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Terms of delivery
1. When placing the order the customer shall simultaneously declare that he/she is placing the order in the practice of his/her commercial or self-employed activity.
These general terms and conditions shall also apply to all future business relations even if they are not explicitly agreed again.
Counter-confirmations of the buyer with reference to his/her General Terms and Conditions are herewith objected to.
2. The minimum order value of any order shall amount to 25,00 €. For orders of lower value we will charge a mark-up for small-volume purchases amounting to 5,00 € and will only deliver against cash on delivery. First deliveries to new customers will on principle be carried out against cash on delivery.
3. Packaging and shipment of the goods will be effected for the Purchaser's account and risk.
4. Complaints can only be taken into consideration if submitted in writing within eight days upon receipt of the goods; at the end of this period the deliveries shall be considered approved in all their parts.
Defects of any part of a delivery shall not entitle to any complaint about the entire delivery. The Purchaser shall always only be entitled to demand a reduction of the purchase price but not a cancellation of the sale. Any further claims shall be ruled out in any case. The right of the rectification of defects or substitute delivery shall always remain reserved for ourselves.
5. The freight/postage for return shipments to us shall be prepaid in any case, otherwise acceptance shall be refused. In case of justified complaints the freight/postage charges shall be reimbursed.
6. If it turns out that the ordered goods are not available or the order was placed by a consumer in the meaning of sect. 13 BGB (German Civil Code), then Lange & Co. GmbH reserves the right to cancel the Contract.
Within the scope of reasonableness we reserve the right to changes of shapes, improvements, deviations from the illustrations of the catalogue as well as errors and/or misprints particularly in price quotations.
7. Claims for compensation shall be ruled out irrespective of the type of the breach of duty including tort unless it is a case of deliberate or grossly negligent action.
In case of a breach of essential contractual duties the Seller shall be liable for every negligence, but only up to the amount of the foreseeable damage. Any claims for loss of prospective profits, saved expenses, from claims for compensation raised by third parties as well as other direct and indirect damages may not be demanded.
The limitations and exclusions of liability in the above paragraphs shall not apply to any claims caused by the Seller's fraudulent behaviour, to any claims pursuant to the product liability law as well as damages caused by injuries to life, the body or health. To the extent the Seller's liability is limited or ruled out this shall also apply to the Seller's employees, workers, representatives and persons employed in performing an obligation.
8. Payment is requested within 10 days after the date of the invoice deducting 2% cash discount or net after 30 days. In case of deliveries into foreign countries we basically reserve the right to deliver against cash on delivery and/or payment in advance. In case of shipments against cash on delivery or direct debit authorisation we grant a cash discount of 3%. In case of non-compliance with the final period of payment interest of 2% above the relevant discount rate and expenses shall be charged subject to the additional damage caused by delayed performance. In case of non-compliance with the final period of payment and subject to additional damage caused by delayed performance 5% above the relevant basic interest rate will be put forward as additional damage caused by delayed performance.
9. Samples, blocks/plates, drafts, etc. will be invoiced to the customer at cost price.
10. Up to the discharge of any debts (including all the balance of account debts from the current account) to which the Seller is entitled against the Purchaser now or in future for any legal reason, the following collateral shall be provided to the Seller who will release it at its own discretion to the extent its value sustainably exceeds the one of the receivable by more than 20%.
The goods shall remain the Seller's property. Processing and restructuring are always carried out for the Seller as manufacturer, however without any obligation for it. If the Seller's (joint) ownership expires on account of adjunction, it shall now already be agreed that the Purchaser's (joint) ownership of the integrated thing shall be passed on to the Seller in relation to its share of value (invoice value). The Purchaser shall hold the (joint) property in safe custody free of charge. Any goods to which the Seller holds an entitlement of (joint) ownership shall hereafter be called Conditional Commodity.
The Purchaser shall be entitled to process and sell the Conditional Commodity in the due course of business as long as the Purchaser is not in default. Pledging or assignment as collateral are inadmissible. The Purchaser shall already now to the full extent assign to the Seller by way of security all the claims (including all the balance of account receivables) resulting from the resale or any other legal reason (insurance, unlawful act) with regard to the Conditional Commodity. The Seller shall irrevocably authorise the Purchaser to collect the claims assigned to the Seller in the Purchaser's own name for the Seller's account. This direct debit authorisation can only be revoked if the Purchaser does not properly meet its financial obligations.
In case of access to the Conditional Commodity, particularly pledging, the Purchaser is referred to the Seller's ownership and shall immediately inform the Seller so that the Seller will be able to enforce its right of ownership. To the extent the third party is unable to reimburse the Seller for the costs accruing inside and outside the Courts in this connection, the Purchaser shall be liable for them.
In case of the Purchaser's behaviour in violation of the Contract – particularly delay in payment – the Seller shall be entitled to cancel the Contract and reclaim the Conditional Commodity.
11. Place of performance shall be – to the extent permissible – Bad Koenig (Federal Republic of Germany). This shall also apply to non-fully qualified merchants in case claims are reinforced by means of default summons.
The law of the Federal Republic of Germany shall apply to these business relations and all the legal relations between Lange &Co. GmbH and the Purchaser. The provisions of the UN Purchase Law do not apply.
Should any provision in these Terms and Conditions or any provision within the scope of other agreements be or become void the validity of all the other provisions or agreements shall not be affected. Besides the agreement coming as close as possible to this agreement and still being in effect shall apply.
Lange-Dekoshop
Lange & Co. GmbH - Berliner Straße 6 - D-64732 Bad König
Telefon +49(0)6063/20-12 - Telefax +49(0)6063/5-76-13
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