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Our current terms of payment and delivery apply exclusively to all deliveries and
services. Individual Buyer specific terms shall require our written consent. As
soon as an order is placed, our “General Terms and Conditions” below shall be
deemed accepted.
§ 1 Prices
(1) All prices specified in this catalogue are calculated without statutory VAT and
are non-binding. This price list voids all pervious price lists.
(2) Deliveries will be made ex warehouse Güster. The packaging costs are included
in the specified prices unless the Buyer requests special packaging.
§ 2 Terms of payment and discounts
(1) We grant the following discounts:
• SEPA company direct debiting within 10 days 4% discount
• SEPA direct debiting within 10 days 2% discount
• Cash on delivery 2% discount
• Receipt of payment within 10 days from invoice date 2% discount
• Receipt of payment between 11 to 30 days
from invoice date net
(2) In case of non-payment, all outstanding amounts shall become payable with
immediate effect. This shall not apply if non-payment is not attributable to the
Buyer. We will exercise our statutory right to claim interest and compensation for
debt recovery costs under the late payment legislation if we are not paid according
to agreed credit terms.
(3) All foreign payments have to make free of expense for us. We reserve the right
to handle order processing based on cash on delivery or cash before delivery.
(4) The Buyer may only offset such claims which have been agreed in writing or
legally binding.
(5) From a net order value of
• EUR 300.00, we will grant a 3% discount
• EUR 600.00, we will grant a 5% discount.
§ 3 Delivery
(1) The goods will be packaged as is customary in the trade. The Seller shall be
entitled to make partial deliveries if
a) The partial delivery is utilisable for the Buyer in the scope of the contractual,
intended purpose,
b) The delivery of the remaining ordered goods is ensured, and
c) The Buyer incurs no considerable extras work or additional costs as a result
of that unless the Seller agrees to bear these expenses.
Partial deliveries made and invoiced by the Seller must be settled in the scope of
the terms of payment.
(2) Unless guaranteed in writing, proposed delivery dates by the Seller are for
guidance only. The Seller’s obligation to deliver shall apply subject to his receiving
of stock from his own suppliers in a timely and correct fashion. The Seller has
the right to cancel the agreement if late delivery, non-delivery or faulty delivery
through his supplier is due to no fault of his own. Costs arising due to obstacles
to delivery created by the Buyer,at the time of delivery and in the future, will be
charged to the Buyer.
(3) The Buyer shall only have the right to cancel the agreement for non-compliance
with the terms of delivery if he/she has allowed a reasonable period of
grace for the delivery, of at least two weeks, for the Seller in writing unless a fixed
delivery date was expressly agreed, or, if the Buyer shows proof of the fact that
he/she is no longer interested in the delivery due to the delay.
(4) Delivery always takes place at the risk and cost of the Buyer, unless otherwise
agreed. As a matter of principle, transfer of risk to the Buyer shall occur upon
handing over of the goods to the freight forwarder (mail, railway, carrier, parcel
service, etc.).
(5) The consignment will only be insured by the Seller against theft, breakage
and damage in transit or other insurable risks at the Buyer’s express request and
at his/her expense.
(6) If print images, letterings, logos and the like are made available to the Seller by
the Buyer in connection with an order placed for the purpose of processing, the
Buyer alone shall be responsible for ensuring that the use of such marks and/or
the artwork in the scope of the order does not violate any third-party rights. The
Buyer shall obtain necessary permits and/or licences from third parties and show
proof of that vis-à-vis the Seller upon request. In these cases, the Buyer shall be
obliged to indemnify the Seller for all third-party claims and/or to keep him/her
indemnified upon first demand.
§ 4 Liability for defects
(1) The information about weight, dimensions, volume, capacity, colour, etc.
provides are for guidance only, unless expressly warranted or if their usability for
the contractually intended purpose requires exact conformity. The term of liability
for defects shall be one year from delivery, two years for consumers.
(2) The supplied items have to be examined carefully and immediately upon
delivery to the Buyer or the third party appointed by him/her. They shall be deemed
accepted unless the Seller receives written notice of obvious defects in
the written form regarding obvious defects or non-obvious defects which were
discernible after immediate, careful examination within eight working days after
delivery of the supplied item or otherwise in any case within eight working days
after discovery of the defect.
