GENEREAL CONTRACT CONDITIONS OF
MÜTZENFABRIK BAUER GMBH
- The Buyer assures to operate a fully commercial trade within the meaning of the German Civil Code. Should this not be the case, contrary to the Buyer's assurance, the Buyer shall recognize the statutory regulations for fully qualified merchants as being applicable to its operation.
- Incoming orders will be processed by Mützenfabrik Bauer GmbH, subject to change without notice. A conclusion of contract with taciturn acceptance of order will be adopted, unless Mützenfabrik Bauer GmbH opposes the order within 14 days. Mützenfabrik Bauer GmbH reserves the right to supply customers cash in advance or cash on delivery following a credit rating. In the case of insufficient credit information, the customer assures the acceptance of advance cash or cash on delivery as methods of payment. The order shall be binding upon the customer. Acknowledgements of orders will be mailed only upon the customer's written request. Customers may cancel orders only up to 14 days after the order has been placed. Thereafter, the contract is deemed binding, and orders can be cancelled only upon payment of a cancellation fee of 50% of the order value.
- The place of performance for all services from the contracts of delivery is Mützenfabrik Bauer GmbH's headquarters.
- All deliveries will be effected at the Buyer's risk and account as of Mützenfabrik Bauer GmbH's place of shipping or stock location. For this purpose, Mützenfabrik Bauer GmbH commissions parcel shipping services, forwarding companies or other carriers at its own discretion on behalf of the Buyer.
- The delivery dates listed on collection cards or order forms are non-binding. If delivery deadlines are exceeded, the Buyer is obligated to grant Mützenfabrik Bauer GmbH a four-week grace period. Conventional penalties and damage claims due to default in delivery shall be excluded, unless permitted under the law. This shall apply in particular in the case of obstruction or impossibility of delivery due to force majeure. Fixed deadlines apply exclusively with separate written confirmation by Mützenfabrik Bauer GmbH. In the case of default in delivery, any claimed damage must be verified by the Buyer.
- The Buyer may assert complaints of any type within ten days after delivery. This shall not affect the stringent test and complaint obligations of the German Commercial Code. Customary or negligible deviations in quality, shape, color, design, dimensions or equipment cannot be criticized. In the case of justified notices of defect, Mützenfabrik Bauer GmbH is entitled to retroactive delivery and/or replacement. If the goods are no longer in stock, both parties may withdraw from the contract without resulting in damage obligations on the part of Mützenfabrik Bauer GmbH. Price reductions and damage on account of defective goods or non-performance are basically excluded. Defective goods must be returned without cost to Mützenfabrik Bauer GmbH. Returned goods that were not prepaid will not be accepted. We will credit the postage for justified complaints.
- All invoices of Mützenfabrik Bauer GmbH are payable as follows:
- Within 10 days of the invoice date with 4% discount;
- as of the 11th - 30th day after invoicing with 2.25% discount;
- 30 days, at the latest 30 days after invoicing net without discount
Foreign: Commerzbank Bensheim, IBAN: DE24 5084 0005 0632 5559 00, BIC COBADEFF 508
Other payment agreements are valid only with the express written confirmation of Mützenfabrik Bauer GmbH. When exceeding the time limit for payment, Mützenfabrik Bauer GmbH is authorized to charge a reasonable rate of default interest of 4% above the respective applicable discount rate, without further proof of verification. In an individual case, the verification of a higher default interest rate is permissible. Should the Buyer be in default of payment, all other claims will be due immediately, without requiring a separate notice of default. Sustaining the Buyer's counterclaims for all possible cases shall be excluded, as well as the right of retention in the purchase price, with the exception of undisputed claims or claims recognized by declaratory judgment. For deliveries and services to buyers abroad, it is deemed to be expressly agreed that all of the supplier's costs of legal prosecution in case of payment default, both judicially and extrajudicially, are to be born by the orderer. Mützenfabrik Bauer GmbH reserves the right to make further deliveries contingent upon the settlement of due invoices. - Mützenfabrik Bauer GmbH is authorized to assign its claims for financing purposes.
- All delivered goods are subject to an extended reservation of title until the complete settlement of all claims from the business relationship, provided the value of the goods does not exceed the claims. Claims the Buyer incurs to third parties are assigned already at this time to Mützenfabrik Bauer GmbH.
- The jurisdictional venue for all legal disputes between the Buyer and Mützenfabrik Bauer GmbH, which arise from this or subsequent orders, is Bürstadt. Mützenfabrik Bauer GmbH however is authorized to sue the Buyer at its jurisdictional venue. The contractual relationship for both parties shall exclusively be German law.
- Conflicting General Contract Conditions of the Buyer will be waived, unless the Buyer upon placing the order expressly contradicted the above conditions of delivery and payment.
- The invalidity of individual provisions of these General Contract Conditions shall not affect the validity of the remaining conditions.
Mützenfabrik Bauer GmbH, Beinestr. 11-13, D-68642 Bürstadt
Manager Peter Bauer
AG Lampertheim HRB Darmstadt 61827
