General terms and conditions of the company Michael Schädlich Schönheide
(painting and do-it-yourself commodity)
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I. General Terms
This General Terms and Conditions are basis and part of all contracts
between the company Schädlich Schönheide and the customer as
far as there is no other written agreement. The conditions are valid by
placing of the order at the latest. Customer´s own conditions are
not valid except they are expressly written accepted by the company Schädlich
Schönheide. All explanations to or in connection with the delivery
contract have to be written down.
The conditions are subject to changes which will be published in an adequate
period of time. If the customer is not protesting during 2 weeks upon
receipt of the changes and, at the latest, up until that point in time
where the changes shall become effective, they will become effective according
to the announcement. If the customer is prostesting in an adequate period
of time, the company Schädlich Schönheide is authorized to terminate
the contract at that point of time where the changed conditions shall
become effective.
II. Achievement of the Contract
The contract is achieved if the written order (via E-mail, Fax etc.) is
written confirmed. To avoid misunderstandings, the order will be proceeded
after consulting the customer. By placing the order through an employee
of a company who is not the legal proxy, the company Schädlich Schönheide
demand a written authority of the principal.
III. Minimum Order Amount, Prices
The minimum order amount is EUR 10,00. Prices are always valid at that
point in time where the order is placed. The only exception are so called
price-controlled products. All prices are given in EUR including VAT.
IV. Forwarding Expenses, Handling Charge
Up to EUR 100,00 worth of goods, delivery is made plus forwarding expenses.
If the goods are valued up to EUR 249,00, delivery is made plus a share
of forwarding expenses of EUR 3,00 - 20,00 (depending on weight and distance).
Deliveries with a worth of goods from EUR 250,00 and upwards are delivered
without forwarding expenses inside Germany. Foreign orders are calculated
plus freight charges. Shares of forwarding expenses will be announced
if inquired.
V. Conditions of Payment
On principle, payment at placing of the order (not with new customers),
credit card or cash on delivery are agreed. Payment with invoice is agreed
individually between the company Schädlich Schönheide and the
customer. If payment with invoice is agreed, the goods become payable
by the due date on the invoice. After sending the invoice and at the end
of three weeks according to the due date on the invoice, the customer
is in default without receiving an individual reminder. The company Schädlich
Schönheide is then authorized to demand default interest of 5% (base
interest rate, §1 discount rate transition law) as of 30 days after
due date.
Further conditions of payment, especially for the export, have to be
agreed individually.
VI. Delivery
Delivery of the goods will be made by a delivery service which seems to
be the most favourable to the company Schädlich Schönheide.
VII. Reservation of Ownership
The goods delivered shall remain the property of the company Schädlich
Schönheide until they are fully paid (extended reservation of ownership).
VIII. Notification of Defects
The customer is obliged to complain in a written form about visible defects
not later than two weeks after receiving the goods, otherwise the assertion
of visible defects is excluded.
In case of other defects, which can be asserted during six months, the
company Schädlich Schönheide is authorized to deliver compensation
or finishing touches of own choice. If finishing touches or delivery of
compensation is missed, the customer is authorized to assert the right
of nullification (cancelling of the contract or reduction). As for the
rest, the legal regulations for buying and the extended guarantee regulations
of the particular manufacturer (can be announced if inquired) are valid.
IX. Re-sending
Re-sended goods, especially in case of assertion, will only be taken after
consultation or written announcement.
X. Place of Performance
Place of performance is 08304 Schönheide/Sachsen.
XI. Final Regulations
If parts of this General Terms and Conditions are not valid or become
invalid, all other regulations still are. An invalid regulation will be
replaced.
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