von AlmaWin

Legal note

Almawin Reinigungskonzentrate GmbH

Talstrasse 2
73650 Winterbach
Telefon: +49 (0) 7181 / 97704-99
Fax: +49 (0) 7181 / 97704-40
E-Mail: info@almawin.de

For Job appliers:

E-Mail: personal@almawin.de

Geschäftsführer/CEO: Herr Rudolf Bund
Handelsregister-Nr./Commercial Registration Nr.: HRB 1311
Ust-ID.Nr./Sales tax identification nr.: DE 811548686

 

 

 


 

General Terms of Sales, Delivery and Payment

 

I. General

  1. The General Terms shall apply to all offers, orders and sales.

  2. Variations of our Terms of Sales, particularly terms of the buyer, are only valid if they are confirmed in written.

  3. Our Terms of Delivery are also valid for all further repeated orders.

  4. Prices are plus statutory VAT.

 

II. Offer and conclusion of contract

  1. Offers are subject to change and do not pledge the contractor to accept the order.

  2. Orders or agreements, made by our representatives, are only valid for the contractor by written confirmation or dispatch.

  3. If the buyer does not receive within 8 days contrary notice, the order will be accepted under the condition of amount and possibility to deliver.

  4. Our documents and descriptions of products are only nearly standard, as far as they are not explicitly declared as binding.

  5. Increases of customs duties, taxes and other datas, occured after conclusion of contract, will be for the account of the buyer.

 

III. Payment

  1. Our invoices have to be paid within 30 days by bank collection.

  2. Payment by bill of exchange is only possible by our agreement and must be domiciled at a place of a reserve bank. All costs occured by bill of exchange will be for the account of the buyer.

  3. If the date of payment is exceeded, we will charge 4 % surplus interest beyond the rediscount rate of the German Federal Bank.

  4. In case the buyer is in default with the payment, we reserve the assertion of further claims.

  5. Costs of reparation, mounting and spare parts are always net cash.

  6. If the buyer is delayed with the payment of one of our invoices, all other outstanding amounts will be due immediately unless of possible acceptance of bill of exchange. The incoming date is standard for all payments.

  7. We are entitled to cash discount upon further deliveries.

 

IV. Periods of delivery and delivery dates

  1. Details on delivery dates are approximate and not binding. Binding delivery dates need a written confirmation.

  2. Agreed delivery dates refer to the date of shipment.

  3. Our obligation to supply rests as long as the buyer is delayed with a due payment. The time of delivery begins with the day of the final order confirmation, but not before clarification of all details of execution.

  4. Events of force majeure shall entitle us to delay the delivery for the duration of the hindrance plus an appropriate response time.

  5. If delivery is delayed the buyer has to fix appropriate days of grace.

  6. Claims of damages of the buyer due to delay or non-fulfilment are restricted to the invoice amount of the consignment which is not or not in time delivered, as far as we are not liable according to law because of intention or gross negligence.

 

V. Dispatch

  1. The perils of transport are transferred to the buyer, also in case of deliveries free of transportation charges resp. deliveries free domicile except transportation is made by our own vehicle.

  2. Placement into stock has to be made by the buyer in any case.

  3. Differences of weight or pieces can only be claimed if they are noticed immediately after receipt of the consignment.

  4. Dispatch type and way of dispatch are chosen by us. We are trying to consider the wishes of the buyer. Additional costs have to be paid by the buyer.

 

VI. Liability for Damages

  1. For damages, occured by insufficiency of the ordered goods , wrong delivery by mistake or insufficiency of the packaging, we are liable as follows:
    a) If damage would have been avoided by keeping due deligence of the buyer, any liability from our side is excluded.
    b) if damage occur despite keeping due deligence, we are just liable for gross negligence of default on contract.

  2. For other damages than regulated above, we are independently from the reason only liable, if they are caused due to gross negligence from our side .

  3. All titles of the buyer prescribe at least 6 months after the damage caused.

 

VII. Reservation of Ownership

  1. We reserve the ownership of all delivered goods to cover all claims due to us from the present and future business relationship as compensation of all damages against the buyer.

  2. Our ownership is also valid for goods, made of our delivered goods. The buyer produces the new goods under exclusion of his own acquisition of ownership and keeps them for us.

 

VIII. Place of Fulfilment and Court of Jurisdiction

  1. Place of Fulfilment of the delivery is the place of the plant, from which the consignment is delivered, for payment 73650 Winterbach.

  2. If the buyer is registered trader, Court of Jurisdiction is Schorndorf. We reserve the right to proceed against the buyer at his general Court of Jurisdiction in addtion to the dunning procedure.