Conditions

1. Basis of the contract:

1.1 We only deliver to commercial resellers, traders and wholesalers.
The purchasing authorization must be demonstrated to us using suitable documents.

1.2 The basis for every order from and to us are our general terms and conditions. Our contractual partner confirms knowledge and consent.

1.3 We are not obliged to comply with any provisions of our contractual partner that contradict our general terms and conditions. Other changing or contradictory provisions of a contractual nature are only binding for us upon our written confirmation.

2. Order placement:

2.1 If a written contract is not concluded, the order is deemed to have been placed by and to us if we confirm it in writing by sending our general terms and conditions. Offers from and to our customers do not bind us without a written contract or our written order confirmation with our general terms and conditions.

2.2 Written and oral information, descriptions, cost estimates, etc. regarding the subject matter of the order are non-binding unless we specify them in writing when concluding the contract or confirming the order.

2.3 Additions or changes to the order also require the written form of the contract or our written confirmation.

 

3. Retention of title:

3.1 The delivered goods remain our property until all claims arising from our business relationship have been paid in full, including all additional claims and until bills of exchange and checks have been redeemed.

3.2 If a balance is drawn, our reserved ownership, which is stipulated in accordance with the above provision, applies as security for our claim from the balance.

3.3 Pledging or assigning the reserved goods as security is not permitted.

3.4 If the reserved goods are seized or confiscated from the buyer, we must be informed immediately in writing, without providing the documents required for an intervention (original of the seizure report, etc.). Furthermore, the buyer is obliged in every case of seizure or seizure, with reference to to immediately object to our rights as a supplier. Failure to do so will make the buyer liable to us for damages.

3.5 The buyer is obliged to adequately insure the reserved goods against any loss or damage at his own expense for our benefit. It is agreed that all resulting insurance claims regarding the reserved goods have already been assigned to us. We accept this assignment.

3.6 The buyer hereby irrevocably assigns to us as security any claims arising against third parties in the event of a resale or for any other legal reason, as well as his right to return based on reserved ownership. We accept this assignment.

3.7 Our retention of title also extends to new items created through processing or combining that are considered to have been manufactured for us and to which we own or co-own with the processing or combining according to the proportion of the value of the reserved goods at the time of Processing can be achieved without any special legal action being required and without any obligations arising on our part.

3.8 The buyer assigns to us in advance his ownership or co-ownership rights in the newly created items, as well as the contractual claims against his client arising from the processing of the delivered goods in accordance with the proportion of the value of the processed goods. We accept this assignment.

3.9 The buyer is authorized to collect the claims arising or arising for us under this provision in trust for us as long as he properly meets his payment obligations to us.

3.10 We undertake to release the securities to which we are entitled in accordance with the above provisions, at our discretion, to the extent that their value exceeds the claims to be secured by 25%, but with the proviso that, with the exception of deliveries in real current account transactions, in individual cases release only for such deliveries must be made that have been paid for in full.

4. Delivery

4.1 The goods travel on the way to the buyer and, even in the event of a return that is not due to a legitimate complaint, at the expense and risk of the buyer, who in the case of return must choose the same form of shipment as when sent was elected and who must ensure adequate insurance. This also applies when the goods are sent to a recipient specified by the buyer and when deliveries are made free of charge.

4.2 We will adhere to a delivery time in accordance with the written contract or our written order confirmation. The buyer can withdraw from the contract if we are in default and then allow a grace period of six weeks to expire unused. We exclude claims for damages due to delay.

4.3 In the event of force majeure, operational disruptions for which we are not responsible, strikes, lockouts and delays in the delivery of materials, regardless of whether we or our suppliers, the storage period is extended by the duration of the prevention and an appropriate start-up time. We are also entitled to withdraw from the contract in whole or in part.

4.4 We are entitled to make partial deliveries, whereby each partial delivery is legally considered an independent contract.

