General terms and conditions of AMBE PARKETT GmbH
1. General information
The following conditions apply to all offers, sales, contracts and other services. Agreements or supplements, telephonic or verbal agreements are only binding if they are confirmed by us in writing. Purchasing conditions of the buyer shall only become part of the contract if this is confirmed in writing by us. As far as in the respective valid price list and special offers of our company sales, delivery and payment are included, this proceed the following conditions if contract expressly such price lists and/or special offers referred to. All other listed below conditions remain valid.
2. tenders
Our offers and price lists are subject to change, as far as they are expressly as binding. We accept phone orders only at the risk of the principal. Orders become binding with access of an order confirmation or the delivery note as well as signing our offer / order form. Verbal collateral agreements require for their validity written confirmation by us insofar as they are not covered by article 10 consumer protection act.
Confirmed prices are valid only for actual acceptance of the quantity ordered. Prices valid on the day of delivery according to our price list for calculating sales prices are only applicable as fixed prices, when we say it in writing as fixed prices, otherwise.
3. delivery/service
It is delivered to the purchaser's account and risk. (Place of performance) the place of performance is the place of departure, even if delivery "free place of destination". The buyer has to ensure the acquisition and securing of the goods at the place of delivery. The purchaser fulfil this obligation not or not timely, we are entitled to charge the goods there. Our delivery is no contracts of goods shipped. We assume the existence of an appropriate fork Steplers to the offload. If costs for delays will be charged by the carrier these are payable by the customer. Delivery times are subject to correct and timely delivery by our suppliers. Adherence to delivery dates presupposes the fulfilment of contractual obligations to be provided by the purchaser until then. Labor disputes, unforeseen events, Government action, traffic disturbances, etc. free us for the duration of their effects, or in the case of the impossibility of fully from the obligation to deliver and extend the delivery time accordingly. It is expressly agreed that according to entstprechender work is supplied (DIN, EU or other standards apply only when this was promised in writing by us in each individual case). Pick up the goods in our warehouse (Brauhausstraße 4, 29221 Celle) is possible by arrangement.
4. shipping costs
Both shipping and delivery, the cost of the buyer are to bear. Except otherwise agreed in writing. Please note: For deliveries to countries that are not part of the EU, additional costs may arise. These depend on the respective country, the type of goods and the value of the goods.
5. transfer of risk
The risk passes no later than otherwise representative to the buyer with the delivery of the goods to the carrier or the with the shipment, and that even if the supplier has assumed the shipping. Obvious damage or error messages
are to note by the buyer immediately upon delivery on the delivery note or consignment note, and to confirm in writing by the supplier.
6 notification of defects/warranty
Obvious damage and shortages must be reported in writing at other loss of the claim within five working days. Is a lack of obvious but before the expiry of warranty period, found so having the buyer within three working days after the discovery in writing to report it at a later date. Is our opportunity to give to determine the lack of place. Without our written consent, nothing may be changed for any other loss of warranty claim of the faulted goods. In particular, the goods may not be processed.
Minor deviations from patterns, particularly with regard to the surface and the shades, are allowed within the customary tolerances. The warranty is at our discretion to repair or replace of the offending goods. A claim for rescission or reduction does not exist. Any liability of the seller is limited to the value of the delivered goods. Liability for slight negligence, as well as for consequential damages is excluded.
7. payment
An invoice will be issued for the goods ordered. The payment is carried out whale-way in advance, pay pal or cash on pickup.
8 retention of title
All delivered goods remain our property until full payment of our total receivables (including incidental costs), also at resale. Processing is carried out for us exclusion of property acquisition of the processor according to the provisions of the General Civil Code. The processed goods is used as our security in the amount of the invoice value of the reserved goods. The purchaser may our property only in ordinary business transactions to its normal business conditions, and as long as he is not in delay, sell. He is entitled to resell of the reserved goods only with the proviso that transferred the claims arising from a further sale in accordance with the following paragraphs on us. He is not entitled to other disposals of the goods. The receivables of the purchaser from the resale of the reserved goods are already now us ceded to, regardless, whether the goods without or after the processing and whether at one or is sold to multiple buyers. The buyer is entitled to collect claims from the resale until our revocation at any time. He is, however, not allowed to have derartigeForderungen by cession. At our request, he is obliged to announce the assignment to us to its customers. Access by third parties are to inform us without delay. The retention deleted through the payment of the delivered goods then reappears if a later delivery remains unpaid, these goods but always, no longer can be brought back for whatever reason. We are entitled in this case to get back earlier, bezahlteLagerware equivalent to the later unpaid delivery.
9.1. cancellation policy
Right of withdrawal
Can your contract declaration within 14 days without giving reasons in written form (E.g. letter, fax, E-Mail) or - if the goods before the deadline by returning the goods revoked. The time limit begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the recurring supply of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations in accordance with article 246 § 2 in conjunction with § 1 para 1 and 2 EGBGB, and not before fulfilment of our obligations according to § 312e paragraph 1 sentence 1 BGB in conjunction with article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods is sufficient to safeguard the withdrawal period. The withdrawal must be addressed to:
Ambe Parkett GmbH
Brauhausstraße 4
29221 Celle
Tel: + 49 (0) 51417096063
Fax: + 49 (0) 51417096064
Email: [email protected]
9.2. goods
A return is possible only with the consent of the Executive Board and only in stock items! The extended right to return does not apply to the purchase of gift vouchers, goods manufactured according to specific customer requirements and not goods which were specially ordered for the customers at the suppliers. Withdrawal will be charged 20% of the value of the goods as a handling charge. Credit will be granted for goods taken back. Repayment of credit is generally excluded. Franco only undamaged, dry, whole, unopened packaging units be returned our warehouse.
Partial return of goods does not exist, only full orders
10. place of fulfillment and Court of jurisdiction
The place of performance for delivery, payment is the seller company.
11 assignment
The seller can assign all of his rights from the contract entirely or in the individual to third parties or fulfills its obligations by third parties as well. Orders of the buyer about any claims of the seller are possible only with its prior written consent at any other invalidity.
12. Severability clause
Should this sale and be provisions delivery invalid, the remaining provisions shall remain unaffected. The invalid provision will be replaced automatically by a valid corresponds to the intended purpose as much as possible in legal and economic way.
AMBE PARKETT GmbH, Brauhausstraße 4, 29221 Celle Tel: + 49 (0)5143 7096063