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INTERNATIONAL TRADING
FELDHOOPSTÜCKEN 51F, D - 22529 HAMBURG
Tel: +49 - 40 - 51 49 14 64
fax: +49 - 1805 - 060347 90476
e-mail: info@nautical-shop.de
Terms and conditions of sale and delivery
1. General
The acceptance and execution of all offers, deliveries and orders are governed by these Terms and Conditions. In placing an order the Customer expressly recognises these Terms and Conditions.
2. Quotation
All quotations and price lists are subject to change without notice. Technical details and drawings are approximate and depend on the manufacturer in question. No warranty is given for special customised versions and they cannot be exchanged. The Supplier reserves the right to make improvements to the products involving changes in their form and construction. The prices indicated in the quotation are subject to the reservation that there is no change in the data of the order on which the quotation is based. The prices include statutory value added tax and are applicable ex Hamburg. The Customer may be charged for any subsequent changes that the Customer makes to an order.
3. Delivery / shipment
Delivery shall be effected plus costs for packaging, carriage charges and insurance. Delivery dates are only valid if the Supplier has expressly confirmed them in writing. The choice of the freight forwarder is at the supplier’s discretion. Any delivery times which are indicated are not binding. Interruptions to operations – both in the business of the Supplier and in the business of one of its own suppliers - do not give the Customer the right to cancel an order. This shall not affect the principles governing frustration of contract. Consignments delivered in Germany are inclusive of statutory value added tax. This also applies to goods whose shipping documents bear a domestic address, even though the goods themselves are shipped abroad. No value added tax is charged on consignments which are shipped to destinations outside the European Union by the Supplier or a carrier. Value added tax is payable on consignments shipped to destinations abroad by customers who collect the goods themselves.
4. Order processing and conclusion of contract
During the order processing you will recieve an e-mail with non binding information. This e-mail does not yet constitute an agreement. Your order will be executed under my General Sales Conditions and an acceptance of your order (acceptance of contract) is only valid after the despatch the ordered item(s).
5. Payment
Payment (the net price plus value added tax) is due within 14 calendar days of the invoice date without any deductions. Customers placing an order for the first time must make advance payment or pay by cash on delivery! A 2 % cash discount is granted for payment in advance, by direct debit or by cash on delivery. (No cash discount is granted on carriage charges, postage, insurance and other shipping costs.) All customers without exception must pay in advance if the goods are to be shipped abroad. The invoice is issued on the date of delivery, part delivery or on the date when the goods are ready for delivery. Customised versions are only possible if payment is made in advance. The same applies in the case of deliveries to the ultimate customer. If payment is made after the agreed date, default interest shall be charged as from the 15th day. The rate of interest shall be the interest on current account charged by our commercial bank.
6. Reservation of title
All goods are delivered on the express understanding that they shall remain our property until the Buyer has met all its obligations under the contract. The Buyer may not pledge, lease or relinquish the goods to third parties as long as they remain our property. Goods under reservation of title must be properly stored. If the goods are processed, the Buyer must assign all rights to the ownership of the resulting product to ourselves.
7. Warranty / complaints / rescission
The Customer must immediately examine the goods for possible defects after they have been received or when they are handed over. If defects are found the Supplier must be notified within 8 days. Returned goods shall only be accepted by prior agreement and if they are sent free of charge.
For the goods that it supplies the Supplier gives the same warranty that the manufacturer of the goods is obliged to give by law in the area of the EU. If a justified complaint is made, the Supplier's warranty for any defects shall be to deliver a free replacement or to credit the amount charged, as the Customer may choose. The Supplier assumes no further liability. The Supplier shall not be liable under the warranty if the goods have been altered or incorrectly handled by the Buyer or by third parties. Furthermore the Supplier shall not be liable for normal wear and tear and excessive strain.
The Customer only has the right to demand subsequent improvement or a replacement delivery, as the Supplier may choose. Defects in some of the delivered goods do not give the Customer the right to complain about the consignment as a whole.
The contract of sale may only be rescinded in accordance with the provisions of the Distance Selling Act (Fernabsatzgesetz). The packaging may be opened in order to check the delivered goods. If the goods have been used to an extent that goes beyond mere checking before they are returned to us, we must be provided with adequate compensation for the use of the goods if such goods are returned. It is not possible to return articles that have been fitted or altered. Prior notice must always be given if any goods are to be returned. The Customer will then be given a processing number as a reference. The return of software that has been opened will not generally be accepted.
8. Alterations
The Supplier reserves the right to make alterations to the prices and modifications in the interests of technical progress. Any amendments to the Terms and Conditions shall require the Supplier's written consent. If any individual provisions of these Terms and Conditions should be void, this shall not affect the validity of the remaining provisions.
9. Place of jurisdiction and place of performance
The place of jurisdiction and place of performance is Hamburg. These Terms and Conditions are exclusively governed by German law.
Hamburg, January 2007
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