GENERAL TERMS AND CONDITIONS
– APPLYING TO ALL CONTRACTS –
Version November 2016
1. Reservation of Delivery
We reserve the right to reject orders for goods especially in case of noncompliance with minimum purchasing quantities as well as the right of non-execution of orders for goods in case of lacking availability. In such a case we will immediately notify you and return payments already effected.
2. Dispatch and Insurance
Goods are dispatched to the place designated by the buyer at buyer's expense and risk. We shall not be liable for any loss, damage, changes in weight etc. caused to the goods during transport. Transport insurance is only taken out at buyer's instructions in writing and at buyer's expense. Any costs arising out of failing attempts of delivery shall be borne by the buyer.
3. Reservation of Title
L.M. Kartenvertrieb & Verlags GmbH Germany retains title until the goods delivered have been fully paid for.
All payments to L.M. Kartenvertrieb & Verlags GmbH Germany shall be effected free of costs. Especially bank charges for payments effected from outside the Federal Republic of Germany shall be exclusively borne by the buyer as such charges otherwise will be put to buyer's account.
Unless noted otherwise in the invoice, payment of the agreed purchase price must be effected within 30 days upon date of invoice. Any failure to meet this deadline by private customers shall entitle L.M. Kartenvertrieb & Verlags GmbH Germany to charge interest at the rate of 5% above the current base rate on the purchase price without giving notice of default. In case of contracts with retailers, wholesalers and companies we shall claim interest at the rate of 8% above the current base rate. L.M. Kartenvertrieb & Verlags GmbH Germany is entitled to impose a dunning charge in case of delayed payment.
6. Choice of Law, Miscellaneous
6.1. Exclusively German law shall apply. Any applicability of the UN Sales Convention shall be excluded.
6.2. Any changes or modifications of orders or subsidiary agreements by the buyer must be made in writing in order to be valid.
6.3. Should for whatever reason one or several of the provisions herein be or become invalid, such provision shall be replaced by a provision coming as close to the original one as possible and the validity of the other provisions shall not be prejudiced thereby.
SPECIAL TERMS AND CONDITIONS FOR CONTRACTS WITH COMPANIES, RETAILERS AND WHOLESALERS
1. Prices and Terms of Payment
1.1. Current price quotations plus the German VAT rate applicable on the day of dispatch shall apply. Prices are subject to alteration without notice. The invoice amount is to be paid in the invoiced currency. Upon notification of the buyer's European VAT ID number we can carry out deliveries within the European Union excluding VAT.
1.2. In case of noncompliance with minimum purchasing quantities per item we reserve the right not to deliver such item. Moreover, L.M. Kartenvertrieb & Verlags GmbH Germany reserves the right to effect part deliveries and to cancel the contract without stating any reasons.
1.3. In case of goods made to customer's specifications 50% of the order value / total invoice amount is payable when placing the order and 50% on delivery, unless otherwise agreed upon. Quantities reduced or increased by up to 10% shall be deemed as agreed upon already at the time the order is placed.
Within Germany the ordered goods are delivered free domicile if the net value of these goods amounts to at least EUR 500.00.
3. Delivery and Periods of Delivery
As a rule we deliver the goods ordered immediately. We try to observe delivery periods to our best efforts but cannot give a warranty in this respect. An exceeding of delivery periods shall in no event constitute any claim for damages or the right to rescind the contract.
4. Reservation of Title
The buyer is not entitled to pledge unpaid goods or to assign such goods as security. The buyer hereby assigns his accounts receivable arising from the resale of unpaid goods to L.M. Kartenvertrieb & Verlags GmbH Germany.
5.1. We allow a cash discount of 2% on the net value of the goods for payment within 8 days.. Unless otherwise agreed upon, delivery outside the Federal Republic of Germany is only possible against cash in advance or against cash on delivery. All arising costs (as e.g. bank charges) shall be borne by the buyer / consignee.
5.2. Any credit notes are not refunded in cash but are exclusively set off against invoices for delivery of goods within a 180-day period.
5.3. For unpaid checks we will charge a handling fee of EUR 50.00 or USD 80.00 to buyer's account.
6. Warranty and Exchange
6.1. The buyer is obliged to inspect the goods on delivery with regard to type, quality and quantity. By means of the signature on the bill of delivery (consignment note / the carrier's electronic acknowledgement of receipt) proper and complete receipt is acknowledged. In case of any recognizable deviation from type, quality or quantity of the goods, notice of defect must be given immediately or 3 days upon receipt of goods, at the latest. A copy of the invoice and a description of the defect must be enclosed to this notice. With regard to observance of this time limit, the postmark's date is authoritative.
6.2. Returned goods are only accepted upon prior agreement with L.M. Kartenvertrieb & Verlags GmbH Germany and only if an order is placed at the time of return (exchange). The return value must not exceed 40% of the new purchase order's contract value. The goods must be in a resale able condition. Goods which are marked with prices or damaged will not be taken back and refunded. In the case of return of goods or non-acceptance of goods ordered, L.M. Kartenvertrieb & Verlags GmbH will charge 10% of the returned goods' purchase price for re-assortment. In any case, postage, freight and packing costs shall be borne by the buyer.
7. Dealer Aids
If L.M. Kartenvertrieb & Verlags GmbH Germany places dealer aids (as e.g. stands) at the disposal of the buyer on loan, these shall exclusively be used to present goods of L.M. Kartenvertrieb & Verlags GmbH Germany. Upon selling off the goods within a reasonable period of time – and if no new order is placed for a reasonable quantity – the dealer aid must be sent back free of charge on request. In the case of nonobservance, the dealer aid will be charged to buyer's account 30 days upon such request.
8. Place of Jurisdiction
The seat of L.M. Kartenvertrieb & Verlags GmbH Germany shall be exclusive place of performance and venue.