TERMS OF DELIVERY OF WILDCAT
I. COMPLAINTS / CONTACTAll queries or complaints in connection with these Terms and Conditions or the contracts to which they apply can be made in writing to Wildcat GmbH, represented by its general manager Martin Siedler, Wankelstrasse 5, 48599 Gronau, Germany or by e-mail to email@example.com.
II. SCOPEOur deliveries, work/services and offers are exclusively made on the basis of these Terms and Conditions of Sale. They shall apply to all future business relations even where these Terms and Conditions have not been expressly referred to. By placing an order and, at the latest, by taking delivery of the goods, the buyer is deemed to have accepted these Terms and Conditions. Any opposing terms and conditions on the part of the buyer are hereby excluded, unless in individual cases we have agreed to them in writing. In that case, the buyer’s terms and conditions shall not be applicable to follow-up transactions, but only to the transaction for which they have been accepted. Verbal ancillary agreements are not applicable.
III. OFFER / CONCLUSION OF CONTRACTOur offers are aimed at industry, trade, handicrafts, self-employed and professional persons. By placing their orders, they confirm that they will utilise the goods within the framework of their commercial activities in acc. with section 14 BGB (German Civil Code). The presentation of our range of goods does not represent a binding offer of contract. All the specifications and prices are without obligation. We assume no liability for faulty representation of our line of products. All the dimensions stated represent nominal values. Due to the limited possibilities of presentation, colours may deviate from the original. By sending his purchase order, the customer makes a binding offer. We reserve the right to decide at our discretion whether to accept the offer. Our employees are not authorised to enter into verbal ancillary agreements or give verbal assurances that go beyond the content of the written contract. We shall promptly confirm receipt of the customer’s purchase order. If there has been any error in the specification of the goods, we shall immediately submit a counter offer to the customer, which he is free to accept or reject. If we do not accept the offer submitted by a customer, we shall inform him/her forthwith. The contract is concluded with the proviso that we receive correct and timely delivery from our suppliers. This proviso shall only apply to wrong delivery or failure to deliver for which we are not responsible.
IV. DELIVERYIf a product is not available, we shall inform the customer and submit a counter offer. Delays in delivery or performance which are due to Force Majeure or due to events that substantially impede delivery or render it impossible (subsequent problems with obtaining material, disruption of operations, strike, lock-out, staff shortage, lack of transport, government intervention etc.) shall not give rise to compensation for damages. The same shall apply if such events have occurred with our pre-suppliers or sub-suppliers. In that case, we shall be entitled to postpone delivery and/or performance for the duration of the impediment, plus an appropriate lead time. If the buyer is in default of payment for a previous delivery, we shall be entitled to suspend delivery of the goods under the current order until the late payment has been effected. We are entitled to perform partial deliveries.
V. PRICESThe prices we quote are euro per unit, plus the statutory value added tax applicable on the date of delivery, unless it is expressly excluded. For orders of a product value of less than EUR 10 (net), we automatically add an extra charge for small quantities in the amount of EUR 5 (net).
VI. PAYMENTThe customer’s payment obligations shall only be deemed fulfilled when we or the vicarious agents commissioned by us definitively have the amount receivable at our disposal. Unless agreed otherwise, we effect delivery on the basis of direct debiting (not possible outside UK), advance payment, PayPal, Invoice or credit card, without deduction. We currently offer the payment made by direct debit only within Germany. Worldwide payment on account is basically possible. For both payment methods a verification is required. If you prefer this, please send us an e-mail to firstname.lastname@example.org We reserve the right to allow these methods of payment and also to withdraw them at any time.” If delivery has been made against invoice or direct debiting, the time allowed for paying the purchase price is stated on the respective invoice as a calendar date, so that there is no need to give notice of default by sending a reminder.
VII. MODES AND COSTS OF SHIPMENT / PASSING OF RISKReturn – Payment – Delivery & Returns Methods of payment: Invoice,advance payment (upon receipt of order, we shall send all the details required for bank transfer), credit card & direct debiting. We shall be pleased to submit calculations for the shipment of goods of a value in excess of the maximum values stated and deliverable to a EU country or to a third country, or goods for which additional service is desired (e.g. express delivery, Saturday delivery) if you send your inquiry to email@example.com. If we send the goods, at the buyer’s request, to a place other than the place of performance, risk shall pass to the buyer, in acc. with section 447 BGB (German Civil Code) as soon as we have handed them over to the forwarder, carrier or other person or agency that is to perform the shipment. The same shall apply if the goods are delivered carriage paid. In the event of damage or defects, we must be notified immediately as provided by section 377 HGB (German Commercial Code). Obvious transport damage must be reported to the forwarder or carrier upon arrival and noted on the delivery note.
