General Terms and Conditions
Last Update: 01.12.2005
1. Scope of Application
Our general terms and conditions (GTC) apply exclusively for all contractual relationships and business relations between the purchaser and CombinO® GmbH.
Deviating terms and conditions of the purchaser, which are not expressly acknowledged by us in writing, are not applicable.
Our GTC also apply when we execute an order with the knowledge of deviating GTC of the prchaser. Our GTC also apply for all future business dealings with the purchaser.
2. Offers and Price
The offers of our latest catalogues apply. We reserve the right to inform you of errors in descriptions, measurements, delivery dates and prices. Ordering needs to be made in writing.
All prices are without VAT.
3. Payment
Payment is to be made after receiving the invoice without deduction.
We have the right to execute first orders against total prepayment. We are able to charge adequate advanced payments with acceptance and execution of an order, especially if the purchaser is in arrears with obligations/payments from consisting or previous contractual relationships.
Shipping of a trial copy is made for a week at the most and with invoice. The invoice is cancelled after collection of the faultless product. The collection of the product happens at our instigation and costs.
If the purchaser rescinds an order that is already being executed, all service performed till then will be charged to 100 %.
The purchaser shall be only entitled to a set-off with undisputed or non-appealable claims.
4. Delivery dates and shipping
Delivery dates of our latest catalogues apply. Compliance with our delivery obligation is conditional upon the in-time, due and proper fulfilment of the purchaser's obligations. Delivery periods, especially in the domain of graphic services, starts only when the purchaser has provided all necessary documents and has enabled us to print layout proposals or test prints, delivered by us.
In exceptional cases and on request we can shorten production times at a surcharge as follows:
- Urgency surcharge: 20 % for shorter production period
- Express surcharge: 50% for production within 48 hours.
Our products are packed and prepared for transport enviroment-friendly and handed to a shipper chosen by us, if not otherwise agreed.
The risk will pass to the purchaser as soon as the consignment has been handed over to the person carrying out the transportation or has left our store for despatch. The goods are generally insured against damages in transit at the expense of the purchaser.We charge insurance, transport and packaging depending on a time and material basis within Europe.
5. Reservation of property rights
We reserve the right of ownership for all products delivered by us till full payment by the purchaser of all claims from the business connection existing at the date of delivery.
6. Notice of defects, warranty
We must be informed in writing immediately when defects are detected, but no later than a week after the goods are received. The purchaser is oblidged to keep the faulty items ready for us or send it back at our cost after consultation.
Insofar as we have to answer for a defect of the subject of purchase, we shall be entitled to correct the fault or replace the relevant product at our option. If we are not willing or not able to do so, the purchaser has the right to withdraw from the contract or claim an adequate reduction of the price.
Warranty claims are excluded if the purchaser uses the goods at events after discovering a defect without notifying us in writing before.
This applies also to subsequent improvement the purchaser performs resp. lets perform without without our permission. T here is no warranty for special models according to the purchasers demands as well as for graphic services with file templates from the purchaser that might contain defects and are left in their original state by us.
We are not liable for damages which do not affect the item itself, especially pecuniary loss, personal injuries, or missed profit on the part of the purchaser.
Aforementioned exoneration from liability does not apply if the cause of damage stems from wrongful intent or gross negligence.
Only the customer is entitled to warranty claims; such claims are not transferable.
7. Final provisions
Should any of the provisions of these conditions or of other terms agreed on be or become void, the validity of the remaining parts of these conditions shall not be affected. In this case, the contracting parties are required to replace these with an understanding such as will come closest to the clauses which have become invalid.
8. Place of performance, jurisdiction
Kirchheim-Teck is exclusive place of jurisdiction as soon as the client is a registered trader. We are entitled at our option to bring suit against the client at the court in his area of residence.
The laws of the Federal Republic of Germany apply.