Page 77 - W.SCHILLIG outdoor

General Terms

AND CONDITIONS

1. General national transport. The customer will carry the costs of storage after risk is trans- Customer shall point out that the goods are the property of W.SCHILLIG outdoor
These general terms and conditions of business alone shall govern the entire busi- ferred. If W.SCHILLIG outdoor is to store the subject of delivery, the cost is 0.25% of and notify W.SCHILLIG outdoor of the seizure immediately. Costs and damages shall
ness relationship with our customers. They shall also apply for all future business the invoiced amount of the object to be delivered per finished week. The right to be reimbursed by the Customer. In the event of breaches of duty by the Customer,
relationships without having to be expressly included again. Any terms and condi- provide proof of fewer costs or further costs remains unaffected. in particular default in payment, W.SCHILLIG outdoor shall be entitled, even with-
tions of purchase or other terms and conditions of business of our customers which Unless delivery has not been agreed upon with customer, W.SCHILLIG outdoor re- out setting a time limit to demand the surrender of the delivered goods and / or to
may contradict our terms and conditions of business shall not become part of the serves the right at shipment of merchandise basically not to ensure it in case of ship- withdraw from the contract; the Customer shall be obliged to hand over the goods.
contract should we not object to them or should we deliver the consignment. ment. Upon the express wish of the customer, W.SCHILLIG outdoor may inspect the A demand for the surrender of the delivered goods shall not constitute withdrawal
possibility of ensuring the delivery against insurable risks, at the expense of the cus- from the contract by the seller unless this is expressly stated.
2. Terms of payment and offsetting tomer, whereby W.SCHILLIG outdoor reserves the right to deny insuring the delivery.
The remuneration shall be payable in full upon delivery, unless other terms of 6. Limitation of liability and conditions for claims based on defects
payment have been agreed. The Customer shall be in default thirty days from 5. Reservation of title Warranty claims are not valid for an insignificant deviation from the quality, which
the date on which payment is due, unless he has paid, otherwise he owes the W.SCHILLIG outdoor shall be granted the following securities until all the claims to has been agreed on, or for an insignificant impairment of usefulness. Usual differ-
legal default interest. The Customer shall not be entitled to assert claims and which W.SCHILLIG outdoor is entitled (including all claims on the balance of cur- ences in the surface structure of leather covers are no defects.
rights on account of defects if he has not paid-up payments which are pay- rent account) based on any legal reason against the Customer now or in future un- In addition, warranty claims shall only be valid if notification of recognizable defects
able, and the payable amount is in a reasonable proportion to the value of the til all W.SCHILLIG outdoor claims are fulfilled. Upon demand such securities shall is made in writing before transfer of possession or delivery to the end customer.
consignment beset with defects. Above and beyond this, offsetting against be released by W.SCHILLIG outdoor at its choice, provided that the value of such Every complaint about a defect must be in writing. Each complaint must be made
claims by W.SCHILLIG outdoor or asserting a right of retention against a claim by securities exceeds its claims by more than 20% on a permanent basis. The goods promptly. This means that the notification of a defect must be received in writing
W.SCHILLIG outdoor is not allowed, unless this counter claim has been recognised shall remain the property of W.SCHILLIG outdoor until all its secured claims have by W.SCHILLIG outdoor no later than 10 (ten) calendar days after the delivery and
by W.SCHILLIG outdoor or has been declared final and absolute in a court of law. been paid for in full. Processing or transformation of the goods shall always be af- for overseas deliveries 30 (thirty) calendar days. The fulfilment of this obligation to
fected for W.SCHILLIG outdoor as manufacturer, without however, this creating any notify in writing is also a prerequisite for claims according to paragraph 478 of the
3. Delivery date obligation for W.SCHILLIG outdoor. If the (co) ownership of W.SCHILLIG outdoor ex- German Civil Code.
Deadlines and appointments held out for by W.SCHILLIG outdoor for performances pires as a result of its products being combined with other products, it shall con- In all cases W.SCHILLIG outdoor shall be entitled to choose between rectifying the
