Terms of payment and delivery for professional partners of Heinrich Geuther GmbH & Co. KG
All our deliveries are made subject to the following terms of delivery and payment. Any exceptional cases in which other terms apply especially any purchasing terms and conditions on the part of the purchaser require our express written agreement.
1. Quotation and order
Quotations are offered subject to confirmation. Orders will only be confirmed upon request. Any changes of personal or financial circumstances on the part of the ordering party, such as default in payment, bill protests or inaccurate information, which become known after any order is placed, entitle us to withdraw from the delivery contract or to introduce new terms and conditions (payment in advance or payment on delivery).
All prices are in EURO and are subject to confirmation.
Delivery shall be effected free of packaging with customary packaging ex works by the carrier of our choice. For orders with a value of goods of 665,- euros or more, the shipping costs incurred up to the buyer’s general cargo station will be reimbursed on the invoice. Export shipments will be dispatched free German border from 665,- Euro. Partial deliveries are permissible and may be invoiced separately. With all samples, models and colours we reserve the right to supply items exhibiting insignificant variation and to make any necessary technical changes. Stated delivery times are always non-binding unless we explicitly agree fixed deadlines or binding delivery dates and confirm them in writing. If any agreed delivery date is overshot, then the purchaser must allow an additional appropriate period of at least 18 days for delivery before withdrawing the order. In event of delay in delivery occasioned by no fault of our own, such as force majeure, stoppage etc., the ordering party‘s right to withdrawal does not apply. In such cases, the delivery period is to automatically extend by a suitable period. Compensation claims in respect of non-delivery or late delivery are excluded.
4. Passing of risk transport insurance
The risk passes to the ordering party upon dispatch from the factory. The delivering party is entitled to insure the goods at the cost of the ordering party if no instructions to the contrary were issued when the order was placed.
5. Payment terms
Our invoices are to be paid within 10 days after invoicing with 3% discount or after 30 days net. Delayed payment will incur interest at normal bank rate. If a purchaser is in arrears with payment of an invoice, then all subsequent invoices will become immediately due for payment.
6.Warranty and liability
All goods are subject to inspections prior to dispatch. Any complaints concerning a delivery on grounds of obvious defects as regards quality or quantity, can only be lodged, in writing, within 8 days of receipt. In event of transport damage, the purchaser is obliged to assert a claim against the postal service, rail service or carrier immediately upon receipt of the goods. If any defect is acknowledged by us, we reserve the right to remedy it. If this should not prove possible, then a replacement delivery of non-defective goods will be made. We are not liable for any loss or consequential loss occasioned by improper treatment or installation, overstressing or natural wear and tear. Claims in accordance with product liability law will be restricted in event of intentional or negligent non-compliance with our instructions for use.
7. Reservation of title
The goods remain the property of the vendor until all claims in respect of them are paid in full, including any incidental claims, compensation claims, claims arising in future and redemption of cheques and bills of exchange. The purchaser is entitled to on-sell the goods whilst abiding by the following provisions:
a) The purchaser herewith assigns to the vendor the accounts receivable, together with all subsidiary rights, if the goods subject to reservation of title are on-sold, to the value of the vendor‘s invoice. The vendor herewith accepts this assignment.
b) Reservation of title also applies in cases where individual vendor accounts receivable are included in a running account and the balance is worked out and accepted.
c) The vendor herewith releases deliveries fully paid for if the security resulting from the reservation of title exceeds by 10 % the accounts receivable to be secured.
d) Pledges or bills of sale in respect of the goods subject to reservation of title / the assigned accounts receivable, are not permissible. Neither is factoring these accounts receivable. e) Rights resulting from reservation of title and from every special version of such set out in these terms and conditions, apply until the vendor is completely released from any contingent liabilities entered into by the vendor in the interests of the purchaser.
8. Place of fulfilment place of jurisdiction
The place of fulfilment as regards deliveries and payment is Mitwitz. The place of jurisdiction is Kronach.