Terms and Conditions
1. The following terms are contract components for all current and future supply, unless they are expressly modified or excluded by the Treaty; earlier about other terms are no longer valid.
2. Deviating conditions of the purchaser do not oblige the supplier, even if he does not expressly contradict them. By placing orders the purchaser acknowledges these delivery conditions as legally binding.
3. The contract remains binding even if individual points of its legal become ineffective conditions in the remaining points.
4. Specially made and / or tailored products are nonreturnable.
1. The scope of the order results from the offer and / or the written order confirmation of the supplier. For oral, telephonic or e-ordering the written order confirmation of the supplier shall prevail. Until the written confirmation of the offers are not binding; Subject to prior sale. Subsidiary agreements require written confirmation. Cropping is not included, unless specifically confirmed.
2. The documents belonging to the offer, such, for example. B. Measurements are approximate only, unless they are expressly designated as binding. The supplier reserves the right to make technical modifications during the delivery period, provided that the object of purchase in terms of function and appearance is not fundamentally changed, and the change of the contract partner is reasonable.
3. Matt colors shown in the brochures and in the appended files or in our website can differ from the original colors, as the colors appear because of on paper and textile different light reflection, or uncalibrated monitors, different. Binding only the original color patterns may be.
4. Our standard Florbreiten for mats be among others approx.82cm, 112cm, 147cm and 197cm as raw material, that is, prior to curing. Mats with surrounding rubber edge are manufactured with standard output widths of about 85cm, 115cm, 150cm and 200cm (Dimensions before vulcanization) When coating (curing) and in the later use to shrink the mats according to experience approx.3-5%
5. If mats in frame, windscreen, door casing etc. should be suitably routed to an area to be covered flush fitted or, we need the exact frame internal dimensions, and the dimensions of the area to be covered. Gem.Pkt.4 necessary shrinkage allowances up to a maximum width of 200cm with edge, bzw.197cm without border (dimension before coating and curing), are calculated by us and offered individually. The mats are produced on request with oversize, prewashed several times before delivery and between-dried. The mats are then optionally supplied with oversize without circumferential edge and must be cut on site locally.
6. Our mats, unless otherwise agreed, delivered in a rectangular shape with or without borders. Nichtrechtwinklige mats (Free-size version) can also be manufactured with or without revolving rubber edge. For this we need precise templates with the appropriate dimensions. Since the individual cutting can not be done by machine, the greater time required for manual cutting must also be calculated. This depends on the shape and type of the blank. We need the details of the desired cut with exact measurements, if possible with a sketch.
7. to cost estimates, drawings and other documents of the offer, the Supplier reserves ownership and copyright; Access to third may not be made accessible. They are the Supplier if the contract is not awarded, the right to request without delay.
8. Partial deliveries are allowed.
9. The customer confirms by this contract award that ordered the mark or logo and lettering may be used.
III. Prices and Payment
1. Prices are ex works or business of the supplier, excluding packaging and freight. These will be charged extra.
2. The packaging is not taken back, unless it is delivered on a pallet, which are the property of the supplier.
3. If, after the expiration of three months after the conclusion of the contract material price or wage increases or taxes and duties increased, the Supplier
entitled to adapt its prices accordingly. Deposits and prepayments do not affect prices. They are credited and charged to the definitively resulting price.
4. First deliveries and orders under € 350.00 value of goods can be charged by cash without deduction, otherwise payment shall be net cash immediately after the invoice date, unless the order confirmation other payment terms have been agreed.
The supplier reserves the right to request at higher orders of € 3000.00 and one-third of the contract price after receipt of the order confirmation, one third after readiness for shipment and the remainder upon delivery in cash. If delivery is delayed for reasons for which the supplier is not responsible, the supplier may also require € for orders up to 3.000,00 two-thirds of the contract price as a deposit.
The acceptance of checks and bills payment only and without liability for protest. The costs of discounting and retraction shall be borne by the purchaser. In case of default of the supplier is entitled to charge interest at the standard bank credit claim acceptance rates.
5. If, after conclusion of the contract circumstances become known which are suitable to reduce the creditworthiness of the customer, all claims regardless of the maturity of any bills are due. Such circumstances entitle the supplier also to perform outstanding services only against advance payment or security deposit and withdraw after a reasonable grace period from the contract or claim damages for non-performance.
