General terms and conditions of business
The following terms apply exclusively for the sale of Goods by the company 1A Tapes e. K. (in the following “seller”), Elsteraue 3, D-07586 Bad Köstritz. These conditions of sale shall also apply to all future transactions between the parties, and then apply if we, despite knowledge of differing or contradictory terms and conditions for a delivery to make. Separate agreements with the buyer (including supplementary agreements, additions and Changes) always have priority over these conditions. Deviating provisions, especially purchasing conditions of the buyer are only part of the contract if this is expressly agreed in writing. Sale Our sale and offers are directed exclusively at commercial customers or dealers.
Offers of the seller are always without engagement and not binding.
The prices are subject to change in Euro excl. VAT, ex warehouse, exclusive of packaging. The cost of transportation, such as postage, freight, loading, transport, the buyer has to carry, unless it has been otherwise agreed in writing. The calculation is carried out on a Euro Basis to the on the day of delivery prices applicable, if no deviating agreements are made in writing.
Terms of payment
Payments are to be made within 30 days strictly net, unless otherwise agreed in writing. Discounts of any kind apply if at the time the payment is already due claims are open or if the buyer in an insolvency proceeding device. As cash payments are only payments in cash, at the latest upon receipt of the delivery. Transfers shall only be considered payment at the time the amount is credited to our Bank account.
If the payment period is exceeded, the buyer to the seller Verzugzinsen in the amount of 8% above the respective Kontokorrentzinssatzes the Bank of the creditor as well as overdue fines to pay. The assertion of further damages remains expressly reserved. In case of Exceeding the payment term of an invoice, all subsequent invoices immediately due and payable.
Agreed delivery dates are without obligation, unless, in the written order Confirmation expressly provided otherwise. If a delivery period is agreed as binding, this period is extended appropriately in cases of force majeure (traffic jams and disability, lack of transportation, strikes, war). If the delivery date exceed more than six weeks, the buyer has the right to the seller with a reasonable period to be set. Does the seller have no proof of until the expiration of the grace period, the buyer may, by written notice from the contract. The above deadlines apply if they are explicitly excluded in writing.
Shipping and packaging
The risk passes to the buyer once the goods to the warehouse of the seller leaves. All shipments, including any returns, shall travel at buyer’s risk. This shall also apply if the seller bears the transport costs. Shipping and packaging take place according to professional and commercial aspects, or at our discretion, but without liability for the cheapest packaging and shipping. Total acceptance can be regarded as proof for proper packing.
Warranty claims are only possible if the quality, workmanship and design of the product, the industries and commercial tolerances exceed. Complaints must be reported immediately, however no later than within 5 working days after Receipt of the goods to be made in writing. A seller’s warranty is canceled when Changes from the other side of the goods were made.
1. If originates to the buyer a damage which has been caused by the shop assistant or his deputy deliberately or by coarse carelessness, the legal regulations are applicable. The Same applies for damages due to injury to life, body or health resulting from a negligent breach of duty on the part of the seller or its representatives resulting. The case of personal injury or damage to property caused by negligence on the part of the seller or its delegates (outside of the scope of 1.) arise, the seller is only liable in case of breach of an essential contractual obligation, however, limited to foreseeable damage for this type of contract is typical, as well as in the event of delay to maximum 5% of the value of the order. In any case, the liability provisions of the German product liability act are unaffected. So far as the seller only in the amount typical and foreseeable damage is liable, the seller is not due to a shortage caused by direct, indirect or consequential damages or loss of profits liable. Regardless of the legal liability of the seller in all other cases except the above-mentioned excluded.
All vendor information on the Internet, in catalogues, price lists, other advertising material, etc, for the object of delivery or service, as well as all figures etc are merely intended to describe and should only have a General idea of the Goods described therein to convey. They do not contain explanations and representations or warranties and are not part of the contract.
Retention of title
The delivered goods until fulfilment of all deriving from the purchase contract the buyer’s obligations the seller’s property. If the buyer is in arrears with payments, the seller shall be entitled to the return of the goods to demand. The purchaser undertakes, subject to the Retention of title delivered goods shall only resell under retention of title to resell. The demand of the buyer from the resale of the reserved property are assigned to the seller. Any seizure of the reserved property by a third party are to be reported immediately.
The seller is entitled to all data on the buyer in the sense of the Federal data protection act to process, within the context of, or in connection with the business relationship from the purchaser itself or by a third party.
Place of performance and place of jurisdiction
The place of performance for all obligations from the contractual relationship shall be the place of dispatch. The seller is entitled to the buyer at his registered office or any other place to sue. All contracts shall be governed by the law of the Federal Republic of Germany.
If one or several provisions of these terms and conditions is invalid or contractual agreements amended in writing, the validity of the remaining provisions shall not be affected.