§ 1 Scope
(1) Our deliveries, services and offers are based exclusively upon these terms and conditions. They are part of all contracts agreed with our customers (may also be called „buyers“ in this text) on the provision of our product offerings..
(2) Our sales staff is not authorized to make oral agreements with the clients regarding the contract which differ from the order sheet or from these terms and conditions of sale.
§ 2 Offering and Conclusion of Contract
(1) We reserve the right to change product offers and prices detailed in product brochures, advertisements and other advertising literature without notice. Immediately deliverable items are accompanied by our invoice which also represents your order confirmation and notification of dispatch. The items are delivered with the usual quality and properties which are standard at Guderma GmbH at the time of delivery. Technical modifications are subject to change without notice. The applicable prices are those valid on the date of your product order.
(2) The customer is bound to his orders for a period of 14 calendar days starting with the order date signed by the customer for all orders which have not yet been accepted by us. We reserve the right to accept the offer within this deadline. This deadline is met as long as our acceptance is received by the customer within the stated period. Our dispatch of the items ordered also represents a form of acceptance.
§ 3 Prices and Payments
(1) The prices include German V.A.T.
(2) All quoted prices include packaging and collection from our warehouse, unless agreed otherwise in writing.
(3) Payments are to made in cash at our business premises directly or via bank transfer onto a bank account provided by us. Technical staff, drivers and on-site service staff are not authorized to accept payments.
(4) Cheques are accepted only on account of performance.
(5) The buyer is only allowed to compensate for his own claims through our claims if the counter claims have been established undisputedly or legally. The buyer is also entitled to retention resulting from counter claims within the scope of this contractual relationship.
§ 4 Delivery and Delivery Period
(1) Our products and services have to be delivered as soon as possible, however no later than within approximately four weeks, unless a deadline or a definite fulfilment date has been agreed in writing.
(2) The buyer has to grant us an appropriate extension in cases where we are unable to meet the agreed deadline. This extension should under no circumstances exceed a period of two weeks.
§ 5 Dispatch
(1) The products are dispatched from our warehouse. A dispatch of products will only be effected in individual cases where this has been agreed in writing.
(2) The costs of transportation are paid by the customer.
§ 6 Warranty
(1) The buyer shall be entitled to all rights established by law should the product be defective.
(2) Damage claims of the buyer, however, are subject to the special conditions stated under § 7.
§ 7 Liability for Damages
(1) Damage claims of the buyer resulting from apparent defects of the goods delivered shall be excluded if the buyer fails to advise us of such defects within a period of two weeks from delivery of the goods.
(2) Our liability for damages are, regardless of the legal reason (including delays, defects, or other violations of obligations) limited to the foreseeable damage which is typical for this type of contract.
(3) The above stated limitations of liability do not cover our liability for intentional behaviours or gross negligence, for guaranteed qualities or properties, for risk of life, body or health, or according to the product liability law.
§ 8 Ownership
(1) We reserve ownership of the delivered products until full payment of the price for the goods is received. As long as the retention of title applies, the buyer shall not be entitled to re-sell or otherwise dispose of the ownership of the goods.
(2) In case of third party access, including bailiffs, to the goods subjected to retention of title, the buyer shall inform such party of our entitlement in order for us to enforce our legally provisioned title of ownership.
(3) Should the buyer behave in breach of this contract which especially includes payment delays, we shall be entitled to request the goods subjected to retention of title back under the provision that we have rescinded from this contract.
§ 9 Re-selling of Goods
Commercial selling or re-selling of our products requires our consent.
§ 10 Place of Fulfilment
The place of fulfilment for the obligations arising from this contractual relationship is Bergkamen, post code 59192.
Am Hohenkamp 12,