1. With placing a commission the ordering party accepts our current terms of delivery
and payment. Differing agreements are valid only in case of written approval
by us. The purchasing party inherently accepts that eventual selfhood purchasing
conditions become invalid even in case that a relating remark is given in the purchase
order.
2. In spite of any agreement on take-over of freight charges delivery is to be effected
on purchasers venture. With leaving our warehouse full risk is taken by purchaser.
3. Shipment is to be effected carriage paid (C/P) at seller’s option with parcel service
or trucking at an order value of net €400,- (EU foreign countries €750,-) packing
included . Below €400,- (EU foreign countries €750,-) a rate of €18,50 (EU foreign
countries €30,-) is to be bourne. A flat rate of € 12.50 per consignment is charged for deliveries with a prior notification, and scheduled deliveries are charged at a flat rate of € 15.00. For orders at a value of below €50,- a minimum
quantity surcharge of €10,- is to be charged. A receipt of return deliveries freight
unpaid is rejected in any case. Hidden damages or losses in transit are to be indicated
within 3 days on receipt of goods, otherwise shipment is to be considered
being faultless and complete. Obvious damages or losses are to be indicated on
bill of receipt of forwarder, otherwise any enforcement of claim is rejected. We
reserve the right to quote subject to prior sale at any time unless not approved
in written.
4. Delivery delays or limitations traceably caused by war (mobilization), riot, strike
call, lockout or other unpredictable events beyond seller’s control do not justify to
withdraw orders. In such case the delivery period is to be extended in accordance.
5. Our prices are due net cash. Without special agreement our invoices are due for
payment within 30days on invoice date net cash. In case of delay in payment
current market interest rates are to be charged. Cheques and/or bills of exchange
are accepted only as instead of compliance.
6. Goods sold remain full property of seller until full balance of any open active
debts of purchaser. Resale is permitted only in case of cash payment or reservation
of proprietary rights of purchaser. Any claims out of resale to third parties
including account balances are to be conceded to seller until full balance of open
debts. As soon as goods become merger by mixing, work-out or connection property
of created goods remains ours. Purchaser concedes full rights on new goods
incl. VAT to seller. Purchaser is obliged to store goods at no charge.
7. Complaints on supplied goods are to be indicated in written within six months on
delivery. They are to be announced immediately on discovery. In case that objected
goods are returned to us freight paid, these are subject to prompt test and, in
case that they were found validly queried, promptly repaired or exchanged on our
choice as well as returned on our charge. If an exchange or repair is impossible
and related credit should be rejected, the purchaser may demand change or decrease.
Further claims are excluded as long as there is no mandatory obligation
caused by intent, gross negligence or lacking attributes. For products reworked or
modified without our explicit approval any guarantee obligation is cancelled. In
case of request of exchange in advance the claiming party has to request a guarantee
form and to return completed. Any approval on the delivery of advance exchange
is on our choice only. Before sending advance exchange goods these have
to be obligatorily purchased, the related invoice is due for payment in indicated
payment period. A credit on queried return goods is to be effected only in case
that the complaint was found legitimate and in terms of type and condition the
returned goods were found appropriate to advance exchange goods. Returned
goods found less valuable due to condition are to be credited accordantly reduced
in amount up to a full rejection of credit. Amount and maturity of the invoice
on advance exchange goods remains fully untouched, any compensation is not
admissable.
8. Samples for business requestors are available on request with a discount of 25%
on the current list price. Required is always an obligatory purchase order with
which the purchaser takes over full commercial commitment on return of the
sample products within concerted period, the balance of debt in case of acquisition
of sample products or the balance of debts related to reduction of value of
returned sample products. The maximum period for a return of sample products,
even in case that a possibility of return had been approved, is 60 days starting
with shipment effected. Returned goods found less valuable due to condition
are to be credited accordantly reduced in amount up to a full rejection of credit.
Amount and maturity of the invoice on sample products remains fully untouched,
any compensation is not admissable.
9. Return of goods is only possible on our approval. We preserve our right to charge
cost for restoring and repacking up to 50% of good’s value. Customized products
or products manufactured on request are inherently excluded from return
of goods.
10. The companies mentioned below reserve their free right to decide which
party may be responsible for execution of a related business. If Akzentlicht
ProjektentwicklungsGmbH should be chosen being contract partner a related remark
is given.
11. In case of b2b-business the court of jurisdiction is base of our companies Düsseldorf.

Akzentlicht InnovationsGmbH & Co. KG

Januar 2018