Our sales terms and delivery conditions apply exclusively; we do not accept contrary or opposing conditions to our sales terms and delivery conditions unless we have expressly assented to them in writing. Our sales terms and delivery conditions shall also apply if we render our service to the purchaser without any reservation in knowledge of contrary or opposing sales terms and delivery conditions of the purchaser. Our sales terms and delivery conditions apply also for all future business relations with the purchaser.
Prices are net prices and do not include VAT, which generally must be added according to the currently applicable statutory rate.Offers are calculated based on the values in the inquiry or customer specifications.
The seller reserves the right to adjust prices accordingly should the aforesaid prove to be incorrect at the conclusion of the contract or due to samples being submitted at a later date.Unless deviating agreements have been confirmed in writing by the seller, concluded contracts shall, as a matter of principle, be subject to these terms and conditions.
In a current business transaction, these terms and conditions shall also be valid in cases where no written offer has been made or a confirmation of order exists. This is also applicable in the case that the buyer has knowledge of the seller's terms and conditions of trade from prior business transactions.
The seller's current price lists shall be valid as a matter of principle, if the bagobag GmbH price lists have been taken as a basis for the conclusion of the contract, even in such cases where the buyer has not requested these before ordering and thus has no knowledge of their contents.
Verbal agreements or those made by telephone are only binding if they have been confirmed in writing by the seller. This generally occurs through provision of a written offer in the form of an email, letter, or fax.
In the case of foreign transactions that have not been completed and where the foreign currency has in the interim period been devaluated, the seller reserves the right to adjust the contract in such a way as to bring the € value of the goods in line with the value valid at the time of the conclusion of the contract (before devaluation).
E-mail communication shall be recognised reciprocally as being legally effective without requiring an electronic signature in accordance with § 126a German Civil Code. This is, however, not applicable to the termination of contracts nor to substantial changes to a contract. Changes shall be regarded as substantial if they change the scope of the contract by at least 30% or if the goods that have been ordered are to be replaced by others. In the aforesaid cases the buyer's written confirmation is required to achieve legal effectiveness.
The assumption of guarantees requires an express written agreement in which the kind and scope of the guarantee is defined.
All prices are net prices, plus legally required VAT in Germany.
If the printing documents required for the order are not in your hands or are already incomplete, please let us know. We are able to quickly and inexpensively solve any problems of this kind. In case of delivered files, please include fonts, images and a masted printout.
Unless otherwise agreed, a deposit of 50% of the calculation price is due after the approval for printing. The remaining 50% is due when the seller is ready to ship.
If the purchaser proves that he has not received an invoice within 3 days of its issue, the deadlines shall be extended accordingly.
If a discount agreement exists with the Buyer, a discount deduction is only justified if at the time of expiry of the discount period no other invoices are outstanding for which the payment period of 14 days has already been exceeded.
In the event that the payment deadline is exceeded, the Seller shall be entitled to demand interest on arrears in the amount of 5% above the base interest rate.
Any discounts, bonuses and freight reimbursements granted shall be forfeited in the event of court or out-of-court settlement proceedings, insolvency or default in payment (§ 286 BGB) and in the event of legal enforcement. The same legal consequences shall apply on the 15th day after the due date of the invoice.
Means of payment other than cash, bank transfer or cheques shall only be accepted by express agreement. The costs for the collection of bills of exchange as well as the discount charges shall be borne by the buyer. These are to be paid in cash in advance. Finance bills are generally not accepted. A payment shall only be deemed to have been made when the seller can dispose of the amount. In the case of payments by check, payment shall be deemed to have been made only when the check is credited after immediate deposit.
In the event of the existence of several claims, the Seller shall be entitled to set off payments made by the Buyer against its claims in the order in which they fall due. The right of determination of the debtor according to § 366/1 BGB is excluded in this respect.
The delivered goods (= goods subject to retention of title) remain the property of the seller until full payment has been made.
The buyer is entitled to resell and/or use the goods in the ordinary course of business as long as he is not in default of payment. In this case, the claim arising from the resale shall take the place of the retention of title. In the event of processing (§ 950 BGB), the new product shall take the place of the delivered goods. In the event of combination (§ 947 BGB) and mixing (§ 948 BGB), the Seller shall retain co-ownership in the amount of the share corresponding to the ratio of the value of the items at the time of combination (extended retention of title).
The retention of title as well as the surrogates replacing it shall not expire until all claims of the Seller arising from the business relationship have been settled (current account retention).
If the value of the collateral exceeds the total claim of the Seller by more than 20%, the Seller shall be obliged to release the collateral at the request of the Buyer.
As long as the retention of title exists, the Buyer shall not be entitled to pledge the goods or to assign them as security. If the Buyer acts contrary to this and third parties thereby acquire rights to the Seller's reserved property in good faith, the Buyer shall be obliged to compensate the Seller for damages.
In the case of payment by check or bill of exchange, ownership shall not pass to the Buyer until the Seller's account has been credited.
If liquidity difficulties of the Buyer become known or if the Buyer defaults on a payment, the Seller shall be entitled to demand immediate payment of all outstanding invoices, including those not yet due, and to demand cash payment for all outstanding deliveries before delivery of the goods.
The Seller shall not be obliged to make any further deliveries under any current contract before full payment of invoiced amounts due, including interest on arrears. Resulting delivery time overruns shall not entitle the Buyer to cancel the order or to claim damages.
The Buyer's right to set-off shall be limited to undisputed and legally established counterclaims. Furthermore, in the event of complaints about delivered goods, the Buyer shall not be entitled to withhold or reduce payment of invoice amounts due from other deliveries until the matter has been finally clarified.
Please observe the legal requirements with regard to the fees incurred.
In the event of a breach of ancillary contractual obligations, the Seller's liability shall be limited to intent and gross negligence.
In all other respects, the Seller shall only be liable for compensation for typically foreseeable damage and, in addition, shall not be liable for loss of profit, consequential damage and loss of production.
These exemptions from liability shall also apply to tort liability and in favor of the Seller's vicarious agents and assistants.
Claims for damages, regardless of whether they are based on a material defect or not, and for which a limitation of the limitation periods is permissible, shall become statute-barred within one year from the end of the calendar year in which the claim arose and the injured party became aware of the circumstances giving rise to the claim or could have become aware without gross negligence.
Should any of these provisions of the above terms and conditions be invalid in whole or in part, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the provision that comes closest to the intended economic purpose in a legally effective manner.
These terms and conditions are binding for the buyer as soon as he has taken note of them or has been given the opportunity to take note of them. In principle, the current version shall be authoritative. If the Purchaser has not yet become aware of this version and has not had the opportunity to become aware of it, the version of its state of knowledge shall apply as a substitute.
If the purchaser cancels the order without bagobag GmbH being at fault, the services already rendered by us shall be invoiced proportionally and paid by the purchaser. With regard to the services not rendered, we shall be entitled to a lump-sum claim for damages in the amount of 15% of the order value, except in the case of termination for good cause. We reserve the right to prove higher or lower damages.
The place of performance and jurisdiction for deliveries and payments (including actions on checks and bills of exchange) as well as all disputes arising between the contracting parties from the contracts concluded between the parties shall be the registered office of the Seller (Berlin, Federal Republic of Germany).
The law of the Federal Republic of Germany shall apply exclusively.
The applicability of the UN Convention on Contracts for the International Sale of Goods and any uniform laws on the international sale of movable goods is excluded.
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