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General Terms and Conditions for Sales

Transactions with merchants are subject to the following conditions‭. ‬In the case of transactions with non-merchants‭, ‬these Terms‭ ‬and Conditions for Purchase must be handed over at the first transaction and receipt acknowledged‭. ‬They apply to all other transactions‭. ‬Special conditions‭, ‬changes or subsidiary agreements are only binding if we have expressly confirmed them in writing‭. ‬Conflicting terms and conditions of the business partner are deemed to be waived when the first delivery is accepted‭. ‬For arrangements made by our agents outside of these Purchase Conditions‭, ‬we assume no obligation and responsibility‭.‬


§‭ ‬1‭ ‬Offers

  1. Our offers are non-binding‭.‬


§‭ ‬2‭ ‬Orders

  1. Orders placed with us are released directly for production‭. ‬For this reason‭, ‬even if the delivery date has not yet passed‭, ‬orders may be cancelled only rarely and only after consultation‭. ‬For custom-made items‭, ‬we must insist on acceptance or‭, ‬if necessary‭, ‬on damages‭.‬


§‭ ‬3‭ ‬Prices

  1. The prices are always ex works‭, ‬excluding packaging‭. ‬Deviations are subject to special written agreement‭. ‬The prices are net prices‭, ‬to which the respectively valid value added tax is added‭, ‬unless‭ ‬‮„‬inclusive of value added tax“‭ ‬is expressly noted in our price list‭.‬
  2. Price and performance data‭, ‬as well as other declarations or assurances‭, ‬are only binding for us if they have been submitted in‭ ‬writing or confirmed‭. ‬The agreed prices are only valid for the respective completed order‭.‬
  3. The minimum order value is‭ ‬€500.00‭, ‬except spare parts‭ (‬€60.00‭).‬


§‭ ‬4‭ ‬Delivery times

  1. Are adhered to where possible‭. ‬All information on delivery times is approximate and not binding‭. ‬Force majeure‭, ‬as well as involuntary inability‭ - ‬on our part or that of our suppliers‭ - (‬e.g‭. ‬traffic and business disruption‭, ‬strike‭, ‬material shortage‭, ‬etc‭.‬‭) ‬entitle us to postpone the delivery or to withdraw from the contract in whole or in part‭, ‬without entitling the client to any‭ ‬claims thereby‭. ‬Partial deliveries are permitted‭.‬


§‭ ‬5‭ ‬Payments

  1. Our invoices are payable within 10‭ ‬days from the invoice date with 2%‭ ‬discount or within 30‭ ‬days net‭. ‬Payments are only to be made to the accounts listed on the front of the invoice‭. ‬If a due invoice amount is not paid despite a repeated reminder‭, ‬all other outstanding invoice amounts become due for payment and we reserve the right to demand immediate payment‭, ‬even if the agreed target date has not yet passed‭. ‬The acceptance of bills of exchange‭, ‬cheques‭, ‬instructions and the like is left to our discretion‭.‬‭ ‬Receipt takes place exclusively for the purpose of payment‭. ‬Discount and collection charges‭, ‬as well as interest‭, ‬are reimbursed immediately‭. ‬In principle‭, ‬we accept only central bank-eligible bills of exchange‭. ‬
  2. An offsetting or retention by the purchaser is excluded unless the claim for set-off or retention is undisputed or legally determined‭. ‬We are entitled to avert the exercise of the right of retention by providing security‭, ‬including by guarantee‭. ‬If the purchaser stops its payments‭, ‬if there is over-indebtedness or if settlement or insolvency proceedings are instituted‭, ‬or if the purchaser is in default of redemption of due bills of exchange or cheques‭, ‬our total claim becomes due immediately‭. ‬The same applies to any other significant deterioration in the economic circumstances of the purchaser‭. ‬In these cases‭, ‬we are entitled to demand sufficient security or to withdraw from the contract‭.‬


§‭ ‬6‭ ‬Shipping

  1. Delivery is in any case at the expense and risk of the client‭. ‬If we are not given special instructions‭, ‬we will use our best judgement to effect delivery to the designated address‭, ‬without assuming liability for the least expensive shipping‭. ‬We reserve the right not to make the shipment from the place of performance‭ (‬Clause 10‭) ‬but from another location of our choosing in the Federal Republic of Germany‭.‬


