For all delivery contracts between us and the customer exclusively the following delivery and payment conditions apply. We do not recognize the conflicting or deviating terms and conditions of the customer unless we agreed in writing in a single case.
Verbal side agreements were not met. Deviating from our terms and conditions or complementary individual agreements must be submitted in writing.
The prices result from the prices agreed on the day of the order. These are communicated to www.bombasei.de / in the offer / in the order confirmation. The prices listed are net prices plus the statutory value added tax. For an order value below 200 euros net we charge 9.00 euros posto, from an order value of 200 euros net we deliver free house. Deviations on these regulations must be fixed in writing.
Payments are to be made exclusively on bombase eggs
Exchange payments are not accepted.
The terms of payment on the bill apply.
The agreed payment term begins with the preparation of the invoice. If the bill is not paid after the due date of the claim, we are entitled to calculate a default interest of 8% P.A. Above the basic interest rate of the ECB. The time of payment is the day of credit on our account. The assertion of further damage is not excluded.
If, after the conclusion of the delivery contract, it will be appreciated that the claim for payment is jeopardized by a lack of performance, in particular missing creditworthiness of the customer, we are entitled for all delivered and not paid goods instant security or cash without any deduction and for all Delivering goods advance payment and the goods still to be delivered to the compensation of the claims concerning them. If the customer does not correspond to our backup or payment requests not timely, it is entitled to withdraw from all delivery contracts with the customer.
Maximum order value on account 5,000 euros.
Partial deliveries are permitted. We are entitled to deliver even before an agreed date. Will be apparent after the conclusion of the contract that the delivery by force majeure, natural disasters, war, official interventions, labor compact measures, turmoil, malfunctions in the factory or subcontractors, traffic sticks, operating restrictions, lack of material, unpredictable, missing or non-timely supply by subcontractors or other like Reasons, which affect or block the raw material supply, is impossible or can not be done on time, the delivery obligation is resting for the duration of the obstacle and in the scope of its effect. If this is not reasonable for the customer, he is entitled to withdraw from the contract after a reasonable period to be carried out by him. We have non-deliveries or delayed delivery from the above mentioned reasons. A claim for damages or expenses is excluded. For delivery delays, which the customer has to be represented, agreed delivery periods and delivery dates are extended accordingly.
For orders of special products, when manufacturing the final output is not precisely overlooked, we may supply 10% of the order quantity with the appropriate calculation with plus minus. This also applies to individual subsets.
Shipping and transport, even if we take over the shipping costs, in any case for account and risk of the recipient. The risk is about as soon as the goods are handed over to the shipping officer, but at the latest with leaving our warehouse. If the delivery is delayed for reasons that the customer has to be represented, the transfer of risk already enters the display of readiness readiness. Shipping and shipping route will be determined by us, unless a deviating agreement was made with the customer.
5 Riftiards, warranty
Complaints due to damage or misalignments of the shipments must be determined immediately by the customer upon receipt, including a railway, post office office or forwarding operations and appropriate claims for bombasei.
Incidentally, the goods must be checked immediately upon receipt for their contractuality. Recognizable deficiencies, misalignments and incorrect deliveries must be reported in writing immediately under exact specification of the date and number of the relevant delivery note. Concealed defects must be notified immediately after visibility in the form described above. Requested goods must be returned immediately, unless another regulation is made with bombasei.
The traceability of the products manufactured by the customer using the semi-finished products of the seller must be ensured by the customer according to the EU 178/2002 Regulation.
The warranty for material defects is limited to the delivery of faultless replacement goods. If the replacement fails fail, the replacement is unreasonable to the customer or, Bombasi denies the performance seriously and finally, the buyer can reduce the purchase price or withdraw from the contract. The liability for damages is limited in accordance with the para. 6. This also applies to a claim for expenses.
The goods must be treated according to the transport and storage conditions described in the respective product specification. If the delivered goods are covered or processed, in particular contrary to the specifications of product specification, a warranty is excluded. A warranty is accepted only in case of intended processing and processing.
All claims derived from the defectiveness of the goods, including any claims for damages expire in one year from the date of delivery of the goods. This also applies to any competing converging claims for damages due to exceptional liability. Excluded from this scheme is the liability for intent.
We are liable for damages, for whatever legal reason, only for intent or gross foleness of our organs or assistants. The above disclaimer for simple negligence does not apply to the violation of material contractual obligations, unless it is liability for material actions. The liability for breach of essential contractual obligations is limited to the typical predictable damage. When causing a shading from the violation of life, body or health, we are also liable for simply negligence. Overall, our liability is limited to the maximum coverage of our liability insurance with currently 250,000 euros6.2A claim for damages due to a guarantee we assumed and liability under the Product Liability Act or other compelling liability standards remains unaffected by the above provisions.
Claims for damages from contractual liability expire in one year from delivery of the goods, exposed to intent.
7 Retention of title
We reserve the right to complete all our current and future receivables from the business relationship with the acceptance of the ownership of the delivered goods.
It is permitted to the customer to transfer or process the goods in regular business operations. If our ownership is based on the resale or other legal reason, under the delivered goods, the claims covered by the resale go to third parties in the amount of our demand for us. In the case of processing, connection, mixing or mixing of our reserved goods with other, not to us, the contracting parties agree that the customer is already co-ownership after the attention of the objective market value of the reserved goods to that of the other at the time The processing, connection, mixing or mixing transfers and these were free of charge for us. Insofar as the stuff is in possession of a third party, the customer enters his claims against this, in particular his publication claims already to us. We accept the assignment. The items obtained in accordance with the provisions of this paragraph in our property or co-ownership apply as reserved goods in the SIMME of para. 1 and the following provisions.
Until full payment of all our current and future receivables from the business relationship with the customer, the customer already occurs securely all claims from the further agent of reserved goods to us. We accept the assignment. The customer is authorized to confiscate the pre-deducted receivables in the proper business transition.
The power of the customer is available from the items and ratings to be presented to us upwards, if the customer is exposed to the customer or if the customer is threatened with the asset evaluation or we are available to our approval or confiscation for non-contractual behavior (especially late payment) of the abnhemer, which endangers our security interests, recall. If our health resorts are impaired or endangered by measures of third parties, the customer must inform us immediately.
In the case of a non-contributory ratio of the customer, we are entitled to withdraw the reserved goods. The assertion of the retention of title and the seizure of the reserved goods after the deadline by us are considered to be withdrawing from the contract. A deadline does not need in the cases mentioned in the set.
8 Place of performance and jurisdiction
Place of performance for delivery and payments is Waldshut-Tiengen, Jurisdation Waldshut-Tiengen
9 partial ineffectiveness
If individual parts of these terms and conditions are ineffective or declared, the validity of all other conditions remains unaffected. The Contracting Parties are obliged to replace ineffective regulations by those which are legally effective and comply with the ineffective regulations according to the purpose and purpose and economic outcome as soon as possible.