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Our terms of
business
General conditions of sales, delivery and payment for retailers
(25.07.2005)
§ 1 Scope of application
(1) These conditions only apply to orders placed by retailers from
outside Germany. Agreements not being part of these conditions shall
only be deemed valid if they are confirmed in writing. We will only
agree to conflicting conditions of the customer if we expressly accept
them.
(2) These conditions will apply for all future transactions done with
the customer without further notice.
§ 2 Prices and payment
(1) All our prices are excluding transport, transport insurance and
VAT. For shipping within EU countries 8 EUR irrespective the order
volume will be charged.
(2) The customer is obliged to transfer the payment to the given
account. Other ways of payment must be expressly agreed by us. Cash
discount can only be deducted if we have given a written agreement.
(3) Bills of goods shall be payable within 30 days after receipt. If
the purchase price is not paid as agreed LeBaoLong reserves the right
to apply default interest at a rate 8 % above the current discount rate
of the European Central Bank, unless a higher level of damage caused by
default can be proven.
(4) Reasonable adjustments of prices in the case of changing costs for
purchasing goods or transport may be possible if the time between
confirming the order and proposed date of delivery exceeds 3 month.
(5) The buyer shall not be entitled to withhold payments on account of
claims made under the warranty or to deduct unrecognized counter claims
from the purchase price.
§ 3 Delivery
(1) The delivery time stated commences with the date given on the
confirmation of order. Delivery dates are quoted to the best knowledge
and belief of LeBaoLong, but are not binding. Even when the delivery
date is expressly guarantee, LeBaoLong shall be exempt from all
liability if delivery is delayed as a result of any circumstances for
which LeBaoLong is not responsible. Part deliveries and partial
invoices for units supplied in workable condition are permissible. Risk
passes to the customer when the goods leave the warehouse.
§ 4 Retention of Title of Ownership
(1) Goods delivered remain the property of LeBaoLong until such times
as all claims of LeBaoLong arising from transactions with the customer
have been paid in full.
(2) The customers is obliged to handle the goods with care as long as
the ownership has not passed to him.
§ 5 Warranty
(1) LeBaoLong warrants that the goods shall be exempt from fault at the
time of passing of the risk. Any visible faults must be notified in
writing immediately after delivery, at the latest within 7 days, hidden
faults must be notified in writing as soon as they are detected. The
warranty does not apply to damages incurred in transit, the carrier is
generally liable in such cases.
(2) The statutory warranty period applies. Claims arising from faults
after a 12 month period are null and void. The period begins with the
transfer of the goods to the customer. Should, within this time period
any faults in the goods arise which vastly impair their value or
suitability, LeBaoLong will immediately remedy these faults after
receipt of the problem definition.
(3) Upon the sole discretion of LeBaoLong, the warranty will be
effected in that subsequent improvement to the goods will be made or
the customer will receive fully-functional goods delivered free of
charge.
(4) In case of failure of subsequent improvement the customer reserve
the right of option to either debase or to withdraw from the contract.
(5) The warranty does not include insignificant difference from agreed
colour and design if its not part of contract.
(6) As a rule, returns to LeBaoLong must be agreed in advance with us.
Returns shall be sent at the buyer’s risk, packed with care -
to ensure that no damages are sustained in transit - and returned to
LeBaoLong freight paid. If the buyer returns goods, freight unpaid,
LeBaoLong shall be entitled to refuse to accept the consignment or to
invoice the charges thus incurred. Return consignments of goods damaged
in transit shall be sent at the consignor’s cost.
§ 6 Right of return
(1) Goods not sold by the retailer after a 3 month period can be
returned to LeBaoLong. All returns must be agreed in advance with us.
Returns shall be sent at the buyer’s risk, packed with care -
to ensure that no damages are sustained in transit - and returned to
LeBaoLong freight paid. LeBaoLong shall be obliged to refund the
purchase price paid within 14 days after receipt.
(2) Returned goods shall be in same condition as they were delivered by
LeBaoLong to the customer, otherwise LeBaoLong is not obliged to refund
the paid price. This rule also include the belonging packaging of goods.
§ 7 Invalidity of one provision
(1) The invalidity or inoperativeness of one or more provisions of this
agreement does not affect the validity of the rest of the agreement and
the remaining other provisions shall thereby remain unaffected. An
invalid provision shall be replaced by a provision that approaches the
interests intended by the parties.
§ 8 Place of Performance and
Jurisdiction
(1) The place of performance is Regensburg. The law of
the Federal Republic of Germany shall apply.
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