§‭ ‬7‭ ‬Retention of title

  1. The goods remain our property until fulfilment of all claims against the purchaser‭, ‬even if the individual goods have been paid‭ ‬for‭. ‬Pledging or assignment by way of security of the goods subject to retention of title is not permitted‭.‬
  2. In the event of the resale or rental of the goods subject to retention of title within the scope of proper business operations‭, ‬the purchaser hereby assigns to us‭, ‬as security‭, ‬the future claims against its customers resulting from the resale or the rental‭, ‬without this later requiring further special declarations‭; ‬the assignment also extends to balance claims that arise in the context of existing current account relationships or the termination of such circumstances of the purchaser with its customers‭. ‬If‭ ‬the goods subject to retention of title are resold or rented together with other items without a single price being agreed for the reserved goods‭, ‬the purchaser assigns to us‭, ‬with priority over the remaining claim‭, ‬that part of the total price claim or the total rental amount that corresponds to the value invoiced by us for the goods subject to retention of title‭. ‬Until revoked‭, ‬the purchaser is entitled to collect the assigned claims from the resale or rental‭; ‬however‭, ‬it is not entitled to dispose of them in any other way‭, ‬e.g‭. ‬by assignment‭. ‬At our request‭, ‬the purchaser must notify the customer of the assignment and provide us‭ ‬with the documents required to assert its rights against the customer‭, (‬e.g‭. ‬to hand over invoices and provide the necessary information‭. ‬All costs of confiscation and any interventions are borne by the purchaser‭. ‬If the purchaser receives a bill of exchange based on the authorisation given to it to collect the assigned claims from the resale‭, ‬the ownership of these papers with the‭ ‬legal right are transferred as security on request‭. ‬The handover of bills of exchange is replaced by the agreement that the purchaser takes custody of them for us and then delivers them to us immediately and endorsed‭. ‬In the event that the equivalent value of the claims assigned to the supplier in cheques should be received by the purchaser or by a bank of the purchaser‭, ‬the latter is obliged to report the receipts immediately and to deduct them‭. ‬The ownership of the cheques passes to us with the legal right as soon as the purchaser receives them‭. ‬The handing over of the papers is replaced by the agreement that the purchaser takes‭ ‬custody of them for us‭, ‬then delivers them to us immediately and endorsed‭.‬
  3. If the purchaser processes the goods subject to retention of title‭, ‬transforms them or combines them with other objects‭, ‬the processing‭, ‬transformation or connection is done for us‭. ‬We become the direct owner of the item produced by the processing‭, ‬transformation or connection‭. ‬If this is not possible for legal reasons‭, ‬we agree with the purchaser that we will become the owner of the new product at any time during processing‭, ‬transformation or combination‭. ‬The purchaser keeps the new product for us with the‭ ‬care of a prudent businessperson‭. ‬The item resulting from processing‭, ‬transformation or combination is considered goods subject‭ ‬to retention of title‭. ‬In the event of processing‭, ‬transformation or combination with other items not belonging to us‭, ‬we are entitled to co-ownership of the new item in the amount of the share resulting from the ratio of the value of the processed‭, ‬converted or associated reserved goods to the value of the new item‭. ‬In the event of the sale or lease of the new product‭, ‬the purchaser hereby assigns to us its claim against its customer from the sale or rental‭, ‬with all rights‭, ‬as a precaution‭, ‬without any further special declarations being required later‭. ‬However‭, ‬the assignment only applies to the amount corresponding to the value‭ ‬of the processed‭, ‬converted or associated goods subject to retention of title‭. ‬The assigned portion of the claim has priority over the other claim‭.‬
  4. If the goods subject to retention of title are connected by the purchaser with real estate or movable property‭, ‬the purchaser also assigns to us its claim‭, ‬to which it is entitled to as compensation for the connection‭, ‬with all ancillary rights‭, ‬as a precaution‭, ‬without requiring further special declarations being required‭. ‬If the purchaser owns the property or if it is entitled to‭ ‬the rent from this property on another legal basis‭, ‬then it also assigns this rent to us‭. ‬For the amount of the assigned claim‭,‬‭ ‬Section 7.3‭ ‬paragraph 3‭ ‬applies accordingly‭.‬
  5. If the purchaser is completely or partially in default with its obligation to pay or the redemption of due bills of exchange or‭ ‬cheques‭, ‬if there is over-indebtedness or a suspension of payments‭, ‬or if a settlement or insolvency petition is filed‭, ‬we are entitled to accept all goods still under retention of title immediately‭. ‬Likewise‭, ‬we can assert the further rights from the retention of title immediately‭; ‬the same applies to any other significant deterioration in the economic circumstances of the purchaser‭. ‬The purchaser grants us or our representative access to all its business premises during business hours‭. ‬The request for surrender or taking of possession does not constitute termination of the contract‭. ‬We are entitled to use the goods subject to retention of title with the care of a prudent businessperson and to settle for the open claims from their proceeds‭.‬
  6. If the value of the security exceeds our claims against the purchaser by more than 20‭ % ‬based on the current business conditions‭, ‬we are obliged‭, ‬at the request of the purchaser‭, ‬to release any securities of its choosing to which it is entitled‭.‬


