General terms & conditions
General terms & conditions of Sale, Delivery and Payment of AMAZONAS GmbH
Our terms and conditions shall apply exclusively. We do not accept terms and conditions that are contrary or differ from our terms of sale, except we expressly approve in writing the validity of those differing terms.
The respectively valid version of our terms and conditions at the moment of conclusion of contract shall apply.
Our terms and conditions of sale shall exclusively apply to contractors as defined by § 14 BGB [German Civil Code].
§ 2 Conclusion of contract
The conditions for our goods are subject to being sold and not binding. The goods are reasonably subject to change without notice, the same shall apply to changes in shape, colour and weight.
With the order of the goods, the customer expresses his binding offer. We are entitled to accept the contract offer included in the order within a period of 2 weeks. At the same time the customer agrees to his company data being used for the publication of information in newsletters or such.
The contract is concluded with the provision not to accomplish or to accomplish only partially in case of incorrect or improper delivery.
In case of unavailability or only partial availability of the goods, the customer is noticed immediately. The consideration is reimbursed immediately.
§ 3 Retention of title
We reserve right of ownership and copyright of all advertising material provided by us, in particular photos.
We reserve the ownership of the goods until complete payment of all claims from the current business relation. We are obliged to release the reservation goods on request of the contractor if the value of the reservation goods exceeds the safeguarding claims by 30%.
The customer is obliged to take good care of the goods during the reservation of ownership period. He has to immediately inform us in writing on a handover of the goods to a third party, in particular also of foreclosure measures, as well as of possible damages or destruction of the goods. The customer has to immediately notify us of a change in ownership of the goods.
In case of behaviour of the customer contrary to the terms of the contract, we are entitled to withdraw from the contract and to claim back the goods.
The customer is entitled to sell the goods in the ordinary business premises. He cedes to us already now all claims to the amount of the invoice that may accrue from the sale against a third party. We hereby accept the cession. After the cession, the contractor shall be entitled to collect the claims. We reserve the right to collect the claims by ourselves as soon as the contractor does not properly fulfil his payment obligations or is in default of payment.
The customer is obliged to give the necessary information on the collection of the ceded claims on our request and to inform the debtor on the cession.
§ 4 Remuneration
Our prices according to offer are net prices and are quoted without VAT and without shipping costs ex warehouse.
As far as the order confirmation does not show anything else, the purchase price is due within 20 days from date of invoice. The legal regulation regarding consequences of default in payment shall apply.
The customer shall be only entitled to offsetting if his counterclaims are legally ascertained, undisputed and accepted by us. In addition, he is only entitled to execute a right of retention insofar as his counter claim is based on the same contractual relationship.
If one of our claims to a customer is overdue, all of our claims become due immediately - differing from the above regulations. In this case we are entitled to carry out new deliveries only against advance payment or sufficient securities.
§ 5 Transfer of perils
The risk on accidental loss and the accidental worsening of the goods is passed to the customer when handing over, in case of shipping when delivering, the goods to the forwarder, carrier or any other person or institution intended to execute the shipment.
§ 6 Warranty
For contractors we guarantee, at our choice, repairs or substitute delivery for defective goods.
If repairs fail, the customer may demand at his choice lowering of remuneration or rescission of the contract. The customer is not entitled to rescind in case of minor defects.
The customer has to immediately check the delivered goods for quality and quantity deviations and report in writing apparent defects without delay or within a period of one week from receive of the goods at the latest. Otherwise the enforcement of warranty claims is excluded. Hidden defects are also to be reported immediately, within a period of one week from discovery at the latest. Timely dispatch is sufficient for observance of the time limit. The burden of proof for any claim prerequisites, in particular the defect itself, lies with the customer for the moment of discovery of the defect and for timely notice of defect.
In case the customer sends the goods or a part of the goods back to us in connection with warranty claims, he has to care for proper packaging of the goods. Defects that arise from improper packaging on the part of the customer are at the expense of the customer.
The warranty period is one year from delivery of the goods. We do not express warranties to our customers as defined by the law. Manufacturer warranties are not affected by this.
Our liability is limited to intent and gross negligence including intent and gross negligence of our agents and auxiliary persons. As far as we are not blamed for an intentional breach of contract the compensation liability is limited to the foreseeable, typically occurring damages.
The above liability limitations do not affect the claims of the customer out of the product liability decree or out of the warranty. Furthermore, the liability limitations do not apply to personal and health injury attributable to us and with loss of life of the customer.
Without consideration of the legal nature of the enforced claim, a further liability on compensation is excluded. This shall apply especially to compensation claims from fault at the conclusion of the contract, from further breaches of duty or from offensive claims on indemnification of material damages according to § 823 BGB.
§ 7 Final clause
The law of the Federal Republic of Germany is the only applicable law. The regulations of the United Nations Convention on Contracts for the International Sale of Goods are not applicable. Any disputes arising under this contract will be settled before a competent court in our legal domicile. The same shall apply if the customer does not have a general jurisdiction in Germany or his domicile or ordinary residence are not know at the moment of filing an action.
If a provision of this contract with the customer including the General Terms and Conditions becomes ineffective in full or in part, the legal force of the rest of the regulations shall not be affected. The parties obliged to replace the totally or partially ineffective regulation by another regulation which, as far as possible, shall be equal to said ineffective regulation with respect to economic success.