DELIVERY AND PAYMENT TERMS OF HEGLER FASHION GMBH & CO. KG
All legal transactions with us are based on these general terms of delivery and payment. Our express written consent is required for alternate or supplementary agreements.
Our offers are non-binding.
Illustration and information on samples in catalogs and brochures are only approximate unless they are declared binding. We reserve the right to minor deviations which are unavoidable during the production.
We ask for all payments cashless. If nothing contractually agreed, the buyer is committed to pay the purchase price within 60 days of the invoice date. The invoice is issued on the day the goods are handed over or dispatched at the earliest. After the period of 60 days has expired, the buyer is in default of payment.
If the purchase price is paid within 10 days of the invoice date, we grant a 4% discount; if payment is made within 30 days of the invoice date, we grant a 2.25% discount. However, the discount is subject to the fact that no other claims against the buyer are due consists.
During the delay, the buyer has to pay interest on the debt at a rate of 8 percentage points above the base rate. We reserve the right to prove and claim higher damage caused by default.
We are not obliged to make any further deliveries from any current contract before the invoice amounts due including default interest have been paid completely. If the buyer is in arrears with a purchase price payment or if there is a significant deterioration in his financial situation, we can demand payment for all outstanding deliveries before delivery of the goods, subject to the expiry of the payment term. Under the same prerequisite, we can make all of our claims due immediately. Checks and bills of exchange are only accepted on account of payment. The latter only after prior written agreement. Collection and discount charges, exchange stamp tax, collection charges and interest are due for payment immediately.
3. Delivery Time
Delivery dates and deadlines are binding if they have been designated as binding in writing in individual case, otherwise all delivery dates and deadlines are non-binding.
If the buyer does not accept shipment of the goods, we are entitled, after setting a grace period of 14 days, to withdraw from the contract or to demand compensation for non-performance. In the latter case, we are entitled to either demand 20% of the purchase price or compensation for the actual damage without proof of financial lost.
5. Retention of title
We reserve title to the delivered goods until the purchase price has been paid in full and the claims that have arisen from business relationships with the buyer so far.
Resale by the buyer is permitted in the normal course of business of the buyer. In the event of resale, the buyer assigns to us his future purchase price claims in the amount of our claims as security with the conclusion of the transaction, without the need for a special declaration. We accept the assignment. We can notify the customer of the assignment at any time. If our goods are seized or otherwise claimed by third parties, the buyer must notify us immediately, confirm our property to both the third party and us in writing and assist us in asserting our property.
Transfer by way of security or pledging of the goods delivered by us that have not yet become the property of the buyer is prohibited.
The buyer shall keep these goods for us that have not yet become his property. He has to insure them against fire, theft and water. The buyer hereby assigns his compensation claims to which he is entitled from damage of the above-mentioned type against insurance companies, or other compensation claims to us in the amount of our claims against him.
In the event of a complaint about the quality of the delivered goods or the price invoiced, we are only liable if the buyer notifies us in writing within 8 days of receipt of the shipment.
If the complaint is justified, a replacement will be delivered or a credit will be issued. In no case is there an entitlement to claim damages. We do not accept any liability for direct or indirect damage (consequential damage).
7. Offsetting and Transferability
The buyer is not permitted to offset any counterclaims that we have contested and that have not been legally established. The buyer’s rights from legal transactions with us are not transferable.
8. Transfer of Risk
All deliveries are made for the account and at the risk of the buyer; the latter also if carriage paid delivery has been agreed. The transfer of risk takes place in each case with the delivery of the goods or with the delivery to the carrier. Transport insurance will be taken out at the request and expense of the buyer.
9. Place of Performance and Jurisdiction
Place of performance and place of jurisdiction, also for the assertion of claims by way of the dunning procedure and for check and bill protests, is Essen. We are also entitled to assert claims at the court responsible for the domicile or place of residence of the buyer.
Hegler Fashion GmbH & Co. KG
5289 Essen Deutschland