Legal Terms & Conditions of Sale

1. General

The terms and conditions below are valid for any order and all future orders placed by the buyer. The purchasing conditions of the buyer are generally not valid unless negotiated. Deviations and supplements to our terms and conditions fundamentally require to be in writing.

2. Delivery

Delivery terms are always non-binding, to the extent that an agreement has not been made in writing stating otherwise. If, for special circumstances, such as acts of God, strikes , the lack of raw material, suppliers, etc. we are not able to carry out delivery, the delivery time shall be extended accordingly. If delivery or services become impossible, or no longer reasonable due to circumstances of the type mentioned above, we are released from our obligation to carry out delivery; the buyer does not have the right to claim damages. The risk of loss or damage to the ordered goods is transferred to the buyer with the shipment of the goods at the latest, even when partial deliveries are carried out. We are obliged to act according to export-regulations and will not act against those.

3. Prices and payments

Our offers are non-binding.  Our prices are valid fob our warehouse (named place) plus packing charges, plus turnover tax and/or value added tax (VAT) in the respective legal amount. The buyer does not have the right to off-set, unless we have acknowledged his counterclaim in writing, or this claim is stipulated as being legally valid. 

4. Guarantee

After collection or delivery, the buyer has to inspect our goods immediately for correctness, completeness and intactness. Obvious defects are to be announced in writing within 48 hrs after collection and/or delivery at the latest, while hidden defects are to be notified immediately after detection. Transport damage must be determined and confirmed in writing in the presence of the deliverer. If there are defects apart, we shall deliver replacements for any defective parts. Other guarantee claims on the part of the buyer are excluded.

5. Reservation of ownership

Goods delivered by us, also with previous deliveries, remain our property until full payment has been carried out. With orders placed by retailers, their claims on the buyers in the amount of the payment owed to us are to be regarded as assigned to us in advance, also with the resale together with objects not delivered by us. If reserved goods delivered by us are processed, combined, blended or mixed with outside objects, we are entitled to the co-ownership of the new or mixed object proportionately at the point in time of the processing, blending, combining or mixing. If the buyer obtains sole ownership of the new object by law, he already grants us co-ownership of the new object without payment. The buyer is obliged to store the delivered reserved goods and any new objects resulting from these in a proper manner as well as to insure them against fire and theft and to provide proof to us of the conclusion of this insurance upon request.

6. Application information

The buyer is obliged to inform himself about the quality and type of the ordered objects or the ordered material, and to take all measures that are necessary for handling, transport, usage, etc. in order not to endanger life, health, environment and work protection. To the extent that we believe it to be necessary, certain materials or other deliveries shall be sent in special packing or as dangerous substances at the expense of the buyer. In case of urgently arranged deliveries, we are entitled to charge a certain lump sum and to chose the mean of transportation/procedure.

7. Place of jurisdiction and place of performance

The place of performance for all obligations between us and the buyer is the headquarters of our company. The place of jurisdiction for all disputes arising between the buyer and us is Los Angeles, CA, USA.

8. Applicable law

The law of the United States of America shall apply to the contract.

 

 

 

 
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