General terms of Business
General terms of business
Please read our general terms of business below. Our main terms of delivery and payment are as follows:
Terms of sale, delivery and payment
Article 1 Application of the terms
The following terms and conditions apply exclusively to all supplies and services. They also apply to any future business even if not expressly referenced again. Terms other than our terms apply only if they are accepted by us previously in writing. This also applies in case the other party confirms these terms with other content or other terms of business or purchase.
Article 2 Offers and conclusion of contract
Our offers are without obligation and subject to change. This also applies to our price lists which are not expressly stated to be binding. The contract comes about with our written confirmation: This also includes amendments, modifications and supplementary agreement. Information in printed literature (drawings, weights, measures, etc.) are only binding if expressly agreed in writing.
Article 3 Period of delivery of supplies and services
All dates and timelines are without obligation unless expressly agreed to by us in writing. We are not responsible for delay of supplies or services if the delay is caused by force majeure. A case of force majeure also exists if we are unable to provide the supply or service due to disruption of operation on the part of our suppliers and subsuppliers. Cases of force majeure include without limitation disruption of operations, strike, lockout, lack of suitable personnel. If we fail to deliver a supply or service for more than eight weeks, the buyer can cancel the contract and in any such case the supplier has no other remedy in connection with the delayed supply or service. The same applies if we delay the delivery of any part of a supply or service. In this case, the buyer can cancel only the part of the contract that has not been fulfilled.
Article 4 Prices, terms of payment
The prices in our order confirmation apply. The prices do not include value-added tax at the applicable rate. For the rest, the prices are to be understood for ex-works delivery. Freightage and packaging will be charged extra. Invoices are payable within 10 days of the invoice date allowing 2 % discount or within 30 days of the invoice date without discount. The buyer is in default at the end of the period for payment. From that date we charge interest on the delayed amount at the rate of 6 % p.a. above the discount rate of German Federal Bank, plus value-added tax. The right to claim additional damage due to the delay is reserved. We are not obliged to accept checks or drafts as payment. If we accept them, this is only on account of payment; the amount is credited with the reservation that checks and drafts are honoured and collection and discounting fees deducted.
Article 5 Retention of title
The goods remain our property until all amounts owed from the business relationship have been paid in full (reserved goods). Until that time, the goods shall only be disposed of in the normal course of business, they must not be assigned or pledged as security. Any attachment must be communicated to us without delay and the attachment report enclosed. As security, all claims against third parties made in connection with sales to buyers are assigned to us in the amount of the invoice already at the date of conclusion of the contract and no separate agreement shall be required to this effect. You can collect money for us as long as you meet your payment obligations to us. If you delay payment or your assets dwindle, you will - on our request - disclose all assigned claims and the names of the debtors and also provide all details required for collection and inform the debtor of the assignment. If payment is delayed, we can demand the return of the goods delivered. If you compound with your creditors or bankruptcy is declared or if either is expected, the buyer undertakes to set aside all goods which have not been paid to our benefit and inform us without delay.
Article 6 Shipment, passing of risk
Shipment is made at the cost and risk of the buyer. The risk passes to the buyer when the goods are delivered to the person responsible for their transportation or have left the seller's warehouse for shipment. If other terms are agreed in any case and the buyer detects damage due to transportation, he is obliged to sign the acceptance of the consignment with reservation as to the damage, claim damage from the forwarding firm within 4 days in case of damage due to transportation that is not overt, and within 24 hours if the consignment is delivered by parcel post. We shall be informed without delay and all required documents attached to the information. All claims for compensation which the buyer may have on the forwarding firm shall be assigned to us.
Article 7 Warranty
We warrant that the products are free from defects of material and workmanship. The period of warranty is 12 months. The warranty period starts when the risk in the goods passes to the buyer. The buyer is obliged to inspect the goods without delay and communicate all defects found in writing within 8 days of the receipt of the goods. This also applies to wrong shipment. If the complaint is not made by the agreed deadline (receipt by us), delivery of the goods is deemed to have been properly. Defects not noted during the inspection shall be communicated within 8 days of detectability. We carry out warranty work at our option either by free repair, improvement or replacement. If none of these is possible or requires too much expenditure, we can receive back the defective goods against payment of the purchase price.
Article 8 Guarantee
For the rest, we grant a guarantee of 6 months from the date of passing of risk for new items. The guarantee is only for replacement or repair at our option. Guarantee is only available if we have been informed of the defect within the above period.
Article 9 Limitation of liability
Damage claims due to impossibility of performance, negligence in contracting, positive breach of obligation or tort on us or our servants or agents are excluded unless in case of intended action or gross negligence.
Article 10 Place of performance and legal venue
The exclusive legal venue for registered traders is Ahrensburg.
Article 11 Severability
If a provision of these terms of business or as part of another agreement should become ineffective, such ineffectiveness will not affect the other terms or agreements.
Article 12 Data storage
We inform you that we store and process your data as required for our business and permitted by the German data protection legislation.
Revocation of business with end consumers
Right of cancellation
You can cancel your contract statement within one month in written format (e.g., letter, fax, e-mail) or by returning the product without assigning a reason. The earliest beginning of the period of cancellation is the day after which you receive this information in written format (letter, fax, ore-mail) and after receipt of the goods. Your cancellation is in time if you mail the cancellation or post the goods within the period named. The cancellation should be addressed to: FIXFAST Direktvertrieb für fastening tools GmbH, An der Strusbek 32, 22926 Ahrensburg. info@fixfast.de
Consequences of cancellation
In case of effective cancellation the services received shall be returned and any use (e.g., interest) surrendered. If you cannot return all or any part of the goods received from us or can return the goods only in deteriorated condition, you may be obliged to replace the value to us. If goods are surrendered, this does not apply if the deterioration of the goods is exclusively due to their testing, such as, for example, you could have done in a shop. For the rest, you can avoid the obligation for value replacement if you do not treat the goods as your property and avoid doing anything which might impair the value of the goods. Goods which can be sent by parcel post, shall be returned to us at our cost and risk. Goods which cannot be sent by parcel will be collected from your place. Obligations for refund of payment must be met within 30 days of the posting of your cancellation statement.
Your Fix Fast GmbH
