General trading conditions that Company Augustin & Löge advertising technology
General terms of payment, business and supply
1. Offers : Our offers take place always not-binding with the consequence that a contract comes only, as soon as due to our offer a given order is confirmed by us in writing, and/or by E-Mail or the commodity is supplied.
2. Orders : Us given orders are implemented only to our trading conditions. Exceptions require our express written confirmation, whereby the confirmation given order only then the validity us more prescribed, from our conditions of deviating trading conditions contains us, if this is expressly explained in our confirmation of order. Supplementory orders can be treated for reasons of in-plant completion only as independent new orders those likewise only to our trading conditions to be implemented.
3. Supply : We are free and entitled from the obligation to the supply, from the contract back zutreten, if at us correct and punctual self supply does not become taken place or us from other reasons the supply impossible or unreasonable. In this case requirements - requirements from any argument, in particular on requirements for compensation - of the buyer are impossible against us.
4. Prices : All prices specified by us are not-binding. As agreed upon in each case at the time of the order the stated prices are considered including to the valid in each case value added tax inland (not with dealer offers). Quotation in principle “ex factory”.
5. Packing units : The goods delivery takes place depending upon order quantity in different packing units.
6. Dispatch : The dispatch takes place on exclusive calculation of the orderer. The mode of shipment is selected by us after best discretion, however without commitment for cheapest shipping. The packing is computed to our first cost. Our time for delivery is considered as fulfilled, as soon as the commodity left the work or distribution store or one handed over to a transport enterprise.
7. Numbers of items : More or short deliveries of ± 2% does not entitle the client to any objections.
8. Payments : They can pay the commodity when ordering and supply within Germany by Vorkasse (Vorabüberweisung, bar or cash on delivery). In case of an express supply wished by you separate terms of payment apply. In the case of an order and/or a supply of the commodity outside of Germany only the payment is possible by Vorkasse. If you should pay the ordered commodity by Vorkasse, we point out you expressly that us the complete commodity value must become credited. The fees with the credit institutes, possibly developing with payment by Vorkasse, must be paid by you additionally (commodity value plus fees). We do not make supplies to you, if us the complete commodity value is not credited. Date of payment in accordance with confirmation of order and/or original invoice. In the case of supply on calculation (only for dealers): With delay of payment we are entitled to compute interests at height of the usual in each case interests on bank loans. The asserting of if necessary further interests is thereby not affected.
9. Notices of defect : Notices of defect and objections of each kind, particularly regarding the integrity or quality of the supplied commodity, are written at the latest 8 days after receipt of the commodity to make valid and/or by E-Mail. Damaged ones and/or stolen transmissions are to be lodged a complaint immediately after receipt directly with the Zusteller under indication of the damaged and/or missing quantities. Deviations in the lacquer finish are production and entitle not to notices of defect. With entitled lack of quality free replacement is carried out, if incorrect pieces are returned. Deformation of the hoods by the influence of heat is expressly no reason to the notice of defect. Large requirements on transformation, reduction or compensation are impossible; with failing or impossibility of the rework or replacement however the orderer is to that extent - i.e. as far as failing or impossibility is present - for the transformation or reduction entitled. Also in this case however the requirement on compensation is impossible. Our adhesion for lack damages is impossible, unless resolution or rough negligence us should meet.
10. Retention of title : We reserve ourselves the vested title at the supplied goods up to the payment of the entire demands from the business relation. The retention of title extends also to the products resulting from subsequent treatment. With processing or connection of our commodity with other material we acquire co-ownership at the product in the relationship of the value of our commodity to that of the other material, resulting from it. The buyer applies in this case as a keeper. The goods supplied under retention of title and out the far sale of developing new articles may be further-sold by the customer only in the normal course of business. He surrenders those to the customer for the far sale or an other reason of being entitled demands hereby to us as security. The customer is however authorized to draw in the retired demands so long as it follows its obligation to pay us as stipulated opposite. The customer out of the consideration for the assignment has to immediately communicate the amounts drawn in for us on the goods supplied under retention of title or on the retired demands without delay. We can require pre-payments or securities or however from the purchase agreement withdraw, if circumstances occur or admits become, by which bringing in our demands appear endangered.
