fixed calculation the §§ 188 I, 193 BGB applies. In an appeal for default entry, dunning charges ranging from 2.50 Euro to 10 Euro are charged. Moreover the legal default interest after default entry is calculated according to § 288 I 1 BGB.
- Lindlaer, i.e. Gummersbach court of Jurisdiction holds exclusively as place of fulfillment and court of jurisdiction for both sides. The projecting terms and conditions of business, on which all offers are based, are recognized by placing of order or acceptance of goods. They are then also binding if opposing purchasing conditions of the purchaser are not expressly rejected by our firm. Deviating agreements are only then effective when they are recognized by us in writing in individual cases.