§ 1 Scope
These terms and conditions are the basis for all contracts concluded now or in the future. They apply to be binding to every tansaction
between
us ( SchiBo GmbH) and the buyer now and in the future without the need of a new transmission or agreement.
Deviating conditions of
the customer are not valid without our consent.
All offers are only valid for trade, industry and business. The buyer confirms with his offer that he only uses the goods in line with his
commercial
activities. Place orders are binding from the day the order is placed forward. If the buyer cancels an order afterwards,
we will claim a compensation for indemnity in the amount of min 20%. If the goods are already in production, we will claim a compension for indemnit
amounting to 100%, the height depends on the state of production. As all our products are costomized we cannot grait a right of withdrawel.
§ 2 Prices and Terms of Payment
(1)Unless the order confirmation says otherwise, our prices are ex works, they are net plus the applicable VAT, excluding postage and packing,
which are calculated at cost price. Prices our sales representatives state in order forms are binding als long as we don't have objected them
within a period of thwo weeks after having received the order. Amendments and additional greements between buyers and sales representatives
are not legally binding before tehy were confirmed in writing by us.
(2) Invoices are due within 8 days from invoice date with 2% cash discount for payment. For new customers we reswerve the right to accept
only cash to delivery or prepayment. if the buyer delays in payment we are entitled to demand default interest of 5% above the base rate,
in case of commercia transaction a default interest of 8% above the base rate. If we can prove a higher loss we are entitled to claim it.
The invoice amount is due immediatly at
a) refusal of acceptamce of the goods
b)non-fulfilment of obligations from former transactions,
c) iin case of stappage of payments, opening insolvency proceedings and/or sale of the business
(3) In case of contraxts with a prearranged delivery time of more than 4 months we reserve the right to increase the prices according to incurred cost
increases due to collective agreements or rising material costs. If the increase amounts to more than 5% of the agreed price, the buyer has
the right of termination.
(4) Rights of retention and setoff are entitled to the bbuyer only if his counter claims are legally established, undisputed or acknowledged by us. |
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