TERMS OF SALE, DELIVERY AND PAYMENT
1. All offers on our part are non-binding and subject to change.
2. Orders are deemed to have been accepted unless a written notice to the contrary is received within 3 weeks of placing the order. In the event that we agree to the cancellation of a contract by the buyer, we are entitled to a flat-rate compensation for damages amounting to 20% of the canceled order amount.
3. Special agreements of any kind only apply after written confirmation from our management. Verbal commitments are not binding. Our sales representatives and travelers are not entitled to make binding declarations for us.
4. We are entitled to assign claims from our business relationship.
5. The specified delivery dates are not fixed dates, but are non-binding, with a subsequent delivery period of 12 days.
6. Unless our terms of sale, delivery and payment stipulate otherwise, the standard conditions of the German textile industry in the version dated 01.01.2020 also apply.
The agreed prices are subject to unchanged customs and tax rates. Any increase will be charged to the buyer. The delivery is uninsured from the warehouse. Shipping costs and risk are borne by the buyer. Partial deliveries are permitted.
INTERRUPTION AND DELIVERY
In the event of force majeure, industrial action, official measures as well as malfunctions through no fault of ours or our suppliers, we are entitled to extend the delivery period by the duration of the hindrance, at the latest by 8 weeks. After this period, we are entitled to withdraw from the contract. A claim for compensation on the part of the buyer is excluded. This also applies to imported articles if these imports are prevented or restricted by foreign or domestic official measures, as well as in the event of demonstrable delays in the delivery of goods caused by the upstream supplier
1. The buyer can only make complaints in writing to us (not to sales representatives) within one week of receipt of the goods, unless these are commercially small, technically unavoidable deviations in quality, color, width, weight, equipment or of the design. In the case of hidden defects, the notice period extends to 6 months.
2. In the event of justified complaints, we have the right – at our discretion – to the effect that the goods have been returned to us within a further period of one week – in their original salable condition (eg item labeling, product labels, bags, etc.) – delivery of defect-free replacement goods or credit after receipt of the goods.
1. Payment must be made in cash, check, bank, checking or postal check transfers, whereby checks are only accepted on account of performance. Bills of exchange are only accepted after prior written agreement, with a term of up to 90 days. Bank, discount and collection costs are to be reimbursed to us.
2. Conditions: 10 days 4% discount, 30 days 2.25% discount, 60 days net from the respective invoice date. If the payment term is overdue, interest due in the amount of 10% is charged even without a reminder.
The assertion of further default interest remains reserved.
3. Offsetting against contested and not legally established counterclaims and assertion of a right of retention on the part of the buyer are excluded.
4. If the buyer is in arrears with the payment of a claim, regardless of previously agreed payment terms or due dates, all other claims are due immediately. In this case we are entitled to postpone our deliveries until all due claims have been paid. We are also entitled to withdraw from the contract and to claim compensation in the amount of 20% of the total undelivered order value.
1. All goods are delivered under retention of title and remain our property until all claims, including future claims arising from the business relationship with the buyer, have been paid in full. The buyer may sell them in the normal course of business, but neither pledge them nor assign them as collateral or dispose of them in any other way.
2. If there are serious doubts about the solvency or in the event of a delay in payment or if an application is made to open bankruptcy or settlement proceedings, we are entitled to demand the goods back at any time, even without setting a deadline or clarifying the withdrawal, insofar as it appears necessary to cover all our claims.
For this purpose, we are entitled to enter the buyer’s premises in which the goods are stored and to take possession of the goods again. When reselling, our goods are to be calculated separately from others.
3.If the goods are resold in whole or in part, all claims arising from the resale against the third party will pass to us for security without the need for a special agreement with us or the third party. The buyer undertakes to object to third party enforcement and to inform us immediately. Intervention costs are borne by the buyer.
4. The retention of title to the goods is conditionally such that upon full fulfillment of all of our claims from the business relationship with the buyer, ownership of the goods subject to retention of title passes to the buyer without further notice.
We are entitled to process the data received about the buyer in relation to the business relationship or in connection with this, regardless of whether it comes from the buyer himself or from a third party, in accordance with the Federal Data Protection Act. Your documents are recorded in the EDP.
Purchasing or other conditions of our buyers only apply if we have expressly agreed to them in writing.
Should one of the conditions be ineffective, the effectiveness of the contract and all other provisions will not be affected.
FULFILLMENT AND JURISDICTION
The registered office of VERPASS is hereby agreed as the place of performance for all deliveries. The place of jurisdiction for all legal disputes is the Kronach district court or the Coburg district court. For the dunning procedure, it is hereby expressly agreed that the district court of Kronach is responsible for these procedures in accordance with § 688ff ZPO.