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Delivery and payment

1. Offer and conclusion of contract: All offers are subject to change and non-binding.
2. Application of these delivery and payment conditions: The deliveries, services and offers of the supplier are provided exclusively on the basis of these delivery and payment conditions. These terms are valid for all future business relations. At placementof order, latest with the receipt of our delivery or services, our terms and conditions are considered as accepted. Considering his conditions of purchase, references or counter confirmations of the orderer are hereby expressly disagreed upon.
3. Prices: In commercial business the selling price corresponds to the seller‘s prices valid on the day of delivery.
4. Delivery: Domestic consignments with a goods value of at least 100 € net are sent by forwarding agent free of charge (Under 100.00 € we impose a delivery charge of 5.00 €). If the ordered quantity does not correspond with our packaging or ordering unit, the ordered quantities are rounded up or down to the respectively valid packaging and ordering unit.
5. Payment: a) The invoice amount is payable with a discount of 3 % within 8 days from date of the invoice or net within 30 days from date of the invoice. b) If the term of payment is exceeded, interest of 1 % per month will be charged from the first day of delay (in commercial business from the relevant due date). c) Counterclaims, including any warranty claims on the part of the buyer, shall not entitle the buyer to any offsetting or retaining of the payment, unless an acknowledged or legally effective counterclaim exists.
6. Packaging: If the delivery is not effected according to point 2, the packaging is charged at cost price, but cannot be returned. Pool-pallets and lattice boxes are only partly relinquished. The pallets and boxes are to be returned to the forwarding agent within a normal period of time.
7. Dispatch: The dispatch is insured by the supplier.
8. Guarantee: Complaints can be accepted within 8 days from the receipt of goods unless the defects are hidden defects; otherwise the legal regulations are applied. Multiple rectifications shall be permitted. Furthermore the supplier is entitled to grant a reduction of the purchase price instead of specified claims. If the buyer deals as a business as defined in the German Commercial Code (HGB), the buyer must immediately examine the consignment for obvious defects and immediately indicate all obvious faults, shortfalls or false deliveries to the supplier within 6 working days after delivery (if the customer is not a merchant within 2 weeks after delivery). Costs which arise from unfounded claims shall be borne by the buyer. After the notice of defects the buyer has to ask for instructions from the supplier and has to return the goods on request immediately to supplier (or arrange a collection of the goods). If the goods are wrongly delivered by the supplier (because of a wrong indicated address, wrong packaging or for other reasons), the recipient is obligated to inform the supplier immediately and await instructions where the goods should be directed.
9. Retention of title: The delivered goods remain our property until fully paid for. The invoice amount of the supplier is deemed to be the value of the goods subject to retention of title.
10. Place of performance / place of jurisdiction: is for all disputes and both parties district court Hof.
11. Further agreements: For the purpose of credit assessment, Creditreform Bayreuth Ganzmuller KG will furnish us with any address and credit particulars that are stored in the database of such firm in connection with you, including any data ascertained using mathematical statistical methods, provided, however, that we substantiate our legitimate interest. All further agreements, particularly verbal agreements by employees of the supplier, shall be done only with written consent of the supplier. Printing errors and mistakes reserved