or deliveries are always approximate. Anything to the contrary only applies when sequently be agreed here and now that the (co) ownership of W.SCHILLIG outdoor defect and supplying new goods. If the subsequent fulfilment is unsuccessful, the
the customer and W.SCHILLIG outdoor have agreed to a set period, or set appoint- to the combined thing shall pass over to W.SCHILLIG outdoor in proportion to the Customer shall consequently be entitled to reduce the price or to withdraw from
ment expressly. As far as delivery has been agreed upon, the delivery appointment value of W.SCHILLIG outdoor goods to the invoiced value of the combined thing. The the contract. If the Customer demands compensation for damages instead of per-
or deadline refers to the point in time when the object is transferred to the carrying Customer shall keep the (co) ownership of W.SCHILLIG outdoor without payment. formance, or carries out a repair himself, W.SCHILLIG outdoor shall be allowed a
company, the freight company, or any other third party commissioned with the de- Goods to which W.SCHILLIG outdoor is entitled to (co) ownership, shall be known in second attempt to effect subsequent fulfilment. Only once this second attempt has
livery. W.SCHILLIG outdoor is entitled to demand an extension to the delivery and the following as goods subject to reservation of title. failed shall subsequent fulfilment be regarded as having been unsuccessful.
performance appointment for the period in which the customer does not fulfil his The Customer shall be entitled to process and sell the goods subject to reservation This expenditure required for the purposes of subsequent fulfilment shall be borne
duties vis-à-vis W.SCHILLIG outdoor – notwithstanding the rights from the delay. of title in the course of a proper commercial transaction, as long as he is not in de- by the Customer, in so far as they increase as a result of the goods and services hav-
4. Dispatch and passing of risk fault with paying W.SCHILLIG outdoor’s invoices. The Customer must not pledge the ing to be rendered to a place other than the Customer’s premises.
The type of delivery and packaging is subject to W.SCHILLIG outdoor’s du- goods subject to reservation of title or assign them by bill of a sale as a security. The In cases of intent or gross negligence W.SCHILLIG outdoor shall be liable in accord-
tiful discretion. Risk is transferred to the customer at the latest upon de- claims created with regard to the goods subject to reservation of title (including all ance with the law. Moreover W.SCHILLIG outdoor shall only be liable in accordance
livery of the subject of delivery, whereby the commencement of the load- claims on the balance of current account) from resale or other legal reason (insur- with the (German) Product Liability Law, on account of loss of life, physical injury or
ing process to the freight company, the carrying company or the third party ance, claim against third parties for damages in compensation on account of an il- impairment of health or on account of a culpable breach of important contractual
commissioned with the delivery is significant. W.SCHILLIG outdoor assumes no legal act) shall be assigned by the customer to W.SCHILLIG outdoor here and now obligations. The right to compensation for the breach of important contractual du-
liability for damages or losses in transit, as long as W.SCHILLIG outdoor cannot and in full for the sake of security. ties and in all cases of gross negligence is however, limited to damages which are
be accused of dealing with gross negligence or intention. Should the delivery or W.SCHILLIG outdoor authorises the customer revocably to collect the assigned foreseeable for this type of contract.
transfer of risk be delayed for reasons which are the customer’s responsibility, risk claims for W.SCHILLIG outdoor’s account but in his own name. This collection au- W.SCHILLIG outdoor’s liability shall also be limited in all cases of gross negligence
is transferred as of the day in which the subject of delivery is ready for dispatch and thorization can be revoked, if the Customer does not fulfil his payment obligations to damages which are foreseeable for this type of contract. Liability for damage to
W.SCHILLIG outdoor has informed the customer of this. Should nothing to the con- to W.SCHILLIG outdoor properly. the Customer’s legal property is ruled out. This shall only not apply in cases of intent
trary have been agreed upon, delivery will take place FCA and duty unpaid for inter- In the event of third party seizures of the goods subject to reservation of title, the or gross negligence or on account of loss of life, physical injury or impairment to

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