HORST URSPRUCH GmbH

General Terms and Conditions

HORST URSPRUCH GmbH

General Terms and Conditions of Sale, Delivery and Payment

  1. Orders shall only be accepted and executed by us subject to the following conditions. Other terms and conditions of the customer are only binding if we confirm them in writing for the respective transaction. The following terms and conditions shall also apply to follow-up orders, without this requiring any special agreement.
  2. Unless otherwise stated in the price list, prices are quoted per piece in Euros (€), excluding packaging and the applicable VAT rate. For net goods with a value of up to €25.00, we charge a handling fee of €5.00. Prices may be subject to change in the event of general increases in production costs. Packaging is charged for separately in each case.
  3. If the customer withdraws from a placed order without justification, we can claim 10% of the sales price for the costs incurred in relation to the processing of the order and for lost profit, irrespective of the possibility of asserting a higher actual loss. The purchaser reserves the right to prove a lower loss amount has been incurred.
  4. Unless otherwise agreed, shipment shall be made at the recipient's own discretion, but in any case at the recipient's risk. Any deviations between the delivery note and delivered goods or the invoice amount and expected amount are to be notified to us in writing immediately after receipt of the goods or, for deviations not immediately identifiable, as soon as they are identified, together with the reasons.
  5. The agreed delivery time shall be understood as only an approximate time. We reserve the right to make partial deliveries. We reserve the right to over- or undersupply custom-made products to the amount of 10%. Delivery of goods up to a value of €250.00 net shall take place ex works, higher order values shall be delivered free of charge.
  6. Payments must be made within 10 days of receipt of the invoice or an equivalent request for payment with 2% discount or 30 days net; amounts under €25.00 are generally net. If the payment deadline is exceeded, we reserve the right to charge interest of 5% above the respective ECB base rate.
  7. All deliveries are made retention of title with reservation of title until full payment has been received. The customer shall be entitled to resell the delivered goods in the ordinary course of business as long as and to the extent that it is not in default and/or is not experiencing payment difficulties. In the event of resale prior to full payment, the resulting claims shall be immediately assigned to us in full, without any express confirmation being required in the event of resale. We are therefore entitled to inform the third party of this assignment and to assert the claim against them if the customer is in default of payment.
  8. In the event of defects in the delivered goods, we shall, at our option, remedy the defect or replace the goods; claims by the customer for rescission of contract and reduction of the purchase price are excluded. Unless expressly agreed otherwise, the warranty period shall be based on the statutory provisions. Natural wear and tear is excluded from the warranty in any case.
  9. Changes of any kind or printing errors in technical data and prices do not provide entitlement to claims. Image-based representations are not binding.
  10. The place of performance and jurisdiction for all disputes arising from the contractual relationship shall be Remscheid, including cheque and bill liabilities.
  11. The contract shall remain valid even if individual provisions are invalid.

Conditions of sale and delivery

Export

  1. Deliveries of goods with a value of €1,000.00 net or more will be made DAF (delivered at frontier) or FOB (free on board) from a German port including packaging. Deliveries of goods with a value below €1,000.00 net will be made EXW (ex works) plus packaging costs.
  2. In the absence of special written agreements, shipment shall be made at the recipient's own discretion and risk in all cases.
  3. Place of performance for payments and deliveries is Remscheid. The place of jurisdiction for all disputes arising from the contractual relationship, including disputes over cheques and bills of exchange, shall be Remscheid, subject to the application of German commercial and sales law and excluding international sales law. However, the supplier shall also be entitled to sue at the customer's place of business and reserves the right that all disputes shall be finally settled in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with these rules.
  4. Changes of any kind or printing errors in technical data and prices do not provide entitlement to claims. Image-based representations are not binding.


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