1. Application
The following General Terms and Conditions of Trade automatically constitute an integral part of all quotations and order confirmations and apply to all particulars not otherwise reciprocally specified in writing. To have any validity, specific purchaser’s conditions require our written consent.
2. Conclusion of contract
The contract to supply shall count for both parties as being in existence from the time that we confirm acceptance of your purchase order in writing on receipt of same.
3. Scope of our obligations
Our performance obligations shall exclusively be as defined in the specification which forms part of our order confirmation. All supplementary performances and all subsequent changes requested by the purchaser, where accepted by ourselves, shall be separately chargeable.
4. Prices
Unless otherwise agreed in writing, our prices are quoted uninsured, net ex works in Germany, including packaging, payable in freely available Euro. All expenses associated with dispatch and costs of freight plus any charges or taxes or whatever kind are chargeable to the purchaser and will be based on the tariffs applicable on the day of delivery. Our tender prices are binding provided the order is placed within the offer period quoted in the tender. Prices can be modified anytime because of price adjustments of our supplier or logistic partner.
5. Payment conditions
Payments shall be made in accordance with the terms mutually agreed in writing and without retentions. In the event that the purchaser fails to comply with the agreed payment conditions, we shall be entitled to charge 1% a month default interest. Furthermore we may make prior settlement of the out- standing arrears a condition for further supply and insist on advance payment for future deliveries. Reminder fees 2nd reminder EUR 35.- and 1% interest per month, beginning after the 2nd reminder.
6. Delivery period
We will specify the fulfilment period using our best judgement. Noncompliance with a scheduled deadline shall not entitle the purchaser to cancel the order nor to seek damages or compensation. The delivery period shall commence from the date of order confirmation provided that the process of clarifying details has been completed by that date and the agreed down-payment, where applicable, has been received. Shortages of raw materials, tool breakages, freight difficulties, unrest and similar disruptions which make the order impossible to fulfil or disproportionately impractical or expensive, shall release us from our obligations to supply. Claims for compensation will not be entertained.
7. Passing of risk, freight and insurance
Risk shall pass to the purchaser when the goods are handed over to the first carrier. Goods will be shipped in accordance with the purchase’s instruc- tions. The customer shall be responsible for taking insurance against all risks ex works in Europe (European Union – EU) to the end customer.
8. Retention of title
Goods supplied by us shall remain our property until payment is received in full. Laboglob.com GmbH is justified to register the retention of title in the public register and the customer gives for this his agreement. Goods supplied by us shall remain our property until payment is received in full. Laboglob.com GmbH is authorized to register the property in a public register the consent of the customer is an integral part of the agreement.
9. Guarantee
We warrant for defects which arise on any parts during the guarantee period, subject to proper operation which can be shown to be due to design faults, poor materials or defective workmanship. Such parts will be either replaced free of charge or reimbursed, at our discretion. Supplied products without the original Laboglob.com GmbH carton the warranty becomes void. Replaced parts become our property. Defects shall not entitle the purchaser to withhold due payments. In the event that the purchaser falls into arrears with its payments, this shall release us from our functional guarantee obligations until such time as the purchaser fulfils its payment obligations. Where a separate work warranty does not apply the warranty term amounts to one year. This period is not extended by possible repairs, replacement etc. at complained of parts. Without a separate manufacturers warranty, The warranty is valid for one year. Repairs, replacement etc. at complained parts do not extend the guarantee period for the appliance.
All claims under the manufacturer’s guarantee must be submitted to us in writing before the expiry of the guarantee period. No complaints will be entertained unless received within seven days of the goods arriving at the end customer in the case of truck, rail, post and air freight or three days in the case of sea freight. Complaints must be in writing and supported by documentation. All liability in respect of further entitlements, such as consequential losses, lost or reduced profits etc., is excluded.
10. Technical and commercial document
All drawings, diagrams, technical documents, tenders etc. are confidential and remain our intellectual property. They are entrusted to the care of the purchaser for its personal use and must not be copied, published or made accessible to third parties with this duty, we reserve the right to seek legal redress. In the event that an order is not placed, all documents shall be returned to us on request.
11. Place of fulfilment, applicable court and law
The place of fulfilment and applicable court is Singen / Htwl. Germany . Our legal relationship is subject exclusively to German Law.
12. Bank details
Euro to Fyrst Frankfurt Main
IBAN-Nr. DE97 1001 0010 0724 1481 35 BIC/Swift PBNKDEFF BLZ 69240075 Account 724 148 135 or any other advised account. Any additional bank fees or exchange rate costs are on behalf of purchasers account.
Amtsgericht Freiburg HRA 700936 Amtsgericht Freiburg HRB 709234
CEO: Delf Daniel Heger
USt-IdNr.: DE 286337813
EORI Nr. DE 727440836669541
Version 1/2022E