§‭ ‬8‭ ‬Execution

  1. Unless we have expressly acknowledged special requests‭, ‬the customary manner of execution‭ (‬construction‭, ‬processing‭, ‬material‭, ‬etc‭.) ‬applies‭.‬


§‭ ‬9‭ ‬Warranty

  1. Complaints due to incomplete or incorrect deliveries or recognisable defects are taken into account if they are submitted to us‭ ‬in writing within one week after receipt of the goods‭. ‬Hidden defects must be reported in writing immediately after discovery‭, ‬but no later than 6‭ ‬months after delivery‭. ‬The implied warranty claim is for repair or replacement of the parts for which a complaint has been made‭. ‬There is no entitlement to change or reduction or compensation for direct damage‭. ‬Any implied warranty claim‭ ‬lapses if the object of delivery has been changed by third parties or if our instructions regarding the handling of the delivery item have not been followed‭. ‬Returns of items for which a complaint has been made will be accepted by us only after prior notification‭. ‬The return must be enclosed with our packing slip‭. ‬Due to different production sites‭, ‬the delivery address is to be requested from Cologne before return‭. ‬Complaints can only be accepted if the goods are returned to us with the same care as they were delivered by us‭. ‬We will not be responsible for damage during transport or for lost items‭. ‬In such cases‭, ‬we recommend that‭ ‬you request a statement of the facts in order to safeguard your right to compensation from the railway‭, ‬freight forwarder or post office‭.‬


§‭ ‬10‭ ‬Force majeure

  1. Force majeure‭, ‬industrial disputes‭, ‬riots‭, ‬official measures and other unforeseeable‭, ‬unavoidable and serious events shall release the contractual partners from their performance obligations for the duration of the disruption and to the extent of its effect‭. ‬This shall also apply if these events occur at a time when the affected contractual partner is in default‭. ‬The contractual partners are obliged to provide the necessary information without delay within the scope of what is reasonable and to adapt their‭ ‬obligations to the changed circumstances in good faith‭.‬


§‭ ‬11‭ ‬Place of performance and legal venue

  1. If the purchaser is a merchant‭, ‬Cologne is the exclusive place of jurisdiction‭ - ‬also for procedures involving cheques and bills‭ ‬of exchange‭. ‬The same legal venue applies if the purchaser does not have a general legal venue in the Federal Republic of Germany at the time of the initiation of legal proceedings‭.‬
  2. The law of the Federal Republic of Germany applies‭. ‬The Prague Convention of 1/7/1964‭ ‬concerning uniform laws on international purchases and the United Nations Convention of 11/4/1980‭ ‬on Contracts for the International Sale of Goods do not apply‭.‬


REMIS GmbH‭ ‬•‭ ‬Mathias-Brüggen-Str‭. ‬67-69‭ ‬•‭ ‬50‭ ‬829‭ ‬Cologne

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