Conditions
General terms and conditions of ATAK Garn- und Textilhandel GmbH
Terms of payment and delivery
1. Place of performance
Place of performance for all services from the delivery contract is the place of the sales office of the seller.
2. Jurisdiction
Jurisdiction (also for bill of exchange and check complaints) is the place of the commercial establishment of the plaintiff or the seat of its competent specialized and Kartellorganisation. The court first seised is competent.
3. Contract unit
All sales are only completed on specific delivery dates, quantities, items, qualities and fixed prices. This is what binds both parties.
4. Subsequent delivery period
If the buyer wants to claim compensation for late delivery due to non-performance or withdraw from the contract, he must set the seller a subsequent delivery period of 4 weeks, with the threat that he will refuse performance after the deadline. The subsequent delivery period is counted from the day on which the buyer's notification by registered letter or telex. These provisions also apply in the event that the buyer requires fulfillment of the contract in accordance with paragraph 1 sentence 2. Before expiry of the subsequent delivery period claims of the buyer due to late delivery are excluded.
5. Self-supply / force majeure / official intervention
The contract is subject to self-delivery. For reasons of force majeure and / or other unforeseeable, exceptional and unrelated circumstances - eg material procurement difficulties, breakdowns, strike, lockout, lack of means of transport, official intervention, energy supply difficulties, etc. - the seller and / or his subcontractor the timely fulfillment of his obligation, the delivery term is extended to a reasonable extent, but at least for 2 months. If the delivery or service becomes impossible or unreasonable as a result of these circumstances, the seller is released from the delivery obligation. If the delivery delay lasts longer than 2 months, the buyer is entitled to withdraw from the contract. If the delivery time is extended or if the seller is released from the delivery obligation, the buyer can not derive any compensation and compensation claims.
The agreed price is based on the export tax, freight and insurance rates applicable at the time the contract was concluded. Surcharge and risk of war, customs duties and charges of any kind, minimum price regulations, etc. The seller is entitled, as far as at the time of delivery changes in the price-based factors occur, this on to the buyer weiterzubelasten. The buyer, however, is entitled to withdraw from the contract if the selling price increases by more than 5%. If the buyer exercises his right of withdrawal, he is not entitled to any compensation or compensation claims against the seller. The buyer is obliged vis-à-vis the seller to state on request whether he wishes to exercise his right of withdrawal.
6. Complaint
Recognizable defects must be reported within 7 days after receipt of the goods and unrecognizable defects at the latest within 30 days after receipt of the goods.
Customary or minor, technically unavoidable deviations in quality, color, width, weight, equipment or design may not be objected to.
7. Payment
Unless otherwise agreed, invoices are payable as follows from the day of issue
within 10 days ./. 4% discount
11th-30th Day ./. 2% discount
31-60th Day - net
Checks and bills of exchange are accepted only on account of performance. The buyer has to pay all check and bill costs. Bills of exchange of the buyer are considered to have been made only when the bill has been cashed by the buyer.
8. Late payment
For payment after the due date default interest of 3% will be charged via Bundesbank discount. Before full payment of due invoice amounts, including default interest, the seller is not obliged to any further delivery from any current contract.
If the buyer is in arrears with a due payment or if there is a significant deterioration in his financial circumstances, the seller may demand payment in cash for any pending deliveries from any current contract, before the end of the payment.
9. Payment method
Payment must be made in cash, check, bank, giro or postal check.
The offsetting of contested counterclaims and the withholding of due invoice amounts are inadmissible; this does not apply in case of suspension of payments by the seller. Other deductions (eg postage) are not allowed. Bills of exchange, as far as they are taken in payment, are accepted only against reimbursement of bank, discount and collection charges. Changes and acceptances with a term of more than 3 months will not be accepted.
10. Retention of title
The delivered goods remain our property until complete payment of all our claims arising from the business relationship with the buyer. The reserved goods are processed or processed on behalf of the seller, free of charge and without obligation for the seller, so that the seller as the manufacturer likes to. § 950 BGB is to be regarded, thus in each time and degree of the processing on the products property retains. at
Processing with other, not belonging to the seller goods by the buyer, the seller is the co-ownership of the new thing, in proportion of the invoice value of the reserved goods to the other processed goods such. Z. of processing. The same applies to the new object resulting from the processing as with the reserved goods. It is considered a conditional commodity in the sense of these conditions. The claims of the buyer from a resale of the reserved goods are already assigned to the seller for securing all claims of the seller from the business relationship, regardless of whether the reserved goods without or after processing, whether they are sold to one or more buyers. The buyer is only entitled to resell the reserved goods if the claim from the resale passes to the seller. At the request of the seller, the buyer is obliged to notify the assignment to the third-party purchaser for payment to the seller and to inform the seller of all necessary facts for the collection of the assigned claim. If the value of the securities existing for the seller exceeds its claims by more than 20% in total, the seller is obliged to release securities of the seller's choice at the request of the buyer or a third party affected by the over-security of the seller.
11. Effective clause
Should some clauses of these terms of payment and delivery be invalid,
this does not affect the validity of the remaining clauses. It
German law applies.
