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Terms & Conditions

1. EXKLUSIV IMPORT EXPORT HANDELS GMBH delivers to customers subject to the following agreements, which the customer recognizes as the basis of each delivery of EXKLUSIV IMPORT EXPORT HANDELS GMBH fully itself. If the customer requests delivery to different agreements EXKLUSIV IMPORT EXPORT HANDELS GMBH is entitled to reject the coveted delivery. Deviating agreements are not effective unless confirmed in writing by EXKLUSIV IMPORT EXPORT HANDELS GMBH always.
2. All offers are without obligation and EXKLUSIV IMPORT EXPORT HANDELS GMBH subject of the sale leads. Deliveries are made in accordance with the operational realities of EXKLUSIV IMPORT EXPORT HANDELS GMBH; Partial deliveries are permissible. Agreed delivery and collection times are only approximate; deadlines do not entitle customers to reject the delivery. Unforeseen delivery obstacles, such as prohibitions on copyright-related supplies, manufacturing or supply disruptions in EXKLUSIV IMPORT EXPORT HANDELS GMBH or their suppliers, such as force majeure, disruption, strike, lockout, entitling EXKLUSIV IMPORT EXPORT HANDELS GMBH also for delivery after the removal of the delivery obstacles. Damages by the customer due to delay or failure can only be invoked if EXKLUSIV IMPORT EXPORT HANDELS GMBH gross negligence or willful misconduct can be demonstrated.
EXKLUSIV IMPORT EXPORT HANDELS GMBH is entitled, in case of delivery problems, either wholly or partially delivered later or to withdraw all or part of the contract with the customer.
EXKLUSIV IMPORT EXPORT HANDELS GMBH can not deliver within 3 months after the agreed delivery date EXKLUSIV IMPORT EXPORT HANDELS GMBH is entitled to assert such price increases occurred. Explain to the customer hereby do not agree in writing prior to delivery, EXKLUSIV IMPORT EXPORT HANDELS GMBH may rescind the contract wholly or in part. Damages by the customer are excluded.
3. Deliveries are made at the prevailing daily prices EXKLUSIV IMPORT EXPORT HANDELS GMBH, based on the date of delivery, in granting the following discounts:
Net value
The daily rates are quoted on stock Rosegg, excluding packaging, postage, insurance and transportation costs for special dispatch and payment plus VAT in force on the day of delivery level.
The accounts are net payable immediately upon receipt.
The customer can take cash discounts, but only in cases where this is especially agreed and no other bills from EXKLUSIV IMPORT EXPORT HANDELS GMBH are unpaid. See Item 11
If the customer is in default, has EXKLUSIV IMPORT EXPORT HANDELS GMBH entitled to interest from 31 Calendar day following the date of invoicing, the amount of 3% above the discount rate of Austrian Bundesbank, at least 9.5% p. a.
EXKLUSIV IMPORT EXPORT HANDELS GMBH is entitled also in case of default, to make further deliveries subject to the customers of cash advance or to discontinue the deliveries in whole or in part.
Checks or drafts of EXKLUSIV IMPORT EXPORT HANDELS GMBH will only be subject to the credit of the bill or check amount received. In this case, all expenses and costs incurred to replace the EXKLUSIV IMPORT EXPORT HANDELS GMBH by the customer. If no bills or checks cashed, all invoices are due for immediate payment of EXKLUSIV IMPORT EXPORT HANDELS GMBH. This also applies to non-exported or withdrawn debit orders.
Is on the customer's assets or the judicial settlement
Bankrupt or otherwise enters a material deterioration in the financial circumstances of the customer, are threatened by the payment of claims EXKLUSIV IMPORT EXPORT HANDELS GMBH, then all invoices due immediately and the customer loses the right to sell in the ordinary business operations and is the immediate release of the unpaid deliveries committed to EXKLUSIV IMPORT EXPORT HANDELS GMBH.
To receive payments on EXKLUSIV IMPORT EXPORT HANDELS GMBH whether payment is justified only by the Managing Director of EXKLUSIV IMPORT EXPORT HANDELS GMBH signed proxy bearing debt collection staff.
4. All shipments are made freight collect at times and are commercially available packages, the customers charged at cost price.
EXKLUSIV IMPORT EXPORT HANDELS GMBH is entitled in respect of supplies with a value of more than 1000, - € without the express order of the customer to conclude a transport insurance at his expense. The dispatch will always be at risk of the customer. Missed deliveries have to be viewed by the customer within 14 days of invoicing for EXKLUSIV IMPORT EXPORT HANDELS GMBH.