IV. Retention of title
l. All deliveries are subject to retention of title. The property is only transferred to the purchaser when he has fully repaid th its liability from the deliveries. This applies even if the purchase price has been paid for certain deliveries of goods designated by the purchaser. For current accounts, the retention of title shall serve as security for the outstanding balance of the supplier.
2. The purchaser is entitled to resell the delivered goods in the ordinary course of business to its normal trading conditions. Pledges or security transfers are forbidden him.
3. From a seizure or any other impairment of its rights by third parties the customer has to inform the supplier immediately. If the buyer sells the goods, he shall already now until the complete eradication from all which may result from changes in claims against his customers with all ancillary rights to the supplier. At the request of the supplier the buyer is obliged to announce the assignment of his customers and to give the supplier the necessary to assert his rights information.
4. The enforcement of retention of title and the seizure of the delivered goods shall not constitute withdrawal from the contract unless the law provides otherwise.
V. Delivery Time
1. The delivery period calculated after order confirmation until the date of clarification of all details of the order, ie after receipt of all documents. It is not binding, but such that it can be withheld from a regular flow of production.
2. malfunctions on their own farms or subcontractors, acts of God, war, riots, lockouts, strikes, fire, confiscation, the scrapping of an important work piece, limitation of energy supply and the late receipt of essential raw materials exempt the supplier from the meeting of deadlines. Should the delivery be delayed by these circumstances or be impossible and meet the supplier is not at fault, as claims for damages by the purchaser are imposed in the case of objective impossibility both parties have the right to rescind the contract.
Vl. Transfer of risk and dispatch
The supplier ships always at the expense and risk of the purchaser, even if carriage-paid delivery. The risk passes to the buyer as soon as the shipment has left the warehouse.
From the same date, the buyer for damages that may arise to third parties liable. If the goods are ready for shipment and the shipment is delayed or acceptance for reasons for which the Supplier is not responsible, then the risk is transferred upon receipt of notification of readiness for shipment to the customer. The supplier is entitled to store these goods elsewhere at the expense of the purchaser and for its account and risk, if the purchase obligation is delayed by more than 4 weeks.
Dispatch, dispatch and shipping agents are left to the supplier to the exclusion of liability and without guarantee for cheapest transport.
VII. Transport damages and insurance
1. Transport damages must be displayed when receiving the goods immediately. In rail transport is the Güterabfertigung a ground official certificate to assert claims for compensation to ask about the damage. These must be returned to us immediately. If failed to obtain this certificate, any claim for compensation was rejected.
2. Insurance of the goods against transport damage is made only on request of the customer. The supplier charged in this case, the costs incurred by him, but accepts no responsibility for the conduct of Versicherurig.
VIII. Warranty claims
Obvious defects must be reported in writing within 8 days of receipt 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. Only our original color samples are binding, whereby color differences from batch to batch are possible with reprints of previous deliveries. Also note the same color numbers possible color differences with different floor and mat qualities. This is especially true when different mat qualities are laid side by side. Observe different color reproduction depending on the direction of the floor and the ambient light. ">Deviations (also as described under II.4) and color deviations are inevitable and can not be rejected.
If the goods are due to material and / or workmanship defective or lack guaranteed characteristics, the supplier is obliged to either rectify or replace free of charge by faultless goods at its discretion. The purchaser retains the right to demand at failure of the repair or replacement reduce the remuneration or at its option cancellation the contract. However, this applies only if the purchaser has not changed the product and the washing instructions it has observed.
Further warranty claims of the customer are excluded. Liability is excluded if the goods are no longer in a condition of delivery, d. H. in particular, if the customer has already swept or used the goods and / or has initiated changes or repair work.
Warranty claims expire six months after receipt of the goods. Claims for damages remain limited to the case gross negligence or intent.
1. The place of performance is the location of the supplier.
2. Jurisdiction is Munich. This also applies to bills and checks. If the buyer is a trader within the meaning of § 4 HGB or non-registered trader, is hereby expressly agreed that claims by way of the order for payment procedure (§§688 ff ZPO) can be asserted at the court of jurisdiction Munich (§ 38 para. 3 para. 2 b ZPO ).
The supplier has, according to BDSG (Federal Data Protection Act) suggests that for contract execution necessary data stored in its data processing system.
FUCHSIUS multi-media GmbH * HRB161064 AG München * CEO: Dipl.-Ing.Dieter Fuchsius * Fischerstrasse 2 * D-85737 Ismaning * Tax No.143 13880 428 * Conditions FMM 10/12