Conditions
General terms and conditions of business
1. Offers
Offers are always non-binding and subject to change, subject to delivery availability.
2. Delivery
Only the written order confirmation from the supplier is decisive for delivery. Any purchase and other conditions of the purchaser as well as special agreements are invalid to the extent that they contradict the delivery and payment conditions of the supplier. By placing orders, the purchaser expressly accepts the supplier's general terms and conditions of delivery and payment. These conditions also apply to future orders and transactions until revoked, without the need for express reference to these sales and delivery conditions again.
Approximately stated delivery dates are non-binding. Exceedances do not entitle the purchaser to any claims. Events of force majeure as well as shortages of energy and raw materials, traffic disruptions, operational disruptions and other events beyond the control of the supplier release the delivery obligation. Claims by the customer for damages due to non-fulfillment or late delivery are excluded to the extent permitted by law.
Orders received after the end of regular working hours (Mon – Thu 4.45 p.m. and Friday 12.15 p.m.) are deemed to have been received on the next working day.
Since these are imported goods, cancellations will only be accepted within 5 working days of receipt of the order.
It is assumed that unloaded containers are returned swept clean and in perfect condition. Any cleaning costs and/or repair costs incurred shall be borne by the purchaser.
3. Prices
The prices are in EUR and are subject to change. Deliveries abroad are generally made duty unpaid. A freight surcharge applies for 20-foot containers.
4. Payments
The supplier's invoice claims are payable net within 10 days of the invoice date. If the payment deadline is exceeded, interest on arrears of 2% above the current base interest rate of the ECB will be owed and due, subject to the assertion of further damages. The supplier's remaining claim will become due immediately if the customer does not adhere to the agreed payment deadlines, requests a deferral of payment or a settlement or stops making payments. Bills of exchange will only be accepted after prior mutual agreement, including discount and other bill of exchange charges. Check or bill of exchange payments are only recognized as payment once cash has been redeemed. Any liability on the part of the supplier arising from failure to present checks and bills of exchange on time is excluded.
If the customer is in arrears with payment of an invoice, all subsequent invoices are due for payment immediately.
The supplier's representatives are not authorized to collect payments; Returns of goods, discounts and the like granted by you require written confirmation from the supplier.
5. Shipping
Shipping is carried out at the expense and risk of the purchaser, even if the shipping documents contain notes to the contrary. No liability is accepted for transport difficulties or damage of any kind. Packaging is carried out with the best possible care and shipping is carried out at the best discretion of the supplier.
6. Complaints and warranties
The customer is obliged to check the goods immediately upon receipt for their quality and suitability for his purposes (commercial use only at his own risk). Complaints (including differences in quantities) must be reported to the supplier immediately, at the latest by the end of the next working day, from receipt of the goods in writing, using a copy of the delivery note. Fulfillment of this notification obligation is also a prerequisite for claims under Section 478 of the German Civil Code (BGB).
Later complaints of defects will not be taken into account. Complaints entitle the purchaser to withhold invoice amounts only to the extent required to remedy the defect. If the quality of the goods is rightly complained about or if a guaranteed property is missing and the complaint was made in a timely manner, the supplier reserves the right, at his discretion, to repair or exchange the goods or refund the purchase price against return of the goods. Missing quantities will be delivered later if possible; otherwise the supplier will issue credit. The supplier's liability does not relate to natural wear and tear, improper handling or damage that occurs as a result of incorrect or negligent handling, excessive use, unsuitable operating resources, or other influences through no fault of the supplier. The supplier is also not liable if the purchaser or third parties make changes or improper repairs to the goods delivered by the supplier. All other further claims of the purchaser, in particular for conversion or reduction as well as for compensation for damage of any kind, including damage that did not arise from the delivery item itself, are excluded to the extent legally permissible.
7. Impossibility of contract adjustment
In the event of unforeseen events that significantly change the economic significance or content of the service or have a significant impact on the supplier's operations and in the event that execution subsequently becomes impossible, the contract will be adjusted appropriately to the extent that this corresponds to good faith. If this adjustment is not economically justifiable, the supplier has the right to withdraw from the contract. The customer has no claims for damages due to such withdrawal. If the supplier wishes to make use of this right of withdrawal, he must inform the purchaser of this immediately, even if an extension of the delivery time was initially agreed with the purchaser.
8. Retention of title
All delivered goods, including those that have already been paid for, remain the property of the supplier until the buyer has paid all liabilities arising from the business relationship with the supplier, including those that arise in the future, including all additional claims, and has cashed checks and bills of exchange given in payment. However, the customer is entitled to sell the goods to third parties in the normal course of business. If he makes use of this, he now assigns to the supplier the claims against his customers to which he is entitled from the sale, including all ancillary rights. If the value of the securities given to the supplier exceeds the supplier's delivery demands by more than 20%, the supplier is obliged to assign the goods at the request of the customer.
The purchaser may neither pledge the delivery item nor assign it as security. The assertion of the retention of title and the seizure of the delivery item by the supplier do not constitute withdrawal from the contract, unless the installment law applies. When paying by check or handing over a bill of exchange, the cashing of the check or bill of exchange is decisive for determining the time of full payment.
9. Place of performance and jurisdiction
The place of fulfillment for both delivery and payment is Hochstadt a. Main, Lichtenfels district. The local court in 96215 Lichtenfels is expressly agreed to be the place of jurisdiction for all disputes, including claims on bills of any amount. German law applies to the contractual relationships.
10. General
The supplier reserves ownership and copyright to cost estimates, samples, drawings and other documents that the supplier provides to the customer in connection with the offer or delivery. The documents mentioned may not be made accessible to third parties and must be returned to the supplier upon request. The remaining parts of the contract remain binding even if individual points are legally ineffective.
These general terms and conditions alone govern the entire business relationship with our customer. They also apply to all future business relationships without the need for express inclusion again.
The customer guarantees the accuracy of his information and documentation to the tax authorities. He bears the sole risk if Gutmann Lifestyle GmbH loses the right to deduct input tax due to incorrect information or an invalid VAT ID number. becomes subject to sales tax.
11. Severability clause
The invalidity of individual provisions of these General Terms and Conditions does not affect the effectiveness of the other provisions. Instead of invalid provisions, those that most closely correspond economically to the invalid provisions in a legally effective manner will be used. The same applies to possible regulation gaps.
May 2020