- Scope of application
Offers, deliveries, services and sales of Febrü Büromöbel Produktions- und Vertriebs-GmbH (named „vendor “here) are following exclusively according to the general terms and conditions. Contradicting conditions of the buyer (named „buyer“ here) will not be accepted. Deviations from the general terms and conditions require a written statement of the vendor
- Conclusion of contract
Offers of the vendor are without engagement.
The vendor is bound to the offer (contractual offer) for three weeks. The contract is valid if the buyer has not refused the offer with a written statement. The contract is accepted by written statement or delivery.
- Subject of change
Normal differences in colour and grain of plastic and wooden surfaces are acceptable.
Price indications are net prices. Depending on the place of delivery the national v.a.t might have to be applied. Prices indicated in the offer of the vendor are contractual. Prices for delivery are indicated in the offer.
Invoices have to be paid inside 30 days. If paid inside 10 days after date of invoice a cash discount of 3% can be applied. Different conditions can be negotiated between vendor and buyer. Credit notes of any kind have to be deducted from invoice amounts first. Cash discounts cannot be applied if older invoices are still due. Payments are used to balance the oldest invoices due, if not agreed differently. Other payments need to be discussed with the vendor prior to the payment. Cash discounts need to be agreed by the vendor in written form. Bills of exchange and cheques are only accepted to assure payments. Holding back payments or undoubting open invoices is not allowed. For payments from abroad German law is applied.
Deliveries are made to the buyer´s location behind the first lockable door. Deliveries are made to the buyer´s customer if the buyer indicates his address. This delivery is also carried out behind the first lockable door. Transports inside the building are not included in the delivery. Deliveries abroad are made according to individual conditions.
- Delivery times
Delivery times indicated by the vendor are estimated indications.
- Transfer of perils
Delivery risk – even in cases of freight paid – is with the buyer from the moment when the goods are packed on a truck or given to a forwarding agent. Febrü can cover the risk by an insurance but is not obligated to do. In case of transport damages the buyer has to document the damage and has to inform Febrü immediately!
- Receipt of goods
If the buyer did not accept the good for more than 8 days, the vendor can set a deadline of 8 days, declaring that after this period the goods will no longer be delivered. After this time the vendor can declare a compensation. The vendor is entitled to charge 25% of the buying price for compensation. The amount can be higher or lower according to the level of damage caused to the vendor.
The vendor can cancel the contract if the buyer has given wrong information about his financial background, stops payment or suffers from bankruptcy. Cancellation is not allowed if the buyer has accepted and carried out advanced payment.
- Reservation of property
Until payment of all invoices the goods are property of the vendor. In case of several invoices the reservation of property is valid, regardless the payment of individual invoices. If the value of safety deposit is more than 20%, the vendor can liberate part of the deposit. The buyer can then sell the goods according to the general rules. When selling the goods the buyer transfers the claims to the vendor. The buyer is entitled to draw the claims from the end user. This right can only be limited if the buyer does not follow his obligations. The buyer is not entitled to mix the good of the vendor with other goods, nor to work on these goods. The buyer is also not entitled to use the goods a safety deposit. In case of third-party-intervention the buyer has to inform about the rights of the vendor. The claim of reservation of property is not a cancellation of the contractual obligations. The buyer has to take action to protect and insure the goods against damage or theft.
For defects the vendor reserves the right of amendment. Instead the vendor can offer a replacement delivery. If amendment and replacement delivery fail, the buyer has the right to reduce the price or to cancel the buying contract. For obvious defects the buyer has to inform the vendor inside 14 after delivery in written form. This can also be made during delivery on the delivery note
- Data storage
The storage of data is subject of German law.
- Place of execution and court of jurisdiction
Unless stated in a different way the registered office of the vendor is the place of execution. For present and future claims – including bills of exchange and cheque claims – the court of law of the registered office of the vendor is responsible. The vendor can also notice claims on the court of jurisdiction of the buyer´s registered office.
- Law applicable
For the entire relationship the law of the Federal Republic of Germany is applicable.
If individual points of this agreement are not valid the remaining points will not be concerned.
Febrü Büromöbel Produktions- und Vertriebs GmbH · 09_2010