General Business-, Delivery and Paymentconditions

by Company PostElbe GmbH

 

Contents of the Conditions of PostElbe

§ 1 General and Scope of Application

§ 2 Performance Times

§ 3 Special obligations of the Client

§ 4 Retentions of title / Shipping / Delivery

§ 5 Complaint / Liability

§ 6 Copyright / Property

§ 7 Place of Performance / Jurisdiction / Effectiveness

 

§ 1 General and Scope Application

(1) All offers and agreements are based on the conditions of the contractor (PostElbe GmbH). Deviating regulations require written confirmation.

(2) They are deemed accepted by the customer by placing an order or accepting the service / delivery.

(3) Obvious errors, typing or calculation errors are not binding on us.

§ 2 Performance Times

(1) Time of performance information in offers are not binding.

(2) Delivery dates are only valid if they are confirmed by the contractor. If the contract is concluded in writing, the confirmation of the delivery in writing.

(3) If the contractor with his performances in default, it is initially a reasonable extension granted. If after the expiry of the grace period, the customer can withdraw from the contract. § 361 BGB remains unaffected. Damage caused by default can only be claimed up to the amount of the order (our own work excluding advance performance and material). The indirect damages for loss of profits or covering purchase is excluded.

(4) Malfunctions, both in the contractor's premises and in the one supplier, especially strikes, traffic bottlenecks, official interventions, lockout and war, riots, and all other cases of force majeure, do not justify termination of the contract. The principles concerning the abolition of the business basis remain unaffected.

§ 3 Special obligations of the Client

(1) On the dangerousness of a product the client shall be informed in writing already when placing the order and in any case before delivery. The same applies to perishable or those products that require special handling or storage. For one caused by breaking these obligations damage the customer is liable to pay compensation in full.

(2) The Contractor shall forward the information to fulfill an order goods in the name and on behalf of the client to the end user without having checked the goods in any way. Rather, it is the sole responsibility and liability of the client, with respect to the end user for the regularity of the goods and any necessary instructions to ensure.

§ 4 Retentions of title / Shipping / Delivery

(1) The services supplied until full payment of all claims against the invoice date the principal property of the contractor.

(2) If the customer hands over the goods to the execution of the order, which can be shipped to a third party at the expense and risk of the customer from the factory. The goods are insured by the respective forwarding conditions. A beyond these conditions Transport insurance is basically completed by the customer.

(3) For goods, the Contractor from third parties, which is intended for forwarding to the client, paragraph 2 shall apply.

(4) Even "free program" the risk is transferred to the customer as soon as the consignment has been handed over to the carrier or company.

(5) If the contractor believes his claims appear at risk of contracting shall, upon request of the contractor, the assignment in writing and to provide all necessary information and documents available.

(6) The Contractor shall be entitled to partial deliveries.

§ 5 Complaint / Liability

(1) Complaints are only admissible within one week after receipt of the goods. Hidden defects, which can´t be found after the immediate examination, may be asserted against the contractor only if the written complaint, arrives within six months after the goods / services has left the supplying plant with the contractor.

(2) In case of justified complaints, the contractor is the exclusion of other claims for repair and / or replacement delivery at his choice, up to the amount of the order, unless lack a guaranteed feature or the contractor or its agent acted with intent or gross negligence. The same applies to the case of a justified complaint of repair or replacement. However, in the case of delayed, omitted or failed remedy or replacement, the customer can withdraw from the contract. § 361 BGB remains unaffected.

(3) Defects in part of the goods / service shall not entitle to reject the entire delivery / service, unless the partial delivery for the client is of no interest.

(4) The liability for defects consequences is excluded, unless the contractor or its agent acted with intent or gross negligence.

(5) Any warranty expires six months after completion of an order at the latest.

§ 6 Copyright / Property

(1) The items used by the contractor for the manufacture of the contract products, software, data and other of reusable items, data, disk remain, even if they are charged separately, the contractor's property and will not be delivered.

(2) The customer is solely liable if are violated by the execution of his order rights, including copyrights of third parties. The principal must inform the Contractor from all claims of third parties due to such infringement.

§ 7 Place of Performance / Jurisdictions / Effectiveness

(1) The place of performance and jurisdiction for all from the contractual relationship incurred claims and lawsuits, including exchange and documentary evidence is the seat of the contractor, Hamburg, when he and the principal traders or a legal entity under public law within the meaning of the HGB. ( Commercial Code ).

(2) Should any of these terms and conditions be wholly or partially invalid, then the remaining provisions shall remain fully effective.