Terms and conditions

Terms and conditions

Business, sales and delivery


I. General

1. All contracts concluded with us are subject to the following conditions. They are a legally binding part of the contract for all business transactions and are recognized when order is placed by the buyer as binding. Oral side agreements have been made. If the buyer, different terms and conditions, collateral agreements and amendments are not effective in every case our express written consent.

2. If individual parts of the following conditions be ineffective, this shall not affect the validity of the remaining agreements. Is mentioned in the terms of the entrepreneur, at the same time the legal entity of public law or public special assets involved.

3. Performance and the extent of the purchaser is an entrepreneur has exclusive jurisdiction for all present and future claims arising from business transactions, including claims arising out of checks and bills for both parties in respect of all liabilities Schkeuditz. German law applies.

II. Offer and contract conclusion

1. Our offers are always subject to change. References to information and illustrations in catalogs and price lists are illustrative only and does not commit us to building or dimensionally accurate delivery. The decisive factor is the commercial and standardized quality of the item. The buyer is not a consumer warranty takeovers are effective only with our written confirmation. Public statements made by other manufacturers bind regarding the nature of a purchased item to us about a buyer who is not a consumer, unless this information is confirmed in writing by us. In terms of brand products are considered an integral part of these Terms and Conditions, the "Additional Terms for the sale of branded products" of the respective manufacturers.

2. Prices are in € on collection from the warehouse or factory. All prices are subject to change. When delivered by us will be charged pro rata cost of transportation and management packages. For overnight and express deliveries, we charge according to the designed weight of our zones and rates. Decisive are always on the day of delivery prices exclusive of VAT applicable at this time.

3. If, after conclusion of circumstances which are to reduce the creditworthiness of the buyer's suitable, we are entitled to suspend further deliveries to demand collateral, setting a deadline and to demand advance payment and after this period of the contract in whole or in part.

4. The packaging costs are not included in price. The packing is calculated at minimum price and redeemed in accordance with legal regulations. If the packaging is returned within one month of using the old free bearing signs of the user, then unless otherwise agreed two thirds of the calculated value will be credited.

III. Supply, delivery delay and loss

1. Delivery dates are not binding unless agreed otherwise in writing. Partial deliveries are permissible. Special circumstances, such as force majeure, strikes, etc. extend the delivery time, reasonable and entitle us to rescind the contract in whole or in part, unless the purchaser is an entrepreneur. If such disruptions to a postponement of more than 4 months can withdraw from the contract the buyer. Other withdrawal rights are not affected. Damage claims are fourth in Section V. regulated.

2. The buyer can put us at the earliest after expiry of the agreed delivery date in writing in default. An entrepreneur needs to ask to withdraw from the contract to damages or to inform us beyond a reasonable deadline for subsequent performance.

3. The risk of loss or damage to the goods ordered by an entrepreneur goes to the dispatch to the customer, even if partial deliveries or free delivery had been agreed. An insurance policy is only on request and is charged to the buyer. The choice of transport routes and means occurs in the absence of specific instructions by us without liability for the cheapest and quickest method. Failure to comply with delivery dates not absolve the contractor of the purchase obligation. Damage claims are fourth in Section V. regulated.

4. If we demand damages for groundless refusal of the buyer accepts the goods so that 15% of the purchase price. The damage amount is higher or lower, if we prove a higher or the buyer a lower damage.

5. With special design remains a more or less than 10% of delivery subject to the quantity ordered.

6. We note that deliveries in the maximum case can take up to 12 weeks

IV. Payment, late payment and setoff

1. Payment must be made within the deadline so that we required the settlement of the invoice amount on the due date is available. Agreed with the buyer pay by direct debit, it authorizes us to, recover from the specified bank account all balances. At the same time the bank of the buyer is already instructed us or any third party authorized by us for non-payment of direct debits and direct debits for appeal of the requirement to notify the buyer's name and address so we can make our claim. Money orders, checks and bills are only accepted for payment under all collection and discount charges.

2. Representatives or other employees are not authorized to collect. Payments to these individuals, thus not exempt from the payment obligation to the user, unless they have a power of attorney to receive payments.

3. If partial payments have been agreed, the entire balance regardless of the maturity of any changes will be immediately due and payable, if

a) the buyer who is not an entrepreneur, with at least two consecutive installments in whole or in part, is in default and is the amount by which payment is in default, at least 1 / 10 of the purchase price.

b) the purchaser is an entrepreneur with a rate 14 days in arrears is, he has suspended payments or has instituted against its assets, the insolvency proceedings.

4. If the buyer is in arrears, we are entitled to declare all outstanding bills from the business under revocation agreed maturities with a payment period of 10 days overdue. Business, sales and delivery

5. Opposite of purchase price is offset permitted only with undisputed or legally established delinquencies. The assertion of retention rights and other denial of service is excluded, unless they originate from the same contract.

