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.
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.
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
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.