If the order fulfillment are damaged by the customer, the latter is obliged to return the damaged shipment in its original packaging to EXKLUSIV IMPORT EXPORT HANDELS GMBH, otherwise he will lose all rights to EXKLUSIV IMPORT EXPORT HANDELS GMBH to correct mistakes, replacement or resignation.
5. The customer must inspect all shipments upon receipt for its regularity are. Insufficient or incorrect or any defects can be challenged only in writing within 7 days of receipt occurred at EXKLUSIV IMPORT EXPORT HANDELS GMBH. Not visible defects must be made in writing within 6 months after receiving the goods claimed in EXKLUSIV IMPORT EXPORT HANDELS GMBH. Belatedly incoming complaints are not considered.
In videotapes, movies, medicines and appliances is limited to ensuring EXKLUSIV IMPORT EXPORT HANDELS GMBH only to visible defects.
Exchange and return are permitted only with prior written agreement.
6. The ownership of all items delivered reserves EXKLUSIV IMPORT EXPORT HANDELS GMBH prior to payment of all present and future receivables arising from the business relationship with the customer.
The customer may sell the subject goods in normal business operations, against payment in cash or with retention of title in favor of EXKLUSIV IMPORT EXPORT HANDELS GMBH; to other orders, especially for security and to pledge, but is not allowed.
The customer already now assigns its receivables from the resale of goods subject to retention - including related receivables Jump - with all ancillary rights to EXKLUSIV IMPORT EXPORT HANDELS GMBH, which takes on this assignment. In the event that the conditional commodity is sold by the customer, along with other goods not owned by EXKLUSIV IMPORT EXPORT HANDELS GMBH at a single price, the assignment shall only cover the amount, calculated the EXKLUSIV IMPORT EXPORT HANDELS GMBH to the customer for the reserved commodity.
In the event that the claims are included from the resale of the customer into a current account, the customer also hereby already assigns his claims in the current account towards its customers, as well as from at EXKLUSIV IMPORT EXPORT HANDELS GMBH, which takes even this assignment. The assignment is made in the amount, the EXKLUSIV IMPORT EXPORT HANDELS GMBH has charged him for the resold goods subject to retention. In case of default by the customer against EXKLUSIV IMPORT EXPORT HANDELS GMBH or substantial deterioration in its financial position (negative information, etc.) EXKLUSIV IMPORT EXPORT HANDELS GMBH is entitled to demand the immediate release of the reserved property. The customer has to grant access to the EXKLUSIV IMPORT EXPORT HANDELS GMBH still in possession of goods subject to retention. To surrender the customer has separately retained goods from other goods to be stored, marking them as EXKLUSIV IMPORT EXPORT HANDELS GMBH delivery under reservation to refrain from any control over it and hand over a list of the reserved property. EXKLUSIV IMPORT EXPORT HANDELS GMBH is entitled to the goods for sale by private treaty, without prior formal notice, or have them auctioned. Entry of the conditional goods made to the proceeds, less the costs incurred. If the value of the security exceeds the amount of claims from EXKLUSIV IMPORT EXPORT HANDELS GMBH by more than 20%, EXKLUSIV IMPORT EXPORT HANDELS GMBH will release the security of their choice at the request of the customer.
The customer must notify EXKLUSIV IMPORT EXPORT HANDELS GMBH being accessible to the conditional goods or the assigned claims in writing and EXKLUSIV IMPORT EXPORT HANDELS GMBH EXKLUSIV IMPORT EXPORT HANDELS GMBH assist in every way in order to intervene. The costs are borne by the customer.
7. Any sale of goods and any other markings that are as original drawing that could be considered as marks of origin of the customer or a third party or to give the impression that they are special products prohibited without the prior written permission of EXKLUSIV IMPORT EXPORT HANDELS GMBH.
8. EXKLUSIV IMPORT EXPORT HANDELS GMBH is entitled to information about customers - regardless of whether they originate from the customer or by third parties - for the purposes of the Data Protection store or process.
9. Performance and jurisdiction for all disputes, including bills and checks, is Rosegg.
10. If any provision of this agreement be or become ineffective, or should prove to be gaps in need of completion, the parties are obliged to agree to replace the invalid provision or to fill the gap in an effective regulation that comes with the intended economic purpose.
The effectiveness of the remaining agreements will not be affected thereby.
11. Payment of the order are stipulated before in the contract between EXKLUSIV IMPORT EXPORT HANDELS GMBH and the costumer. Foreign-payment are all time in advance prepaid.
12. Transport condition are stipulated before in the contract between EXKLUSIV IMPORT EXPORT HANDELS GMBH and the costumer.