Terms of delivery and payment of ACCENTFORM GmbH

1. relevant conditions

Our deliveries are made on the basis of the following conditions and any other agreements. Amendments and supplements must be made in writing. Other general terms and conditions shall not apply even if they have not been expressly contradicted in individual cases.

2. offer – order

Our offers in any form, including those made by representatives, are non-binding. The documents belonging to the offer, such as illustrations, drawings, weights and dimensions, are only approximate unless they are expressly designated as binding. We reserve the property rights and copyrights to cost estimates, drawings and other documents; they may not be made accessible to third parties.

Orders can only be revoked with our consent; the exchange of goods purchased from us against reimbursement of costs is possible, but remains voluntary. Custom-made products cannot be exchanged.

3. prices

Prices are ex works, excluding packaging, uninsured. VAT is added to the prices at the applicable statutory rate. For deliveries abroad, customs clearance is not included in the price. In the case of call orders, we reserve the right to charge the prices valid on the day of delivery.

4. transfer of risk

The risk shall pass to the customer at the latest when the delivery parts are dispatched, even if partial deliveries are made or we have assumed other services, e.g. the shipping costs or transportation and installation. If dispatch is delayed at the request of the customer or for reasons for which the customer is responsible, the risk shall pass to the customer from the day on which the goods are ready for dispatch.

5. packaging

We choose the type of packaging according to our own assessment. We generally endeavor to implement the provisions of the ordinance for the avoidance of packaging waste, but only accept charges for packaging with our prior written consent. Returns of packaging must always be made carriage paid to our premises in Nienstädt, Kleefeld 7, 31688 Nienstädt.

6. delivery time

The delivery period shall commence with the dispatch of the order confirmation, but not before the documents, approvals and releases to be procured by the customer have been provided and an agreed down payment has been received.

The delivery deadline shall be deemed to have been met if the delivery item has left the factory or readiness for dispatch has been notified by the time it expires. Unforeseen delivery difficulties which are beyond our control as the supplier, e.g. due to force majeure, operational disruptions, rejects, delays on the part of upstream suppliers, strikes and other circumstances shall entitle us to extend the delivery time by a reasonable period, even if they only occur during a delay in delivery. Compliance with the delivery period presupposes the fulfillment of the customer’s contractual obligations. If a firmly agreed delivery date is not met due to our proven fault, the

If the delivery deadline is exceeded, the customer shall only be entitled to withdraw from the contract – to the exclusion of the provisions of § 361 BGB – if he has set a reasonable grace period for the scope of the project and delivery has not taken place within this period. Further claims are excluded.

7. payment

Depending on the offer or agreement, payment for standard items and merchandise must be made within 8 days with a 2% discount or within 30 days net, in each case received by us by the due date. Discounts are only permitted if all due obligations have been paid.

For custom-made products and orders up to € 5,000.00, the customer must make a down payment of 50% after receipt of the order confirmation. For orders of € 5,000.00 or more, the customer must make a down payment of one third after receipt of the order confirmation. The second third shall be paid upon readiness for delivery or by special written agreement. The remaining amount is to be paid within the agreed payment period with a 2% discount from the total amount. Invoices are sent exclusively online (by email).

Payments by bill of exchange and check/bill of exchange shall only be accepted after special written agreement and only on account of payment, with all collection and discount charges being charged. If the target is exceeded, interest on arrears shall be charged at a rate of 8% above the prime rate of the Bundesbank. Expenses and ancillary costs are payable immediately net.

If the terms of payment are not complied with or if circumstances become known which seriously call into question the creditworthiness of the customer or if a check or bill of exchange is not honored, all outstanding claims shall become due immediately. The retention or offsetting of due payments by the customer due to counterclaims that have not been expressly recognized by us in writing are excluded.

8. liability for defects

The statutory provisions apply.

All parts which become unusable or whose usability has been significantly impaired within 6 months from the date of transfer of risk as a result of a circumstance prior to the transfer of risk, in particular due to faulty design, poor material or defective workmanship, shall be repaired or replaced free of charge at our discretion. We must be notified immediately in writing of the discovery of such defects.

Liability extends to parts, but not to transportation and travel costs. The customer shall grant us the time and opportunity required at our reasonable discretion to remedy the defect. If he refuses to do so, we shall be released from liability for defects. The liability for defects does not apply to natural wear and tear, nor to damage arising after the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable equipment and such chemical, electrochemical or electrical influences that are not foreseeable under the contract.

Liability for any consequences arising from improper modifications and repair work carried out by the customer or third parties is excluded. The warranty period for the replacement part and the repair shall be 3 months, but shall run at least until the expiry of the original warranty period for the delivery item. The period for liability for defects in the delivery item shall be extended by the duration of the interruption of operations caused by the rectification work.

Further claims of the customer, in particular a claim for compensation for damage that has not occurred to the delivery item itself, are excluded to the extent permitted by law.

9. other claims for damages

Claims for damages by the customer arising from positive breach of contract, from breach of obligations during contract negotiations and from tort are excluded. This does not apply if liability is mandatory in cases of intent or gross negligence.

10. reservation of title

The goods shall remain our property until all our claims against the customer arising from the business relationship have been fulfilled. Prior to this, pledging or transfer by way of security is prohibited and resale is only permitted to resellers in the ordinary course of business. In the event of resale, the customer hereby assigns to us all claims and other claims against his customers arising from the resale, including all ancillary rights.

11. transfer of rights of the customer

The transfer of the customer’s rights under the contract shall require our written consent.

12. place of performance and jurisdiction

The place of performance for both parties is Nienstädt.

If the customer is a registered trader, the sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Bückeburg. Contractual relations shall be governed by the statutory provisions of the Federal Republic of Germany. UN sales law is excluded for our contracts.

13 Binding nature of the contract

The contract shall remain binding in its remaining parts even if individual points are legally invalid. The contracting parties are obliged to replace the invalid provision with a provision that comes as close as possible to the economic purpose of the invalid provision.