Terms and Conditions
I. General
1. The following terms and conditions are contractual components for all present and future supply contracts, unless they are expressly amended or excluded in the contract; Previous, for example, any other conditions which are different hereby lose their validity.
2. Deviating conditions of the customer do not oblige the supplier, even if he does not expressly object to them. By placing orders, the customer recognizes these terms of delivery as legally binding.
3. The terms of the contract remain binding in all remaining respects, even if individual points should be invalid for legal reasons.
4. Specially manufactured and / or processed products are, in principle, excluded from the exchange.
II. Scope of the obligation to deliver
1. The scope of the order results from the offer and / or the written order confirmation of the supplier. In the case of verbal, telephone or e-mail orders, the supplier’s written order confirmation shall prevail. Until the written confirmation of the order, the offers are permissive; Intermediate sales are reserved. Subsidiary agreements require written confirmation. Revisions are not included, unless specifically confirmed.
2. The documents pertaining to the offer, Such as dimensions, are only approximate, unless expressly stated to be binding. The supplier reserves the right to make technical changes during the delivery period, provided that the object of purchase is not modified in principle and the change is acceptable for the contractual partner.
3. The material colors shown in the brochure documents or in the attached files or in our Internet presence may different from the original colors, as the colors appear different on brochures and printed paper originals or uncalibrated monitors. Only original color samples may be binding.
4. Our offered articles are mostly made of natural products handmade unique pieces. Dimensional deviations in the sizes, color deviations, differences in the grain and surface structure are unavoidable and / or wanted.
5. Dimensions for drain bores, overflow connections and fastenings may have deviations in the product and may necessitate on-site adjustments.
6. Unless otherwise agreed, our products are made in a freesize-unique form. Deviations from right-angled shapes are product-specific and intended.
7. Since the individual custom production can not be carried out by machine, the higher, time expenditure for the manual processing has to be calculated additionally. This is dependent on the shape and type of the source material. For special designs we need details of the desired design with exact measurements, if possible with sketches.
8. The supplier reserves the right to property and copyright in cost estimates, drawings and other documents of the offer; They must not be made accessible to third parties. They are to be returned to the supplier immediately upon request if the order is not given.
9. Partial deliveries are permitted.
10. By means of his order, the customer confirms that used trademarks or logos and letterings may be used for his order.
III. Prices and terms of payment
1. The prices are valid as of the company or branch of the supplier excluding packaging and freight. These will be charged extra, if the offer or the confirmation of order has not been expressly agreed otherwise.
2. The packaging is not returned.
3. If after the expiry of three months after the conclusion of the contract material price or wage increases, changes of exchange rates or taxes, duties and duties are increased, the supplier is entitled to adjust his prices accordingly. Advance payments and advance payments are without effect on prices. They will be credited and billed at the final price.
4. Initial deliveries and orders under 250.00 € value of goods can be calculated without deduction by cash on delivery, otherwise payment will be net cash immediately after the date of the invoice, unless other terms of payment have been agreed with the order confirmation.
The supplier reserves the right to request one third of the order sum after receipt of the order confirmation for orders of € 1,000.00 and more, one third after the readiness for dispatch and the rest after delivery in cash. If the delivery is delayed for reasons beyond the supplier’s control, the Supplier may also demand two thirds of the contract sum as a down payment for orders up to € 1,000.00.
The acceptance of checks and bills of exchange is only accepted for payment and without guarantee for protest. The costs for the discounting and collection shall be borne by the customer. In the event of default, the Supplier shall be entitled to charge interest at the rate customary for the use of the Bank.
5. If, after conclusion of the contract, circumstances are known which are likely to reduce the creditworthiness of the customer, all claims shall be due without regard for the maturity of any bills received. Such circumstances also entitle the Supplier to carry out outstanding services only against advance payment or security performance, and to rescind the contract or to claim damages due to non-fulfillment upon expiry of a reasonable period of grace.
IV. Reservation of title
1. All deliveries are subject to retention of title. The property shall only be transferred to the customer if he has fully paid off his liabilities from the deliveries. This shall also apply if the purchase price has been paid for certain goods delivered by the customer. In the case of current invoices, the reserved property shall be considered as collateral for the balancing of the supplier.
2. The Purchaser shall be entitled to sell the delivered goods in normal business transactions in accordance with his normal business conditions. Pledging or security surrender are prohibited.
