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Sales, delivery and payment terms

Contract content:

1. All offers on our part are non-binding.

2. Orders are considered accepted if there is no written notification to the contrary within 3 weeks of the order being placed. In the event that we agree to the cancellation of a contract by the buyer, we are entitled to a lump sum for damages of 30% of the canceled order amount.

3. Special agreements of any kind are only valid after written confirmation from our management. Verbal promises are not binding. Our commercial agents and travelers are not entitled to make binding statements on our behalf.

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 an additional delivery period of 12 days.

6. Unless our sales, delivery and payment conditions stipulate otherwise, the standard conditions of the German textile industry in the version of 01/01/2020 also apply.

Prices

The agreed prices apply subject to unchanged customs and tax rates. Any increase is borne by the buyer. The delivery is uninsured ex warehouse. Shipping costs and risk are borne by the buyer; he can choose between hanging shipping (company DTL) and parcel shipping (company GLS). Part deliveries are permitted.

Interruption and delivery

In the event of force majeure, industrial action, official measures as well as operational disruptions at our company or our suppliers through no fault of our own, we are entitled to extend the delivery period by the duration of the hindrance, up to a maximum of 12 weeks. After this period has expired, we are entitled to withdraw from the contract. A claim for damages 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 case of verifiable delays in delivery of goods caused by the upstream supplier.

Notice of defects

1. The buyer can only lodge complaints with us in writing within one week after receipt of the goods (not with sales representatives), provided that there are no commercially minor, technically unavoidable deviations in quality, color, weight, equipment or the Designs. In the case of hidden defects, the notice period is extended to 6 months.

2. In the case of justified complaints, we have the right, at our discretion, to repair, delivery of defect-free replacement goods, provided the goods are in their original saleable condition (e.g. item labeling, goods labels, bags, etc.) within a further period of one week or credit after receipt of the goods.

3. If the notice of defects is not given in due time, the goods are considered approved.

Terms of payment

1. Payment must be made in cash, check, bank, giro or postal check transfers, with checks only being accepted on account of performance.

2. Conditions: 10 days 4% discount, 30 days 2.25% discount, 60 days net from the respective invoice date. If the term of payment is exceeded, interest due on the due date of 9% above the respective base rate within the meaning of § 247 of the German Civil Code (BGB) will be charged, even without a reminder. Otherwise, § 288 BGB applies.

3. Before full payment of due invoice amounts including interest, the seller is not obliged to make any further deliveries under current delivery contracts. The right to assert damage caused by default remains reserved.

4. Offsetting against contested and not legally established counterclaims and the assertion of a right of retention on the part of the buyer are excluded.

Retention of title

1. All goods are delivered on subject to 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 may neither pledge them nor assign them as security or dispose of them in any other way.

2. In the event of serious doubts about solvency or default in payment, as well as an application to open bankruptcy or settlement proceedings, we are entitled to demand the return of the goods at any time, even without setting a grace period or clarification of withdrawal, insofar as it appears necessary to cover all our claims.

For this purpose we are entitled to enter the premises of the buyer in which the goods are stored and to take possession of the goods again. In the case of resale, our goods are to be charged separately from others.

3. If the goods are resold in whole or in part, all claims against the third party arising from the resale are transferred to us as security without the need for a special agreement with us or the third party. The buyer undertakes to object in the event of foreclosure by third parties and to inform us immediately. Intervention costs are borne by the buyer.

4. The retention of title to the goods is conditional in such a way that with complete 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 ado.

Data processing

We are entitled to process the data received about the buyer in relation to the business relationship or in connection with it, regardless of whether it comes from the buyer himself or from a third party, within the meaning of the Federal Data Protection Act. Your documents are recorded in the EDP.

Different conditions

Purchasing or other conditions of our buyers are only valid if we have expressly agreed to them in writing.

Final provision

Should one of the conditions be ineffective, this shall not affect the effectiveness of the contract and all other provisions.

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 district court of Kronach or the district court of Coburg. For the dunning procedure it is hereby expressly agreed that the Kronach District Court is responsible for these procedures in accordance with Section 688ff ZPO. The law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 is excluded.