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1. Range of Validity
(2) Offers published in prospect material, advertisements, price-lists etc. are – also regarding price indications – without engagement, subject to change without notice and not binding.
(3) Secondary agreements must be confirmed in writing in order to become valid.
(2) Additional costs for special requests from the buyer (e.g. express, courier) shall be borne by the buyer himself.
(3) If the order quantity of an order falls below ten pairs of shoes, we are entitled to invoice a freight/arrangement allowance to the amount of 9.90 EUR. As far as accessories are concerned, we will not charge a freight/arrangement allowance if the merchandise net value is 360.00 EUR or more.
5. Title of Property
The buyer shall be entitled to collect the respective claims against its customers also after the assignment of these claims to us. Our right to collect these claims in our own name remains unaffected. However, we shall be obliged to refrain from a collection in our own name as long as the buyer fulfils any and all of its payment obligations vis-à-vis us. If the buyer makes use of its right to collect the claims against its customers we are entitled to the respective proceeds in the amount of the delivery price as agreed for the goods subject to the retention of title.
We shall be obliged to release the securities which we are entitled to upon request if the marketable value of the securities exceeds the secured claims by more than 20 %.
If we accept a bill of exchange as means of payment we shall retain the full title to the goods delivered by us until it is unambiguous that we shall not be called upon with respect to the bill of exchange.
6. Terms of Delivery
(2) The same applies in case of labour disputes (strikes and lock-outs).
(3) Should the buyer intend to claim indemnification due to non-fulfilment, he is obliged to set us a grace period of at least 24 days giving us notice that he will decline fulfilment after expiration of this grace period. The grace periods shall not begin before the receipt of the letter at the buyer’s premises and not earlier than after expiration of the delivery date. This procedure also applies if the buyer demands fulfilment of the contract.
(4) Transactions for delivery at a fixed date are not carried-out.
7. Guarantees and Liabilities
(2) The warranty period comprises 12 month and starts with the delivery of the goods.
(3) If the subsequent improvement or replacement delivery fails, the buyer can, under exclusion of other guarantee claims, insist on their correct repetition within an appropriate grace period. Should the further subsequent improvement or replacement delivery fail the further rights of the buyer shall be subject to statutory law.
(4) The notice of visible defects has to be submitted in written form. It should be made and proved within 10 days after receipt of goods, in case of delivery before the agreed delivery date, within 10 days after the agreed delivery date.
(5) In case of hidden defects, statutory law shall apply.
(6) The goods subject to a notice of defect may only be sent back to us with our approval and free of charge for us, unless we have not respond to the notice of defect within 10 days.
(7) In case of notices of defects with respect to single pairs the simultaneous return of the goods together with the respective notice is admissible. Such notices of defect have to be settled on our part within 15 days, starting on the provable date of dispatch, otherwise the buyer is entitled to charge the equivalent value. Dispatch from both parties involved has to be made by registered mail. Should the buyer dispatch the goods not by registered mail, the notice of defect has to be dealt with from the seller within 10 days after receipt of the returned material. In this case the dispatch of the goods from the seller can also be made in non-registered form.
8. Exclusion of indemnity claims
(3) Further indemnity claims are excluded.
(2) An open credit may not exceed 30 days after date of invoice. On exceeding the credit period or in case of non-adherence to the payment date of the agreed pre-payment, the interest rate will be 5 percentage points above the prime rate in accordance with Section § 247 of the German Civil Code for consumers and 8 percentage points above the prime rate in accordance with Section § 247 of the German Civil Code for legal transactions with entrepreneurs, at least, however, 6 percent for consumers and 9 percent for entrepreneurs. The seller has to prove a higher loss of interest, the buyer the lower loss of interest.
(3) In case of cash payment into a lossless balance within 10 days after the date of the respective invoice we shall grant a cash discount of 2 %.
(4) Invoices from 1. to 10., 11 to 20 and 21 until the last day of the month can be added up to the respective last day of this period of time, unless differing arrangements have been made.
(5) Acceptances and remittances of customers shall not be deemed as payment in cash.
(6) Subject to a respective agreement we and the buyer may agree on the presentation of stamped Three-Months-Acceptances free of charge or bankable remittances of customers. The presentation has to be performed 30 days after the date of the respective invoice at the latest. Ancillary costs shall be borne by the buyer.
(7) The contracting parties may agree upon one or more of the conditions listed above under para. (6).