Information & General Terms & Conditions for Resellers and Business Customers
You are interested to distribute our glow in the dark products? We welcome ship chandlers, boat suppliers, sailmakers, sail shops, shipyards, charter companies, manufacturers and wholesalers.
Please get registered in our shop and tell us about your interest. Send us an email or a fax with an attachment of a copy of your business license and your valid European VAT ID. After a short checking procedure we will set up your account for resellers and business customers.
Please find below our General Terms and Conditions for resellers and commercial customers:
General Terms and Conditions for Resellers and Commercial Customers.
The General Terms and Conditions are exclusively valid, as long as the parties involved have not changed them in form of an explicitly written agreement.
The quote, acceptation of quote, order confirmation, or the sale of any products are subject to our General Terms and Conditions for resellers and commercial customers.
Any conditions or changes of agreement of the buyer will be objected; they are effective for the seller only, if the seller agrees in writing.
These General Terms and Conditions are effective for business customers and traders only (Buyer).
§ 1 Order and Quotes
Orders from the buyer via internet, e-mail or in writing presented to the supplier are effective only when the supplier accepts them within 10 business days after presenting the order. The acceptance can occur in writing, with e-mail, via phone or shipment of the merchandise. In relation with the exactness of the order the buyer has the responsibility to provide to the supplier within acceptable time all relevant information in relation with the ordered merchandise to fulfill the order as stipulated in the contract.
§2 Purchase Price
The purchase price is the nominal price provided by the supplier, or where it was not explicitly said it will be the price in the actual pricelist, valid at time of order.
All prices are “ex works” or “ex stock”, as long as they are not explicitly differently stated in the quote or pricelist or an agreement between supplier and buyer exists.
If the supplier agrees to deliver to other destinations, the supplier has to bear the cost for shipping, packaging and insurance. All prices are exclusive VAT, which the buyer has to pay to the supplier in addition. For sales abroad, if the supplier provides a valid European VAT ID, the purchase price is net price. In case of delivery abroad any occurring customs duty or fees are paid by the buyer.
§3 Terms of Payment
The buyer has to pay the invoiced price within 30 days after date of invoice. Payments accepted only with bank transfer. Any cost associated with the bank transfer the buyer has to bear.
If the buyer fails to comply with the duty of payment, the supplier has the choice– without waiving any rights and claims
- cancel the contract or interrupt additional deliveries to the buyer
or:
- charge interest of the outstanding amount to the buyer with an interest rate of 7% above the base interest rate of the European Central Bank.
The buyer has the right to provide evidence that because of the delay in paying the depth no loss or a minor loss has occurred.
§4 Delivery of Merchandise
After receive of payment the delivery of merchandise follows. The shipping method is choice of the supplier to the destination both parties agreed to.
If the supplier fails to deliver in due time, the buyer has to state in writing a period of grace, after elapse of the period the contract can be cancelled by the buyer. Indemnification because of failure to fulfill can be claimed only if the delay of delivery is based on premeditation or gross negligence or the supplier caused breach of an essential contractual obligation.
§ 5 Passing of the Risk
The risk of damage or loss of the merchandise will be passed on, if the merchandise will be not delivered to the premises of the buyer, to the buyer with handing over the shipment to the shipping company ($447 Abs. 1 BGB, German Law) or when buyer is in default of acceptance at that point in time when the supplier offers delivery.
§ 6 Defects Liability
The buyer has to inspect the merchandising as defined by §§ 377 and 378 BGB (German Law) to claim reproval. The supplier assures that the delivered goods are free of defects and processing faults. The supplier is not responsible, that the merchandise is suited for a specific purpose, unless the supplier explicitly agreed to the liability.
The defects liability deed is 6 month after counted from passing of risk.
If there is a defect for which the supplier is liable and was noted to the supplier, the supplier is authorized to the removal of defects or a substitute delivery. If supplier does not agree to it or is unable of a removal of defects or a substitute delivery the buyer is entitled to reduce the purchase price or to perform redhibitory action of the purchase contract.
§ 7 Choice of Law, Court of Jurisdiction
This agreement is subject to German law. Both parties agree explicitly to the court of jurisdiction at the place of business of supplier. Supplier has the right to take action also at court of jurisdiction of the Buyer or any other court competent in compliance with national or international law.
München 15. April 2011
