Our general terms of business.
1. Pices
The prices at the day of distibution are effective, unless
there has been made an additional
agreement through order or order-confirmation. Our list prices
do not include VAT.
The VAT will be added to the goods value at the invoice.
2. Freight charges and packaging
We do not charge for light packaging materials but do charge
for materials which are
stable in value, especially sea-proof materials or specially
requested materials.
3. Delivery time
We try to keep to the schedule which we have fixed as much
as possible. Should the
delivery time be passed, the customer is commited to allow
a delivery at a adquately
later date. After such a delivery at a later date has passed,
the customer has the right
to cancel the contract within the legal boundaries. Further
claims of the customer,
especially for compensation, in case of passing the delivery
time, do not exist.
4. Danger-Transition
The distribution takes place at the customers own risk in
all cases.
All goods will be insured at sales value, unless the customer
emphasizes that such
an insurance should not ensue.
5. Payment
We offer the following choice:
a) Payment within 30 days of invoice-date
(Delivery Date)
b) or within 14 days of invoice-date with 2% discount
In the under a) and b) given credit periods there are 3 days
for transportation included
already. Deadlines are understood as having been met as soon
as the money has been
recieved by us. After 30 days past the invoice date the customer
falls into arreas with
the payment without this necessitating a reminder, unless
the customer proves that the
delivery was just as late.
The delay in payment allows us to charge 4% more interest
than the minimum lending rate
of the Bundesbank, from the date of delay. Accumulating reminder-costs
have to be paid
by the customer, we are entitled to charge EURO 2.00 for
the first reminer, EURO 4.00
for the second reminder and EURO 6.00 for the third reminder.
6. Reservation of proprietary rights
The delivered goods do stay in our exclusive possession until
the entire payment has been
made, this includes instalments as well.
As payment the incoming money is understood. In case of payment
by cheque or exchange
the payment is understood as valid, when the amount of money
has been credited
unconditionally to our account.
In case of access by 3rd. parties to goods delivered by us,
which fall under the reservation
of proprietary rights, this has to be reported by sending
immediately the seizure-report
to us. In case of re-disposal of goods, which fall under
the reservation of proprietary rights,
the customer hands over already in advance any claims towards
the purchaser, to us.
7. Guarantee
We only grant a guarantee under the conditions that a complaint,
in case of obvious faults
within 8 days after delivery and in case of not obvious faults
immediately after recognizing,
is being reported to us in writing. In case of a justifiable
complaint we guarantee improvement
or delivery at our choice. If this should not be posssible
the customer is entitled, within the
legal boundaries, to demand alteration or reduction. Further
claims do not exist, unless
the goods do not show the in writing guaranteed features.
Place of guarantee is Hilden.
8. Potential output faults
Unforeseen occurrences such as: acst of God, war, official
measures, breakdown, fire,
lack of resources and other circumstances for which we cannot
be made responsible,
release us from any delivery obligation. In case of such
an announcement we will inform
our customers immediately. Compensation for the customer
does not exist in this case.
If we get information about financial difficulties of our
customer, we are entitled to demand
surety. If this is not granted, we are entitled to cancel
the contract.
If the customer does not take the ordered goods at the agreed
date, he loses his right for
further deliveries. In this case we are entitled to claim
10% expense allowance of
the order-value. We reserve the right for further compensations,
especially for special
models, for ourself.
9. Return Delivery
We do not accept return deliveries without our previous agreement.
Special models are excluded from return deliveries.
10. General Points
Place of payment and court of jurisdiction is Mettmann.
If one of the regulations in this Delivery- and Payment-Conditions
becomes ineffective,
the effectiveness of the other regulations is not beeing
touched.
SVA Industrie Fernseh GmbH, Hilden
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