VIII. RESERVATION OF TITLEWe reserve title to the goods delivered until all of the purchase price and shipping costs have been paid. If the goods for which title is reserved are resold, the buyer hereby assigns to us any accounts receivable resulting from such resale. We hereby accept the assignment of accounts receivable by the buyer.
IX. BUYER’S RIGHTS IN CASE OF DEFECTSAny obvious defects must be reported to us in writing within three days from the receipt of the goods, and hidden defects must be reported as soon as they have been discovered. Otherwise, the goods shall be deemed accepted and an assertion of rights under section 437 BGB (German Civil Code) shall be excluded. The burden of proof for the timely arrival of the complaint shall be on the buyer. The time-limit for a claim for defect shall be no more than 12 months from the receipt of the goods. Our obligation towards the buyer in the case of a defect to the item bought shall be limited, at our option, to remedying the defect, supplying an item free of defects or reduction of the purchase price. Claims for defect shall be excluded if the defect is caused by improper handling or overstraining of the object of purchase, or if parts have been incorporated, the use of which has not been approved by us, or if the item was altered by the buyer in a manner not approved, or if the buyer did not observe the instructions on the handling, maintenance, cleaning and care of the item. Normal wear and tear shall be excluded from claims for defect. The goods shall be sent to Wildcat GmbH, Wankelstrasse 5, 48599 Gronau, Germany so that they can be checked for defects as to quality. If a defect is proven (e.g. wrong delivery or defective article etc.) we shall compensate the buyer for the cost of postage. The buyer shall provide adequate postage and adequate packaging (e.g. jiffy bag, cardboard etc., NOT just an ordinary paper envelope) for return shipments. The goods returned must reach us individually packed in small bags, in perfectly hygienic condition and with a copy of the relevant invoice enclosed.
X. LIABILITYIn the event that under statutory provisions and in accordance with these Standard Terms and Conditions, we are liable to compensate the buyer for damage caused by slight negligence, our liability shall be limited: There shall be no liability except for violation of essential contractual obligations, and it shall be limited to foreseeable typical damage. This limitation shall not apply in cases of injury to life, limb and health. If such damage is covered by insurance the buyer has taken out for such events of damage (with the exception of fixed-benefit insurance), we shall only be liable for any disadvantages caused for the buyer, e.g. higher insurance premiums or interest paid until the claim is settled by the insurance. The same shall apply for damage/loss caused by a defect. Regardless of culpability, we shall be liable for fraudulent concealment of a defect, or if we have provided a guarantee, and under the Product Liability Act Liability. Liability for default in delivery is conclusively regulated in clause IV. Personal liability of our legal representatives, vicarious agents and employees for damage caused by them through slight negligence shall be excluded.
XI. EXCLUSION OF SET-OFFThe buyer shall not set-off any counterclaim against our claims unless the buyer’s claim is undisputed or has become res judicata.
XII. PLACE OF PERFORMANCE AND JURISDICTIONThe company’s place of business is at Wankelstrasse 5 in 48599 Gronau, Germany. If the buyer is a merchant, the place of performance and legal venue shall be at 48599 Gronau.
XIII. CHOICE OF LAW / SEVERABILITYContracts based on these Terms and Conditions shall be governed by German law, the UN Convention on Contracts for the International Sale of Goods shall be excluded. Should individual provisions of these Standard Terms and Conditions be void or invalid, the remainder of the provisions shall not be affected. Instead of the void or invalid provision, statutory provisions shall apply. Version of 20 October 2010a
ONLINE DISPUTE RESOLUTIONEU platform for extrajudicial ODR: http://ec.europa.eu/consumers/odr/
IMPRINTAnbieterkennzeichnung nach Telemediengesetz (§5 TMG) Anschrift/Adress: Wildcat GmbH Wankelstraße 5 48599 Gronau Deutschland / Germany E-Mail: firstname.lastname@example.org Tel./Phone: +49 (0) 2562 99 299 0 Fax: +49 (0) 2562 99 299 29 Geschäftsführer / Management: Martin Siedler Commercial Registry: Amtsgericht Coesfeld HRB 6040 St. Nr. DE 813078991 Datenschutzbeauftragter/Data protection officer: André Bosse Darmer Esch 70a 49811 Lingen email@example.com All content (c) by Wildcat GmbH 1998-2015 None other than the Wildcat GmbH and its affiliates shall be eligible to reproduce, use, disclose and distribute the materials contained in this website. The use or misuse of these materials except as expressly authorised is prohibited. Wildcat GmbH and its affiliates enforce their intellectual property rights to the fullest extent of the law.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at http://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.