V. Warranty and Liability

1. After collection or delivery of goods must be checked immediately for correctness, completeness and integrity or quality defects and in our view, the buyer is not a consumer within 2 days. The requirement is that the goods have been duly acknowledged. Hidden defects must be reported within one week of discovery. Caused by failure to display more of these defects or damage is excluded warranty. Regarding second-hand equipment, the warranty is excluded.

2. Shipping damage or shortages are to be certified on the bill of lading by the train, otherwise by the driver and the people involved in the discharge, indicating the names and addresses.

3. We determine where force majeure occurrence of a defect, if we replace or repair, unless the buyer is a consumer. In the case of subsequent performance in favor of a purchaser who is not a consumer, we do not bear such costs arise from the fact that the nacherfüllungsbedürftige matter was brought to a place other than the business premises of the Buyer, provided that this does not correspond with the intended use of the item. The warranty period for the buyer who is not a consumer, a year after delivery of the thing. Is to verify the defectiveness of the submission of the delivered goods to the supplier is required, the subsequent delivery is subject to the proviso that the defectiveness of the delivery item is confirmed by the supplier. The replacement is done in such a case only against invoice.

4. Damages instead of performance may be required of the buyer. We are liable for negligence for personal injury and property damage typically occurring and predictable, resulting from the breach of contractual obligations. In addition, the liability is limited to property damage have been caused by our gross negligence or willful misconduct. If the damage is by the purchaser for the particular event insurance (except sum insurance), we are only liable for any detriment caused to the buyer, such as higher insurance premiums or interest until the settlement of claims by the insurance.

5. For all submissions, or returns the delivery (packing slip) must be enclosed. The obligations on the occasion of an unjustified complaint shall be borne by the buyer.

6. Special orders and non-stock goods which are manufactured according to customer orders and are excluded from return, exchange, change or reduction.

VI. Retention of title

1. We reserve the ownership of the goods delivered until all payments from the respective supply agreement. If the buyer is an entrepreneur, the retention of title also applies to the claims (including all balance claims from current accounts and current accounts), we have from ongoing business to the purchaser. Goods to which we have (co-) ownership are referred to as subject goods.

2. Connection, processing, transformation, and the like of the delivered items shall always be for us as manufacturer, but without any obligation on our part. The buyer then receives the amount of our share ownership an entitlement to the subject matter. If our (co-) ownership without prejudice, however, it is hereby agreed that the (joint) ownership at a pro rata basis (invoice value) is transferred to us.

3. The buyer may sell reserved goods only in the ordinary course of business or process. Reservation of title other than those in Section VI. Second these reasons, in particular through resale, etc., then the buyer to us now from his claim resulting from the security, whether he sold the goods together with other services or to one or more buyers. The buyer is immediately informed of the agreed assignment prohibitions. At our request, he announced the assignment of the garnishees issued, all of us to assert our rights and necessary information from the documents handed to us.

4. The buyer is entitled to revocation, to collect our receivables assigned pursuant to the above conditions for us, he has received the amounts paid to us immediately. In case of default or insolvency of the buyer this authorization is omitted without notice. If the realizable value of our backups our claims (including all balance claims from current accounts and current accounts) by more than 10% we enter upon the Purchaser in excess of free backups of your choice.

5. The buyer is obliged to handle goods with care to see to it occurring costs and to keep free. He may not pledge, as security or in a similar way they have. Such impairment must be immediately communicated to us. The buyer, the contractor, is obligated to sell the reserved goods against fire and theft at his own expense to insure and to us on this request by submitting the insurance policy and the last premium receipt.

6. If the buyer defaults or does not fulfill his obligations under the reservation of ownership, we can reclaim the goods delivered by the purchaser and after written notice with a reasonable period taking into account of the proceeds to the purchase price by private sale the best possible price.

7. If we demand surrender of the delivery item, the buyer to the exclusion of any rights of retention - unless they are based on the delivery - insure the delivered item immediately return them to us. In the event of his default in payment, the buyer hereby irrevocably allows us to pick up the reserved goods immediately and to enter his business unhindered and storage rooms for this purpose.

8. All costs of collection and recovery of the delivered goods by the buyer. The utilization costs without proof of the proceeds, including 10% VAT. They are higher or lower, if we can prove higher or lower costs of the buyer. The proceeds will be the buyer after costs and other related credited with the contract demands of us.

9. Handled the matter, the buyer of his obligations under the ownership or title in accordance with does not meet its reporting obligations, the maintenance of the contract is unreasonable for us. We can then - if necessary after a deadline - to rescind the contract and claim damages instead of performance.

VII. Returns

According to order properly delivered goods may not later than 8 days after delivery and only in the exceptional case that requires our express consent, be withdrawn. If this is the case, and the goods are in perfect, salable condition and in original packaging, a credit will be issued at the min. Brought 20% of the value of a restocking fee deducted.

Schkeuditz, im August 2006, K-Sport Germany
USt.-Id.-Nr. DE 249993122