5. Selection broadcasts:

5.1 If selection shipments are sent, then all of the goods sent are deemed to be accepted for sale (firmly) by the recipient if we do not receive the goods back within the period specified in the attached selection note, which must be at least two weeks.

5.2 We provide insurance cover as long as this selection period runs, then all risk, including that of loss through no fault of one's fault, passes to the recipient.

5.3 Our delivery and payment conditions also apply exclusively to selected shipments.

5.4 If selection shipments are used by the customer as exhibition goods or taken into travel storage, then the customer bears all risk, including the risk of loss through no fault of his own. Regardless of this, the customer is obliged to ensure full insurance coverage for these goods and hereby irrevocably assigns his claims against the insurance to us in advance:
We hereby accept this assignment.

6. Defect notices:

6.1 Notices of defects must be made to us in writing by the buyer immediately upon receipt of the goods, or at the latest within one week of receipt of the goods at the destination.

6.2 If complaints of defects are acknowledged by us, the buyer can only demand repair or replacement delivery. If repairs or replacement delivery fail, the buyer is entitled to legal rights.

6.3 Transport damage must always be reported to the carrier immediately.

6.4 We generally only sell glassware and fragile goods from stock or at the buyer's risk. We assume no liability for transport damage caused by pallet shipping or parcel shipping.

 

7. Terms and conditions of payment:

7.1 Our prices are calculated in EUR and must be paid in this currency. They are due upon invoicing.

7.2 Payments to us must be made without a discount or other deduction. Otherwise, the written contract or our written order confirmation applies to payment.

7.3 Every payment is at the expense and risk of the buyer.

7.4 The prices we quote only apply to the individual order; repeat orders are considered new orders.

7.5 If wage, material or other cost increases occur before the order is executed, we reserve the right to adjust the prices accordingly.

7.6 If the payment deadline is exceeded, the buyer is obliged to pay interest on the purchase price at the usual bank debit interest rates. The same applies in the event of delayed acceptance.

7.7 All costs caused by late payment, such as reminder fees, collection fees and the like, are borne by the buyer.

7.8 Bills of exchange will only be accepted based on an express agreement and only after charging discount fees and other bill of exchange costs.

7.9 In the event of late payment, we are entitled, at our discretion, to withdraw from the contract or to claim compensation.

8. Goods return:

8.1 We will only take back goods with our prior written confirmation. There is no obligation on our part to take back goods unless we have recognized defects.

8.2 If we take back the goods, the goods will be credited according to their condition, which must be determined at the buyer's request by an expert appointed by us.

9. Copyright protection:

9.1 Our designs, images, samples, models and the like are considered our intellectual property and may not be imitated or used in any other way by the buyer, even if there are no special intellectual property rights for this.
Any violation makes the buyer liable for damages.

9.2 If the goods are manufactured according to the buyer's instructions and third-party property rights are violated as a result, the buyer releases us from all claims arising from this violation.

10. Applicable Law:
By placing the order, the buyer acknowledges the validity of German law for the order placed and its processing.

11. Partial invalidity:
The legal consequences of §139 BGB are excluded both with regard to terms and conditions and for any special contractual agreements between us and the buyer.

12. Place of performance and jurisdiction:

12.1 The place of fulfillment for both parts of the contract is exclusively Fulda.

12.2 The exclusive place of jurisdiction for all legal disputes arising from a business relationship, including those relating to bills of exchange and checks, is Fulda.

12.3 The place of jurisdiction for the dunning procedure is always Fulda.

12.4 The contract language is German.

 

12. Factoring / assignment of the claim:

PM Euro-Trading GmbH is entitled to refinance claims against customers located in Germany and EU countries to abcfinance GmbH, Kamekestr. 2-8, 50672 Cologne, to be assigned. When the contract is concluded, the buyer will be informed whether the claim will be assigned. In these cases, payments with a debt-discharging effect can only be made to abcfinance GmbH. Their bank details will be communicated to the buyer when the contract is concluded.

Registered at the Fulda District Court HRB 1323