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General terms and conditions

Prices, terms of payment

Scope

These terms and conditions apply exclusively, unless otherwise agreed in writing. Conflicting or deviating terms and conditions of the customer shall not be binding on us, even if we have not expressly objected to them or have made the delivery without objecting to conflicting terms and conditions.

Service and contract conclusion

  1. Our offers are subject to change. An order shall only be deemed to have been accepted if this has been confirmed by us in writing. Only the text of our order confirmation is binding.

  2. All data in our catalogs, sales documents, drawings and price lists as well as any weight and dimensional information are carefully prepared, errors excepted. We expressly reserve the right to make changes in the interests of progress and to deviate in form and color from article illustrations even after the order confirmation has been sent, provided that this does not significantly affect price and function at the expense of the customer.

Delivery times

  1. the delivery date of the order confirmation is not binding, unless a fixed date has been agreed upon.

  2. the delivery period shall be extended in the event of unforeseen, extraordinary or unavoidable events of any kind, in particular strikes, including illegal strikes, lock-outs, untimely self-supply and all other events for which we are not responsible, even if this only occurs during an already existing delay. The customer will be informed of this immediately in writing.

  3. In the event of a delay in delivery for which we are responsible, the customer shall grant a reasonable period of grace before asserting any rights arising from the delay. If the grace period is not complied with, the orderer can claim damages in the amount of 0.5 % of the delivery value for each completed week of further delay, for the entire duration of the delay, but not more than 5 % of the delivery value; further claims, also for non-performance, are excluded.

  4. If the contract is a transaction for delivery by a fixed date within the meaning of § 376 HGB (German Commercial Code), the customer shall grant a period of grace in the event of default in delivery. Only if the period of grace is not complied with may the customer withdraw from the contract in writing; the customer shall only be entitled to claims for damages due to non-performance if the cause of the damage was based on intent or gross negligence. Passing of risk 1. the risk shall pass to the customer when the goods have left the works or the delivery warehouse; this shall also apply to partial deliveries. The transport risk is not covered by us. Damaged cardboard boxes must be complained about in writing to the delivering forwarder on receipt so that any goods damaged or lost during shipment can be claimed from the forwarder. The dispatch is carried out on behalf of the customer.

Returns

Returns can only be made with our prior consent and only carriage paid.

Prices, terms of payment

  1. All prices are ex works, excluding 19% value added tax.

  2. Deliveries are generally only made after receipt of payment on one of our accounts.

  3. In case of different payment conditions to point 2, the goods remain our property until full payment is received. The extended retention of title applies.

Liability for defects

  1. We shall be liable for defects, which shall also include the absence of warranted characteristics, by repairing defects in design, manufacture and quality at our discretion free of charge within a reasonable period or by replacing the defective goods. Any further claims for damages that have not occurred to the delivery item itself are expressly excluded.

  2. Any replaced parts or goods shall be returned to us free of charge on request.

  3. Our warranty obligation requires that the customer informs us in writing of any visible defects within a period of 10 days after receipt. Defects occurring later must be reported in the same form and within the same period, calculated from the time of discovery.

  4. Our warranty obligation further requires that the goods are handled properly. Damage to fabric flags caused by prolonged driving at a speed of more than 100 km/h is excluded from the warranty.

  5. The warranty period is 12 months from the transfer of risk. We are liable for exchanged goods until the expiry of the warranty period applicable to the original delivery item.

Other contractual and legal claims

  1. Liability for slightly negligent and grossly negligent behaviour of our employees and vicarious agents is expressly excluded, unless it is a case of intent or gross negligence on the part of senior staff.

  2. As far as contractual claims are otherwise excluded, this also applies to legal claims of any kind.

  3. Contractual claims and claims in tort shall become statute-barred after six months, calculated from the discovery of the respective defect, insofar as the claims are based on an error or defect in our deliveries, which also includes the absence of warranted characteristics; however, the period of limitation shall be no longer than twelve months, calculated from the passing of risk.

Place of jurisdiction

  1. The place of jurisdiction for all claims arising from the underlying contractual relationship, in particular for purchase price claims, is – irrespective of the amount in dispute – the local court in 59821 Arnsberg.

  2. For the rest – also for export contracts – German law shall be deemed agreed; the provisions of the Uniform Law on the International Sale of Goods are expressly excluded.

Kontakt

Camatta Kunststofferzeugnisse
Buchholz 11
59846 Sundern

Tel: +49 (0) 2933 / 79303
Fax: +49 (0) 2933 / 79304

info@camatta-kunststoff.de

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