1. the following terms and conditions shall be deemed to be recognised by the purchaser as binding for business transactions, unless otherwise agreed.
2. for companies with which Glashütte Valentin Eisch GmbH (hereinafter referred to as "Glashütte Eisch") does not have a regular business relationship, the receipt of satisfactory credit information is a prerequisite for the fulfilment of an order, even if this has already been confirmed without reservation. The sale of Eisch products is only permitted to private individuals via stationary specialised retailers. Sales via the Internet or sales to resellers require special written authorisation from Glashütte Eisch.
3. all offers are subject to change. The order is only binding for Glashütte Eisch after written confirmation of acceptance. Business agreements made by telephone, fax, e-mail or by commercial agents require written confirmation to be legally valid.
4 Prices are quoted in EURO ex works plus transport packaging, shipping costs and statutory VAT. The prices and conditions valid on the day of delivery shall apply.
5. packaging shall be at the discretion of Glashütte Eisch. The goods shall be dispatched ex works Frauenau at the expense and risk of the buyer. Glashütte Eisch shall not be liable for breakage, damage or loss during transport. Glashütte Eisch may make partial deliveries without consulting the customer, unless partial deliveries are expressly excluded by the respective purchase contract. Each partial delivery shall be deemed a transaction to be invoiced separately.
6. notifications of delivery times shall not be deemed binding assurances. In the event of a delay in delivery by Glashütte Eisch, the purchaser must in any case set a grace period appropriate to the circumstances, which must be at least four weeks. After expiry of this period, the Buyer may withdraw from the contract if the goods have not been notified as ready for despatch before expiry of the period. The buyer is obliged to accept any partial quantities already produced by Glashütte Eisch under the agreed conditions. Claims for damages due to delayed fulfilment or non-fulfilment are excluded. The delivery period shall be extended appropriately if unforeseeable obstacles arise for Glashütte Eisch, e.g. official interventions, delays in the supply of energy and raw materials, strike, lockout or fire.
7. events of force majeure or events of technical origin that significantly restrict Glashütte Eisch's production shall entitle Glashütte Eisch to withdraw from the contract. In the event of a longer duration of such operational disruptions, Glashütte Eisch shall be entitled to immediately deliver the partial quantities already produced for existing orders. An obligation to pay compensation for covering purchases cannot be recognised. In such cases, claims for damages on the part of the purchaser due to delayed delivery shall also be excluded. Significant changes in exchange rates shall also be deemed to be an event of this kind.
8. deviations in dimensions, contents, weights and colours caused by the production process are permitted within the scope of what is customary in the trade.
9. the supplier shall not provide compensation for samples and templates sent in the event of loss, damage or breakage. Tools and moulds are the property of the supplier, even if the buyer has assumed the acquisition costs in whole or in part.
10. the buyer shall be liable for ensuring that the order placed by him on the basis of his own specifications for shapes, colours, sizes and weights does not infringe the industrial property rights of third parties. Furthermore, the Buyer shall be liable for all damages, costs, etc. incurred in such cases due to the infringement of third-party rights.
11. the buyer must inspect the goods upon receipt for completeness and externally recognisable defects and report any complaints in this respect in writing within 14 days of receipt of the delivery at the latest. Defects that are not externally recognisable must be reported in writing immediately after discovery, but at the latest within 6 months of delivery. Otherwise the delivery shall be deemed to have been properly performed. §§ Sections 478 and 479 of the German Civil Code (BGB) and further obligations to inspect and give notice of defects in accordance with Sections 377 and 378 of the German Commercial Code (HGB) remain unaffected. Failure to give notice of defects in good time shall exclude any warranty claims by the customer. The complaint does not interrupt the warranty period. Rejected goods must be sent to Glashütte Eisch for inspection. Glashütte Eisch shall be liable for defects that already existed at the time of the transfer of risk. Glashütte Eisch may replace such goods or repair them free of charge. If repair is not possible or fails, the customer shall be entitled to a reduction of the purchase price or cancellation of the purchase contract.
12. Glashütte Eisch shall remain the owner of the goods until full payment of the claims to which it is entitled from the entire business relationship, including interest and costs until full encashment of the bills of exchange and cheques given for this purpose. If, in connection with the payment of the purchase price by the Buyer, a liability of the Seller under a bill of exchange is established, the reservation of title as well as the underlying claim from the delivery of goods shall not expire before the bill of exchange has been honoured by the Buyer as drawee. In the event of resale, the buyer shall assign to Glashütte Eisch the claims arising from the resale against the third party to secure the aforementioned claims of Glashütte Eisch. The Buyer shall be authorised to collect the claims arising from the resale until revoked. Glashütte Eisch undertakes to release the assigned claims at its discretion insofar as they exceed the claims to be secured by more than 25% and they originate from fully paid deliveries. The Buyer is obliged to provide Glashütte Eisch with information about the debtors and the amount of the assigned claims at any time. Glashütte Eisch may notify the third-party debtor of the assignment as soon as the Buyer is in default of payment. Glashütte Eisch must be notified immediately of any third-party claims that encroach on its rights.
13. a right of return within 2 years shall be deemed agreed for objects supplied under the designation "Poetry in Glass". The period begins with the invoice. The buyer shall bear the costs of return despatch. The buyer also bears the risk of breakage during the return shipment.
14. invoices are payable in EURO - within 14 days of the invoice date, irrespective of the date of receipt of the goods, less 2% discount or - within 30 days of the invoice date, irrespective of the date of receipt of the goods (net without deduction). Bills of exchange and cheques shall only be accepted by special agreement and on account of performance without discount. All costs of collection and encashment shall be borne by the purchaser. Default occurs within 30 days of the invoice date, irrespective of the time of receipt of the goods. Interest on arrears or discount charges shall be charged from the 31st day after receipt of the invoice. These are 5% above the base rate of the ECB. Glashütte Eisch shall be entitled, despite any provisions of the customer to the contrary, to initially offset payments against the customer's older debts. If costs and interest have already been incurred, Glashütte Eisch shall be entitled to offset the payments first against the costs, then against the interest and finally against the principal performance. The customer shall be informed of the type of offsetting that has taken place.
15. default in payment and other breaches of contract by the customer shall entitle Glashütte Eisch to withdraw from the contract or to claim damages for non-performance after the expiry of a reasonable grace period. If the customer is in default of payment, Glashütte Eisch shall also be entitled, subject to prior notice, to exercise the right of retention for all outstanding deliveries or to demand advance payments.
16 The contractual relationship shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of fulfilment for delivery and payment is Frauenau. The exclusive place of jurisdiction - also for actions on cheques and bills of exchange - is the court with local jurisdiction for Frauenau.
17 Should individual provisions of these General Terms and Conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by valid provisions whose effects come closest to the original economic purpose.