(3) At the Seller’s request and only upon previous agreement, the faulty item shall
be returned to the Seller at the cost of the Buyer. In case of a justified notice of defects,
the Seller shall reimburse the cost of the most favourable shipping method;
Return freight costs will be calculated based on the original place of delivery.
(4) In the case of a justified claim within the agreed time limits, the Seller will
choose, either to deliver a replacement or to correct the defects. An adequate
period of time to carry out these measures must be allowed. Should the replacement
or correction be similarly defect, the Buyer has the right to negotiate a
reduction in price or to cancel the order, in regard to the item in question.
§ 5 Damages
(1) The Seller shall only be liable in case of wilful or gross negligence on the part
of his bodies, legal representatives and agents and in the case of a violation of
contractual obligations.
(2) In case of a minor breach of contractual obligations, liability shall be limited to
the foreseeable damage typical for the contract.
(3) The disclaimer of liability and the limitation of liability shall not apply in case of
personal injury (damage of life, body, health) and damage to privately used items
according to the product liability act or insofar as liability is obligatorily required
by law.
(4) Claims for damages between companies shall fall under the statute of limitations
one year after the statutory beginning of the period of limitation at the latest,
unless they due to wilfully or gross negligence.
§ 6 Retention of title
(1) Delivered goods remain the property of the Seller until full payment of all outstanding
debts is fulfilled, including those arising out of future transactions, even
if payment on certain named goods has taken place.
(2) The Buyer shall have the right to resell goods subject to reservation of proprietary
rights (goods subject to retention of title) in the scope of normal business
operations. Pledging and assignment as security shall not be admissible. In case
of a resale of the goods subject to retention of title, the Buyer assigns the resulting
claim with ancillary rights against the acquirer to the Seller as security even
now. The same shall apply to other claims that substitute the goods subject to
retention of title or that come into being otherwise regarding the goods subject
to retention of title, like for example insurance claims or claims based on unlawful
acts in case of loss or destruction.
(3) The machining and processing of the goods subject to retention of title shall
be done for the Seller as manufacturer in the sense of § 950, BGB [German Civil
Code], without any duties arising from that for the Seller. If the goods subject to
retention of title are processed, combined or mixed with other objects that do
not belong to the Seller, the Seller shall acquire joint property of the new item
in the ratio of the invoice value of the goods subject to retention of title and the
invoice value of the other goods. If the Seller’s property ceases to exist as a result
of combining, mixing or processing, the Buyer assigns the property and/or
expectant rights for the new object or the new item he is entitled to according to
the ratio of the invoice value of the goods subject to retention of title to the Seller
immediately, and shall store it for the Seller free of charge. The property rights
resulting from that shall be deemed goods subject to retention of title in the sense
of this paragraph.
(4) The Seller revocable authorises the Buyer to collect the debts assigned to the
Seller in his/her own name for the account of the Seller. The Seller may revoke this
direct debit mandate at any time. As soon as it is revoked, the Buyer shall give the
Seller the names and addresses of his/her customers.
(5) At the Buyer’s request, the Seller shall return the goods subject to retention of
title and the items or claims that substitute them at his discretion insofar as their
value exceeds the amount of the secured claims by more than 50%.
§ 7 Applicable law, place of jurisdiction
(1) German law shall apply, to the exclusion of the UN Convention on Contracts
for the International Sale of Goods.
(2) The place of jurisdiction for any and all disputes arising from the business
relationship between the Seller and the Buyer shall be 23909 Ratzeburg insofar
as this is permitted by law. The Seller has the right to file a suit at the Buyer’s place
of jurisdiction.
(3) Should one of the provisions of the agreement or the general terms of payment
and delivery be void, the validity of the remaining provisions shall remain
unaffected thereof. Instead of the void provision and in case of any loopholes
in the agreement or in these general terms of payment of delivery, the legally
effective provision shall be agreed on which the contracting parties would have
determined on the basis of the financial goals of this agreement and the purpose
of these terms of payment and delivery if they had been aware of the loophole in
the agreement.
We point out that retailers are obliged to hand over the CE notes that are
loosely supplied with some items to the final consumer together with
the goods!
Terms of Payment and Delivery
Gollnest & Kiesel GmbH & Co. KG · Roseburger Straße 30 · D-21514 Güster
Phone +49 (0)41 58 - 88 22-0 · Fax +49 (0)41 58 - 88 22-22
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