General Terms and Conditions – Welte GmbH
Conclusion of Contract
1.1 All prices are subject to change and not binding.
1.2 A placed order from customer side is binding. Welte GmbH is entitled, to accept this order by sending an order confirmation or sending the goods within two weeks after receiving the order.
Price and Payment Terms
2.1 All prices are net pricing plus VAT (if applicable).
2.2 Without special agreement prior to the contract, the purchase price according to 2.1 is due on receipt of goods, without any reduction.
2.3 Set-off rights are only given, if the counterclaim is legally valid, indisputable or approved by us. The customer only has the right of retention, if the counterclaim is based on the same contract basis.
Payment
3.1 Dispatch is un-free. General delivery within Germany will be made via UPS, incl. a pro rated freight charge of 5 € for each package with standard dispatch. Other dispatches, especially abroad, according to prior agreement.
3.2 Delivery according to our general terms and conditions.
3.3 In case of delivery delays, caused through us, the additional respite set by the customer, will be extended by two weeks. Binding for the period is the receipt of the additional respite notification in our house.
Dispatch and Transfer of Risk
4.1 On customers request we are insuring the delivery in his name and on his account. The risk of transfer is passed on to the customer as soon as the goods have been handed over to the transport company.
4.2 Sending items to us are transported on the risk of the customer, unless it is a return package of faulty goods. Transport cost will only be carried by us, if the returned goods are justified rejected items.
Reservation of Proprietary Rights
5.1 Goods remain our property until fully paid.
Guarantee and Limitation of Liability
6.1 The guarantee is valid for 12 month, starting with the date of delivery at the customer.
6.2 In case of a defect item, we are entitled to send an alternative replacement or entitled to amend item sent in the first place. More than one amendment are allowed. If the amendment has been unsuccessfully performed, the customer agrees automatically to a replacement delivery.
6.3 Does the first amendment or replacement delivery fails, the customer is entitled, to either reduce the purchase price or cancel the contract.
6.4 This agreement is not valid with second hand goods. Used goods are sold outside any guarantee. It will be just guaranteed, that the goods are functional at the point of handing over to the transport company.
6.5 With direct mail selling obvious defect have to be announced in writing within two days of receipt. Should customer fail to do this, a warranty claim for obvious defects is excluded.
6.6 In case of a complaint the customer must send to us the goods with an exact description of the fault, a copy of the invoice and in its original packaging. The original packaging must not be used as dispatch packaging. Without this assistance the handling of the complaint can be delayed. The customers warranty claim remains still valid, even if this clause is not considered.
6.7 By suspicion of transport damage or missing goods, the packaging must be kept for inspection through an assessor.
6.8 Claim of damages against us or our personnel are excluded, as long as the damage has been made unintended and negligent. This disclaimer is invalid in case of non consideration of the main parts of the contract and/or missing agreed features.
Other Agreements
7.1 This contract underlies the German Commercial Code (HGB)/ Civil Code (BGB). The UN-agreement regarding contracts of international trading, dated 11.4.1980, is not valid.
7.2 Place of court is the base of Welte GmbH.