3. The Purchaser shall immediately notify the Supplier of a seizure or any other impairment of his rights by a third party. If the purchaser sells the delivered goods, he shall now assign to the supplier all claims arising from the alteration against his customers with all additional rights up to the total repayment. At the Supplier’s request, the Buyer shall be obliged to notify the assignment to his customers and to provide the supplier with the information necessary to assert his / her rights.
4. The assertion of the retention of title as well as the seizure of the delivery item shall not be deemed a rescission of the contract, unless otherwise provided for by law.
V. Delivery period
1. The delivery period does not count until the day of clarification of all details of the order, Especially when custom-made is after receive of all documents. It is non-binding, but is designed so that it can be withheld at regular intervals during production.
2. Operational disturbances in the company or subcontractors, cases of force majeure, war, turmoil, lockout, strike in manufacturing and transport companies, fire, confiscation, defect production of an important work piece, restriction of energy supply and delayed receive of essential raw materials. Compliance with delivery periods. Should the delivery be delayed or become impossible due to these circumstances, and the supplier is not to blame, then claims for damages of the customer are canceled. In case of objective impossibility, both parties have the right to withdraw from the contract.
Vl. Transfer of risk and dispatch
The supplier shall always deliver for the account and risk of the purchaser, also for franking deliveries. The risk passes to the customer as soon as the consignment has left the warehouse.
From the same date, the Purchaser shall be liable for damages that may arise against third parties. If the goods are ready for dispatch and the dispatch or acceptance is delayed for reasons which are not the responsibility of the supplier, the risk is transferred to the purchaser upon receipt of the notification of readiness for dispatch. The supplier is entitled to store the goods at the customer’s expense and for their account and risk if the acceptance obligation is delayed by more than 4 weeks.
Shipping way, method of dispatch and dispatch are left to the supplier under exclusion of liability and without guarantee for the cheapest transport.
VII. Transport damage and insurance
1. Transport damage must be indicated immediately upon receipt of the goods. In the case of rail transports, air transports or sea transports, an official certificate of the assertion of substitute claims for the damage shall be required from the carriage of goods. This is to be sent to us immediately. Failure to procure this certificate shall be refused.
2. The insurance of the goods against transport damage is only made at the request of the customer. In this case, the Supplier shall charge the incurred costs, but shall not assume any responsibility for the execution of the insurance.
VIII. WARRANTIES
Obvious defects must be reported in writing within 8 days after received of the goods. Dimensional deviations (also as described under II.4) and color deviations, in particular possible color deviations between display on monitors and print copies to the original colors, are unavoidable and can not be objected to. Only our original color samples are obligatory, where by color differences from batch to batch are possible in the case of post-production of previous deliveries.
It is also important to consider possible differences in color with different output qualities, even with the same color. This is particularly true when different products are placed side by side. If the goods are defective due to material and / or processing errors or if their properties are not guaranteed, then the supplier is obliged to either repair them or replace them free of charge by means of fault-free goods. The purchaser reserves the right to demand a reduction of the remuneration or, at his option, the cancellation of the contract in case of failure of the remedial or replacement delivery. However, this shall only apply if the customer has not altered the goods and has complied with the treatment regulations.
Further warranty claims of the customer are excluded. Liability is excluded if the goods are no longer in the condition of delivery, H. In particular if the customer has caused changes or repair work.
Warranty claims expire six months after receipt of the goods. Compensation claims are limited to the case of gross negligence or intent.
1. The place of performance is the registered office of the supplier.
2. The court of jurisdiction is Munich. This also applies to bills of exchange and checks. If the purchaser is a trader in the sense of § 4 HGB or non-buyer, herewith it is expressly agreed that claims may be asserted at the Munich court of jurisdiction by means of the order for payment (§§688 ff ZPO) (§ 38 para 3 para 2b ZPO) ,
According to the Federal Data Protection Act (BDSG), the supplier points out that data required for processing the contract are stored in his data processing plant.
FUCHSIUS multi-media GmbH * HRB161064 AG Munich * Managing Director: Dipl.-Ing.Dieter Fuchsius * Fischerstrasse 2 * D-85737 Ismaning * Tax No.143 13880 428 * Terms and Conditions Ju-Stones 08/17