General Conditions of Business with WRAASE
Our deliveries are made solely on the basis of subsequent terms. Other conditions, which we do not explicitly acknowledge, are not binding for us.
2. Offer and the contract
Our offers are subject to change. All information, text and images in our brochures and catalogues are conscientiously put together. A guarantee of its accuracy can not be undertaken, this includes product descriptions and not assured properties. Authoritative for the adoption and the extent of delivery is our written order confirmation. Verbal agreements and subsequent contract amendments are valid only if they are confirmed in writing.
3. Supply and delivery dates
3.1 All consignments including any returns go to the expense and risk of the buyer. Insurance is at his request and at his expense.
3.2 We seek for the fastest delivery and compliance with delivery dates. For culpable failure to comply with a deadline by WRAASE delivery, the buyer is entitled to writing a grace period of three weeks with the threat of refusal and after the expiry he is entitled to resign from the contract with regard to the overdue performance. If the non-compliance with a delivery period is due to force majeure, working struggle, or other unforeseen obstacles or circumstances not represented of WRAASE, the delivery period will be extended accordingly.
3.3 WRAASE will be liable for damages for delay or impossibility only when a legal representative or fulfilling agent of WRAASE has acted intentionally or grossly negligent. If the purchaser is not a businessman, it remains in the legislation.
3.4 In each case, the liability for damages is limited to the amount of 10-times the delivery value.
3.5 WRAASE is entitled to partly deliveries.
4. Rates and Payment
The prices are in the "Euro" ex works, packaging excluded. Other price positions must be expressly stated. If the delivery is not on C.O.D. or prepayment, our invoices are payable within 30 days net from the date of invoice, unless otherwise agreed. Our bills are payable to our bank account free of any charges or bank fees. A set-off or retention by the buyer for any claims is excluded, unless the claims are legally established or undisputed. In the event of payment default by the purchaser, we are entitled to charge a default interest rate of 4% above the prime rate of the Deutsche Bundesbank.
5. Title of Retention
5.1 We reserve the ownership of all goods supplied by us to compensate for all debts from the entire business relationship. This also applies if the customer has paid the purchase price for certain goods delivered.
5.2 The buyer is entitled to resell goods in the context of a proper business, as long as he is not in default. Pledges or chattel are inadmissible. The buyer already joins in full security to us the resulting from the further sale or any other legal ground regarding the retention goods. At our request, the buyer will disclose to us the assignment with the necessary information and documentation.
5.3 In case of access of third parties to the retention goods, the buyer will indicate that it is our property and alert us immediately. In the case of an acting against the contract by the buyer-in particular non payment - we are entitled to withdraw the retention goods at the expense of the purchaser. In the withdrawal and in the seizure of the subject merchandise by us, there is no rescission of the contract.
6.1 WRAASE guarantees under the following provisions that supplies are free from manufacturing and material defects.
6.2 By arbitrarily interference in the goods the liability of the supplier will expire. Any liability for normal wear and tear is excluded.
6.3 With legitimate defects, we have at our discretion the right to either eliminate the shortcomings or in a reasonable period of time to provide free replacement.
6.4 If a subsequent improvement after a reasonable period fails, the purchaser can demand a decrease of compensation (reduction), or rescission of the contract (conversion). Defects in partial deliveries do not entitle to full cancellation of the order or other issued but not yet delivered orders.
6.5 As far as below (Section 6.6 and 6.7) states otherwise, further claims for lack liability and damages claims are excluded for any reason. We are therefore not liable for damages that are not on the item itself, nor for lost profits or other financial damages to the purchaser.
6.6 The above limitation of liability does not apply if the injury is caused by intent or gross negligence. It also does not apply if the buyer claims the absence of a guaranteed property under § § 463, 480 / 2 German Civil Code (BGB).
6.7 Unless WRAASE injured culpably a major duty or a "cardinal duty", the liability is limited to contract damages, any further liability is excluded in accordance with Paragraph 6.5 above.
6.8 The warranty is 24 months, after the transfer of risk. This period is a statute of limitations and applies to claims for compensation for consequential damages, if no claims from forbidden actions are made.
7. Other damage claims
7.1 In addition WRAASE may be hold liable from any legal basis, also from the fault in contract negotiation, positive injury and tort only in case of gross negligence. Unaffected from this remains liability for promised features, the right of rescission and compensation of damages for non-performance in the case of impossibility and of delay and the liability for simple negligence for the violation of fundamental contractual obligations and liability under the Product Liability Act. In the case of simple negligence WRAASE will not be liable for indirect, unpredictable and atypical damage and not for such damage on which the purchaser normally has a Material Damage Insurance.
7.2 Any claims designated in 7.1 fall under the statute of limitations in six months, with the exception of claims from tort.
7.3 As far as our liability is excluded or limited, this also applies to the personal liability of our employees, representatives and agents.
7.4 As the case that a customer carries out the export of our goods to areas outside the Federal Republic of Germany, we assume no liability if through our products third-party rights are being violated.
8. Final provisions
8.1 Place of performance is Altenholz, Germany.
8.2 For commercial shops on both sides is the jurisdiction Eckernförde.
8.3 All actions and contracts will be under the law of the Federal Republic of Germany. The validity of the UN purchasing law will be excluded.
8.4 If any provision or part of a provision be or become invalid, the remaining provisions and the remaining part of the provision will remain effective.
Status: January 2004