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General trading conditions (AGB)
of the company FortunaSys.com Ralf P. Geppert (supplier)
with customer conditions 05/2010
General
These terms and conditions apply to all sales contracts with our clients. The terms and conditions can be found on our homepage and on the price lists of the suppliers . The customer can therefore always be informed about the newest version of our terms and conditions. Contrary business and purchase conditions on the customers part are herby contradicted. Customer data will be saved electronically in accordance with the Data Protection Act. The supplier constantly works on progress. He keeps the right to make changes of the technical specifications and product range at any time.
Conclusion of a contract
Offers by the supplier are noncommital and subject to confirmation, if not otherwise stipulated in written form. All contracts are at the order of the customer concluded once a written confirmation was sent by the supplier or at the latest when delivery was made or the service provided. Upon conclusion of the contract, an advanced payment is due as numeralized in the written confirmation. It is usually 50% of the total amount due (100% with new customers). With equiptment that is produced by the supplier, production (print, assembly, et cetera) will begin on the day the payment is received by the supplier. Delivery times are also dependent on the receipt of the advanced payment.
Prices
Prices by the supplier are in Euro, after deductions, and plus sales tax, if not otherwise stated. Price changes, errors in print and mistakes reserved. On the day of the order the prices in effect will be used in the invoice. With orders under 75,00 a service charge of 15,00 will be charged by the supplier. All prices are calculated from the storage in Reichelsheim (place of delivery). Costs for transport and insurance/ expenses go on the customers account. For transport insurance/expenses the supplier charges 1% of the gross value of the merchandise, at least Euro 0,75 and Euro 9,00 at the most (subject to change). For a rush order with a time of dispatch at less than 48 hours an express fee of 10% of the merchandise value will be charged.
Delivery
Delivery takes place by allocation of the merchandise at the storage in Reichelsheim (place of delivery). This applies for main deliveries as well as partial deliveries. Costs for pick-up and delivery of the merchandise from a plave other than the place of delivery will be carried by the customer. The customer has the choice of delivery type In case of merchandise that requires a special type of delivery, the supplier has the choice of delivery type without informing the customer. Is the preffered delivery type not specifically stated by the customer, the supplier will choose the appropriate type of dellivery. The danger of accidental loss and accidental impairment of the merchandise will go to the customer once the merchandise has been delivered without damage, after the merchandise stands ready at the place of delivery or in case the supplier sends the sold merchandise to another place of delivery, upon request by the customer, as soon as the supplier has handed the merchandise over to the carrier.
In case of force majeure, which includes material or provision trouble, disruption of operations, strike, official directive, et cetera, the supplier is not responsible for the belated delivery or service. This also applies if such troubles are experienced by presuplliers of the suppliers. Should the delivery and service time exceed the delivery time of 8 weeks, the customer has the right, after appropriate written the respite setting, to withdraw from the contract in written form concerning the part yet to be fulfilled. Any further compensation requests are barred, except in case of gross negligence of the supplier, his representatives, or helpers. The supplier has the right to partial deliveries and services.
The customer is required to examine the merchandise for any transport damages if the merchandise was sent to a place other than the place of delivery, and to report any damages to the supplier and carrier in written form. The customer is responsible to adhere to the notification period of the carrier. A belated notification will almost always lead to the denial of any claims. If the customer wishes, the supplier will handle the further process after the reported damage.
If the merchandise will be transported outside of the borders of the Federal Republic of Germany, the customer has the duty to adjust the merchandise to all legal commandments for the country such as construction type, condition, documentation, designation, and application purposes.
Conditions of payment
If not otherwise agreed, the delivery of the merchandise will take place after the advanced payment or cash on delivery. Invoices are to be paid free of costs by the supplier. If an agreed direct debit does not take place, a cheque is not cashed or the agreed customer credit limit was exceeded, any deliveries will only take place by cash on delivery. With the offer according to the contract of the commodity is the customer in default of acceptance and becomes the agreed upon purchase price due. The supplier is entitled to place in this case all still which aren`t payed, also deferred invoice amounts, immediately to the cash payment due or require security.
Against the suppliers claim for payment according to the contract, the customer only has a summation claim with an indisputable or legally ascertained claim. The customer has right right of retention.
Defect claims
Principally, legal regulations apply. With used merchandise the defect liability is reduced to one year. Should the customer demand delivery of new merchandise or a return of the merchandise, he or she is obligated to compl with the right of the supplier and allow a rebate for the use of the product so far. If the customer does not prove lesser use and the supplier more use of the merchandise, the following rebates take effect:
With a period of use
-of more than one month, 30 % of the market value
-of more than three months, 40 % of the market value
-of more than six months, 60 % of the market value
-of more than twelve months, 70 % of the market value
Discernible defects must be reported in written form directly after delivery, concealed defects directly after they were discovered. Transport damage is not to be considered a defect; for such the carrier is liable.
Compensation claims, especially the compensation for damages due to defects are barred. This does not apply, however, for gross negligence of the supplier, his represetatives or helpers, or when the damage is based on a circumstance where the supplier has granted a warranty for condition or fabrication of the merchandise.
In case of a return of merchandise, the customer is obligated to pay for the inspection costs, should his claim of defects not be varified.
Repairs, that are demanded by the customer and do not apply to the defect claims, will be carried out and charged to the customer. Upon request of the customer an estimate can be calculated. This estimate is to be paid whether the repairs will be carried out or not.
The supplier alludes to the saftey instructions and rules in place for the expert acceptance of the merchandise in case of assembly and installation in public buildings and stages. These are to be observed by the customer. The customer is hereby obligated to read up on the safety instructions and rules as well as carry out the assembly, installation and take in receipt of the merchandise according to the safety instructions and rules. The customer is hereby obligated to instruct his taker in these safety instructions and rules as well as to entail to his taker the safety instructions and rules in place for the assembly, installation and reservation commoditys. Decoration objects such as banners are not fire retardant, therefore the customer and installer must make sure there are fire saftey precautions in place as a rule (DIN 4102-1, of low flammability or similar). In this case a fire resistance treatment is required bevor setting up the equipment. This information is to be issued by the customer upon setting up or resselling the equipment.
Retention of title
All deliveries take place under extended retention of title. Until the payment of all demands by the supplier by the customer, the ownership of the delivered merchandise remains that of the supplier. The purchase of ownership by the customer of the reservation commoditys, also in case of further processing, is barred. The customer surrenders any claims from the reselling of the reservation commoditys, also in case of further processing with other merchandise, to the supplier. Upon demand by the supplier, the customer has to name the borrowers of the abandoned claims and to disclose the abandonment to the borrowers. A pawning or a chattle morgage of the reservation commoditys is prohibited and may be procecuted.
Should the stipulation of these terms and conditions, or any other stipulations agreed to in the contract, be inoperative the effectiveness of all other stipulations remains untouched. Instead of the inoperative stipulation, a similar one will take effect.
Court of jurisdiction
Place of delivery is Reichelsheim. Court of jurisdiction is Darmstadt as long as it is legally admissible.
The law of the Federal Republic of Germany applies.
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