The following terms apply without exception to all current and future business transactions. If the purchaserous terms of purchase conditions deviete from these terms in any way these deviations will only apply if they are expresely confirmed by us in writing. All contractual agreements must be made in writing. Verbal agreements have no legal binding for either of the contracting parties.
§2 Quotation and conclusion of contract
The order is first deemed as accepted when it is confirmed in writing by the supplier; until this time the suppliers quotation is not binding.
The prices quoted apply without shipment. Shipment can be order by the supplier (charged to the purchaser) or by the customer himself (cheapest way always). Direct delivery to the dealer´s customer is possible. All prices plus current value added tax.
We have the right to increase the agreed price, if prices charged by our suppliers, our costs, taxes or other expenses increase in the meantime.
Every order will be confirmed by us together with the quotation of a provisional delivery time. A binding delivery time can only be quoted in certain individual cases on express wish. We reserve the right to reasonably extend the delivery time or cancel the order because of hindrances in manufacture and production downtime caused through no fault of our own, availability of raw materials or delivery problems caused by our suppliers. Claims for damage resulting from late delivery are excluded, except when the delay is caused through gross or deliberate negligence on our part.
Size, colours, illustrations or drawings are are only binding for the order if these are expressly confirmed. Slight colour variations in wood caused by different structures, hair cracks and visible glued joints in varnished surfaces are unavoidable. Slight variations in the colour of fabrics, in the grinding of stainless steel (fingerprints can appear), in the surface of our concrete appearance (especially on subsequent deliveries) are unavoidable and are no basis for claims under warranty. The quoted in the catalogue are approximate and can vary slightly from those quated.
If there is a deposit in payment, the delivery time starts with receipt of this amount.
§5 Warranty (The lawful period of warranty applies)
Any claims, especially for patent defects have to be made within 14 days after receipt of the goods in writing. Defects that are not discovered within 14 days of receipt, even after careful inspection, must be claimed for immediately on discovery, but not later than a term of four weeks after receipt of the goods. After expiry of this term of notice the goods will be regarded as being accepted as far an typ, amount and condition is concerned. Claims for damage during transport must be made on the delivery note provided by the driver. In the case of damages caused during transport or through shipping agents, all rights must be secured through a statement of facts.
We reserve the right to carry out improvements, to make a subsequent delivery or to reimburse or reduce the price on punctual, rightful warranty claims. If improvements or subsequent delivery do not satisfy the warranty claim we will decide wether to reimburse or reduce the price. Claims for damages are excluded, except if the defect was caused through gross or deliberate negligence on our part. Return shipments may only be sent after receipt of our consent in writing, otherwise we will refuse acceptance.
Warranty claims do not give the claimant the right to withhold invoice payments.
Our invoices are payable as written on the invoice itself. Net quotations must be paid within 10 days without any discount. Ingoing payments will be accounted to the earliest invoice and can only be acknowledged if these payments are made direct to our company. In the case of acceptance of bills of exchange and cheques the account is considered paid only on redemption of the means of payment. On default or cessation of payment the total amount of the open invoice becomes due immediately. Default interest will be charged at the normal bank rates.
§7 Proprietary rights
We reserve our proprietary rights to the delivered goods, until all demands arising from our business agreements with the purchaser, including demands occuring now or in later agreements are fulfilled. This also applies if individual or all demands are included in a current invoice and the balance is drawn and accepted. On contravention of contractual obligations by the purchaser, especially on default of payment, we reserve the right to reclaim the delivered goods. On reclamation or on seizure of the goods by us, withdrawal from the contract can only take place when expressly allowed by us in writing. On seizure or other method of reclamation by third parties the purchaser must inform us immediately in writing. The purchaser has the right to sell the goods within the framework of a correctly run business.
However the purchaser accepts the responsibility, on completion of the sale for all claims arising from the sale against the buyer or other third parties. The purchaser does not have the right to pledge or make assignments by bill of sale as security for debts before full payment. The purchaser must insure our goods against fire and theft as long as they are not paid for. If our goods are recovered because of default of payment or suspension of payment then, under reservation of any higher damage to be evidenced by us, a coat charge of 15% of the invoice value plus decrease in value will be made. Lower damages must be evidenced by the purchaser.
§8 Suppliers right to withdraw from the contract
If, after conlusion of the contract, the supplier learns that the purchaser is in financial difficulties then the supplier can demand security for the goods or withdraw from the contract after invoicing all costs involved to that date.
§9 Special manufacture
Special manufacture and modifications cause significantly higher costs. The purchaser is obligated to accept all goods of special manufacture if manufacture is already in progress in our factory and our suppliers factory.
§10 Place of juirisdiction and performanceh5>
The place of performance for delivery, payment and other contractual obligations is Düsseldorf, Germany. The place for jurisdiction for all disputes arising out of our terms of business is Düsseldorf, Germany, as long as our contracting partner is a qualified merchant.
§11 Applicable law
With regard to the contractual relationship between the supplier (wissmann raumobjekte) and the purchaser only German law is applicable. The validity of unitary law for international sales of movable articles and unitary law covering international sales is excluded.