Conditions d’utilisation

GENERAL TERMS AND CONDITIONS OF SALE

 

  1. All offers, orders, sales, invoices and deliveries shall be governed exclusively by the following terms and conditions. Any deviations or additional agreements shall only be valid if expressly confirmed in writing by K.L. WERKSTATT:MÜNCHEN Trading GmbH (hereinafter referred to as the “SELLER”).
  2. Orders placed by the BUYER shall become binding only upon written confirmation by the SELLER. Any modifications to an order must be made in writing and received by the SELLER within ten (10) days from the order date.
  3. The delivery date indicated in the SELLER’s confirmation or agreed upon at the time the order is placed is stated on the front page of this document. Such delivery date is approximate and subject to a tolerance of twenty (20) days, which shall be accepted by the BUYER.
  4. The delivery period may be reasonably extended in the event of force majeure. Force majeure shall include, but not be limited to, acts of God, war, war-like conditions, blockades, embargoes, riots, government restrictions, labor disputes, boycotts, lack of transportation or loading facilities, shipwrecks, epidemics, quarantines, fires, floods, earthquakes, explosions, or any other events beyond the reasonable control of the SELLER. In such cases, the SELLER shall not be liable for any delay or failure in delivery. Delays caused by force majeure shall not entitle the BUYER to cancel the order or claim damages.
  5. Unless otherwise agreed in writing, delivery shall be ex works (EXW) at the SELLER’s premises.
  6. Transportation shall be at the BUYER’s risk and expense. The SELLER shall not be liable for any delay, loss, or damage occurring during transport. Unless otherwise agreed in writing, the SELLER reserves the right to select the carrier.

  7. Upon receipt of the goods, the BUYER shall immediately inspect them. Any claims regarding defects or shortages must be submitted in writing and received by the SELLER within ten (10) days from the date of receipt. Failing such notice, the goods shall be deemed accepted. The goods must be kept available for inspection by authorized surveyors or representatives of the SELLER and must not be used or resold prior to such inspection.

    The submission of a claim shall not entitle the BUYER to return the goods without the SELLER’s prior written consent. Unauthorized returns shall be at the BUYER’s risk and expense. Any dispute shall not relieve the BUYER from the obligation to accept delivery or to make payment when due.

  8. Unless otherwise expressly stated in writing, the SELLER makes no warranties, express or implied, including but not limited to any warranty of fitness for a particular purpose.

  9. The BUYER shall be responsible for obtaining all necessary import licenses and permits in due time. Failure to obtain such documents shall not constitute force majeure.
  10. The date of the bill of lading shall be deemed the date of shipment. Partial shipments and transshipments shall be permitted unless otherwise agreed.
  11. Unless otherwise instructed in writing by the BUYER, packaging, marking and labeling shall be at the SELLER’s discretion. The SELLER shall not be liable for any consequences resulting from late instructions, defined as instructions received later than forty-five (45) days after the order date.

  12. The SELLER shall supply goods bearing its own labels. The SELLER shall not be obliged to apply any other labels. If special labeling is requested and accepted by the SELLER, all additional costs shall be borne by the BUYER.

  13. Unless otherwise agreed in writing, all invoices shall be payable in Euro as indicated on the front page of this document.
  14. Any amount not paid when due shall automatically accrue interest at a rate of ten percent (10%) per annum without prior notice.
  15. In the event of non-payment on the due date, all outstanding invoices shall become immediately due and payable, regardless of their original maturity dates.

  16. If the BUYER fails to fulfill its contractual obligations, the SELLER shall be entitled to terminate the contract by written notice. Such termination shall be without prejudice to any other rights or remedies available to the SELLER.

  17. Title to the goods shall remain with the SELLER until full payment has been received. Notwithstanding the foregoing, the BUYER may resell the goods in the ordinary course of business. In such case, the BUYER hereby assigns to the SELLER all claims arising from such resale. The BUYER shall hold any proceeds from such resale in trust for the SELLER until full payment has been made. All risks shall pass to the BUYER upon delivery.