11. Product-Return : The return of goods outside of the legal period of revocation (Abs.15) is permitted only with our agreement. Without our prior permission the acceptance can be refused and/or the commodity with us for the order of the sender be held ready. In case of a cancelling conversion or credit note takes place in the current value under departure from 10% handling charge. For articles, which are not no more manufactured in organization, form or technology by us, neither a conversion still another property bringing are possible.
12. Place of delivery : Place of delivery for the supply is the place, at which for the purpose of the dispatch or an agreed upon delivery to the orderer are the commodity. The place of delivery is not changed by the fact that the orderer takes over dispatching the commodity. Place of delivery for the payment of the purchase price as well as for the other achievements of the orderer is our registered place of business. The area of jurisdiction is Luebeck. 13. Data storage We inform you of the fact that we their data - so far business necessary and in the context of the Federal Law for Data Protection (§ 26 BDSG) permissible - by EDP store and process.
14. Transport damages : Despite careful packing transport damages can occur with all modes of shipment. So that you are satisfied in any case, we ask to keep the following guidelines. During neglect we must reserve ourselves replacement against new calculation. 1. In the case of damage, which are already outwardly visible, the receipt may not be acknowledged. 2. If the packing is intact and if the damage is only determined with unpacking, the buyer must lodge a complaint the transmission with the transportation leader/forwarding business within three days after assumption of the transmission. If necessary the respective forwarding agent must accomplish a house admission. Forwarding businesses in most cases reject “house taking up” and appoint themselves to “pure receipt” (signed waybill). Unpack therefore please the transmission in the presence of the driver. If the driver should reject this, let please a note (transmission under reservation accepted - driver leans opening of the transmission in his presence off) acknowledge itself. 3. In each case the transmission must lie in the condition, in which it was with the statement of the damage, remains. For the smooth completion of a case of loss we need from you 1. Original waybill (photocopy receive you when desired immediately back) 2. Ascertainment of the facts of the transportation leader and/or forwarding business. 3. Declaration of acknowledgement (the declaration of acknowledgement brings no commitments for you with itself). In the case of loss you receive to answer at short notice, as the affair is settled.
15. Legal instruction to the right of revocation With remote paragraph contracts A right of revocation is entitled to the private final consumer with remote paragraph contracts. After at present valid right it has the possibility within two weeks after receipt of the commodity of recalling the contract without reason. The right of revocation is impossible, if the supplied commodity is cut to the personal needs from Kundenspezifikation made or clearly. The revocation can take place in writing or via return of the commodity; for period keeping the punctual sending off at Augustin meets & would lie advertising technology, Plönniesstrasse 26, 23560 Luebeck Augustin & would lie advertising technology takes back during the back completion of a contract only commodity in the intact original packaging with complete accessories. All supplied articles must be returned. With the dispatch it is to be made certain that also the Umverpackung of the article is sufficiently protected. Revocation sequences: To be given change in case of an effective revocation on both sides received achievements to be refunded and uses if necessary pulled are. If the achievement received from us cannot be refunded totally or partly or only in worsened condition, the buyer must carry us to that extent if necessary for indemnification according to value out. During the hiring of things this does not apply, if the degradation of the thing exclusive on their examination - as it would have been possible the buyer for instance in a Ladengeschäft - to lead back is. In all other respects the indemnification according to value obligation can be avoided, as the thing will not omit like an owner taken in use and everything, which impairs their value. During a return the buyer has to bear the cost of the return, if the supplied commodity corresponds to the ordered. Otherwise, thus with wrong deliveries, the return for the buyer is free and laid out postage by us is taken over. Unfree supplies and returns are not accepted! Exclusion of the right of revocation: A right of revocation does not exist, if as well as the commodity were made or changed according to your requirements with expendables material already opened. Also with specially goods manufactured after customer's requests or ordered goods a right of revocation is impossible. A right of revocation does not exist likewise, if the legal transaction were locked to commercial or the independent vocational activity of the buyer serving purposes.
16. General information If parts of these general trading conditions should be futile or ineffective or become, then the effectiveness of the remaining conditions is not affected. The futile or ineffective regulation is to be replaced by such a regulation that the legal and economic purpose intended with the futile or ineffective regulation is reached as far as possible. A conclusion due to these general trading conditions makes these the obligatory part of contract for all further conclusions between us and the orderer, without this needs to be agreed upon in individual cases