Im Freien Felde 5 | 38895 Blankenburg | OT Derenburg
Glasmanufaktur Harzkristall Glasmanufaktur Harzkristall 1. Offer By accepting the offers submitted by Glasmanufaktur Harzkristall GmbH, the buyer simultaneously accepts these general terms and conditions of sale and delivery. Any deviating terms and conditions of the purchaser shall be ineffective unless agreed upon in writing by the purchaser and Glasmanufaktur Harzkristall GmbH. All offers are subject to change with regard to price, quantity and delivery time.
2 Validity The following conditions apply to all deliveries made by Glasmanufaktur Harzkristall GmbH.
3. delivery time The delivery times are to be agreed upon in dependence of the order assortment in each case separately. All information about delivery times are approximate. In the event that contractually agreed delivery times are exceeded, the purchaser must notify Glasmanufaktur Harzkristall GmbH of the delay and grant a reasonable grace period.
4. operational disruptions Events of force majeure, operational disruptions of any kind, in particular also industrial disputes at the suppliers and their suppliers of Glasmanufaktur Harzkristall GmbH, furthermore partial receipt of the make as faulty goods, shall release Glasmanufaktur Harzkristall GmbH from the obligation to deliver on time and completely or partially from the obligation to deliver at all. Claims for damages cannot be made.
5 Shipping All deliveries of Glasmanufaktur Harzkristall GmbH are made "ex works", i.e. for the account and at the risk of the buyer. If the purchaser does not provide Glasmanufaktur Harzkristall GmbH with specific shipping instructions or if these are not feasible due to given circumstances, Glasmanufaktur Harzkristall GmbH shall choose the option it deems best at its discretion without being responsible for the cheapest shipment. Customer requests for specific shipping methods that deviate from the shipping method generally selected by Glasmanufaktur Harzkristall GmbH will be made according to local possibilities and invoiced to the customer.
6 Packaging Packaging is charged at cost price and is not taken back. The type of packaging is determined by the seller.
7. copyright The designs, test series and molds used by the seller for the production of the contractual product shall remain the property of the seller even in case of separate invoicing to the customer. The unique products delivered with certificate and signature are protected by copyright in their design.
8. warranty and assurance For the quality of our delivered products, we assume the warranty customary in trade and industry, insofar as the company Glasmanufaktur Harzkristall GmbH in turn its supplier provides warranty. Properties can only be accepted as warranted if Glasmanufaktur Harzkristall GmbH expressly assures them in writing in a separate letter or in the order confirmation.
9 Complaints Complaints and other claims can only be considered within 5 days after receipt of the goods in writing. Other necessary regulations are contractually agreed upon separately with the respective customer.
10. payments The terms of payment stated on the order confirmation or invoice shall apply. In the event of late payment, interest on arrears shall be charged in accordance with the applicable discount rate plus 9 per cent p.a. for the period of late receipt.
11. retention of title The goods shall remain the property of Glasmanufaktur Harzkristall GmbH until the purchase price including all ancillary claims has been paid in full, in the case of payment by check or bill of exchange until the check or bill of exchange has been honored. Until then, the purchaser is not entitled to pledge the goods to third parties or to assign them as security without the consent of Glasmanufaktur Harzkristall GmbH. If the goods are resold by the buyer before payment has been made, the buyer's claims arising from the resale of the goods subject to retention of title are already assigned to the seller, regardless of whether the goods subject to retention of title are resold without or after processing and whether they are resold to one or more buyers. The assigned claim serves as security for Glasmanufaktur Harzkristall GmbH until full payment of the invoice price or redemption of the bill of exchange and payment of all other claims of Glasmanufaktur Harzkristall GmbH against the buyer. The purchaser alone shall have the right to dispose of the goods within the scope of his usual business operations. The purchaser shall be authorized to resell and resell the goods despite the assignment. The collection authority of Glasmanufaktur Harzkristall GmbH shall remain unaffected by the purchaser's collection authorization. However, Glasmanufaktur Harzkristall GmbH shall not collect this claim itself as long as the purchaser duly meets his payment obligations. At the request of Glasmanufaktur Harzkristall GmbH, the purchaser shall inform the latter of the debtors of the assigned claim and notify the debtor of the assignment. The retention of title in accordance with the above conditions shall also remain in force if individual claims of the purchaser are included in a current account and the balance has been struck and acknowledged.
12. withdrawal If the seller becomes aware after conclusion of the purchase contract that the buyer is in an unfavorable financial situation, the company Glasmanufaktur Harzkristall GmbH may demand security for its delivery to be made on the basis of the order or withdraw from the contract by offsetting the expenses it has incurred.
13. claims for damages Claims for damages between registered traders are excluded. Claims for damages between Glasmanufaktur Harzkristall GmbH and a customer who is not a fully qualified merchant are excluded, insofar as Glasmanufaktur Harzkristall GmbH cannot be accused of intent or gross negligence.
14) Place of jurisdiction and place of performance The place of performance for all services arising from the contract is Derenburg. The place of jurisdiction is Wernigerode, if the customer is a registered trader. In such cases, the local court of Wernigerode shall also have jurisdiction for actions on checks and bills of exchange.
15. additional agreements Additional agreements have not been made and have no influence on the above terms of delivery. Agreements to the contrary shall only be valid if they have been expressly included in the contract.