GENERAL TERMS AND CONDITIONS
The company G BRANDED GmbH
(Hereinafter called “G BRANDED”)
For use to:
2. Legal persons under public law and public law funds
1.1. The following general conditions apply to all contracts, deliveries and other services, including consultancy services, provided they are not altered or excluded without the express written consent of G BRANDED.
1.2. Terms and conditions of the customer are also not part of the contract, if G BRANDED will not contradict them. Deviations from these general terms and conditions apply, therefore, only if G BRANDED expressly approves them in writing.
2.1. The documents belonging to the offer documents and information, such as illustrations, drawings or information about weight, dimensions, performance, fuel consumption and usability are approximate only in the context of normal commercial tolerances, unless they are expressly designated as binding in writing. They are no quality or durability warranty whatsoever.
2.2. The range of G BRANDED is subject to self-supply.
3. Scope and quality of the delivery
3.1. The scope of delivery of the written confirmation of G BRANDED shall prevail. If there is no confirmation of G BRANDED, the scope of delivery of the offer of G BRANDED shall prevail. Collateral agreements and changes require the confirmation of G BRANDED in writing.
3.2. A condition of the subject matter shall be considered agreed if G BRANDED confirms this in writing.
4. Price and payment
4.1. Unless otherwise agreed, prices are valid from G BRANDED warehouse. Costs for transport packaging, loading and shipment from each warehouse of G BRANDED are borne by the customers and can be calculated separately.
4.2. G BRANDED is entitled to increase the prices of purchased items by a supplier from the pound or dollar-based economy (e.g. GB, USA), if the Euro is devalued by more than 10% against those currencies between contracting and delivery. The purchase price shall be increased by percentage considering the ratio of exchange rates at the contract conclusion and at delivery.
4.3. All prices are without cash or other discount, plus the applicable VAT at the day of the delivery or performance. For delivery of duty: - Unpaid goods collected by customs duties and fees are the responsibility of the customer.
4.4. The purchase price and charges for ancillary services are payable to G BRANDED unless otherwise expressly agreed without any discount, namely: - In the case of the pickup with the delivery of the purchased item, and - in the case of dispatch with delivery of the purchased item to the shipper or carrier.
4.5. All payments must be made to accounts of G BRANDED. Seller or sales agents of G BRANDED do not collect.
4.6. If the customer fails to pay all or partially defaults or checks are not honoured on presentation, G BRANDED can provide the entire debt from the business relationship with a notice period of one week overdue. All claims from the business relationship shall become due immediately if the customer suspends payments or a bankruptcy process is opened, also on a temporary basis.
4.7. Compensation or the assertion of a lien against amounts owed to G BRANDED is permitted only with undisputed or legally valid claims.
5.1. The delivery times specified in the written order confirmation or in the offer are vague and do not represent any agreement of a performance period, unless they are expressly confirmed in writing as "binding delivery" by G BRANDED. Delivery is - even in the latter case - subject to the self-supply.
5.2. In the event of delivery delays due to force majeure, mandatory interventions, natural disasters, war, riot, strike in its own factories, suppliers or carriers, or due to other events, which cannot be influenced by G BRANDED, G BRANDED is entitled to deliver after elimination of the objection.
5.3. Either party may withdraw from the contract in whole or in part if any of the foregoing events causes a delivery delay of more than 3 months beyond the agreed deadline. Further claims of the parties are excluded.
5.4. G BRANDED is entitled to partial deliveries, if they are reasonable for the customer.
6. Delivery and transfer of risk
6.1. Shipping is in the name and on behalf of the customer to the current prices of the shipping company or the carrier. The choice of transport and the route is at the reasonable discretion of G BRANDED.
6.2. The risk of accidental loss or accidental deterioration of the goods during shipping to the customer is on the customer from the moment of dispatch even if there are partial deliveries or if G BRANDED provides services, such as shipping and transportation. At customer's request and at their own cost the shipment is insured by G BRANDED against theft, breakage, transport, fire and water damage, and other insurable risks.
6.3. If delivery is delayed due to circumstances for which the customer is responsible, the risk shall be on the customer from the date of readiness for shipment, but G BRANDED is obliged to insure the goods, at the request and expense of the customer.
6.4. If the purchased item is picked up by the customer, the risk passes to them once G BRANDED receives pickup notification, at the latest when the purchased item leaves the warehouse of G BRANDED.
6.5. Delivered items must be accepted by the customer without prejudice to his rights for protection against material defects.
7. Retention of title
7.1. G BRANDED retains ownership of the purchased goods until receipt of all payments under the Purchase Agreement.
7.2. G BRANDED is entitled to insure the purchased item during the retention of title at the customer's expense against theft, breakage, fire, water and other damages, unless the customer has completed the self-insurance form.
7.3. The customer may not pledge the delivery item nor offer it as security. In the event of attachment, confiscation or other dispositions by third parties G BRANDED must be notified immediately.
7.4. By default G BRANDED is entitled for redemption of the subject matter to prior notice and the customer is obliged to surrender even if G BRANDED did not withdraw from the contract. The seizure of the goods delivered by G BRANDED does not constitute withdrawal from the contract.
7.5. The customer may sell G BRANDED-reserved goods as defined in Section 1 only in the ordinary course of business. The claims resulting from the resale or for any other legal reason (insurance, tort) are ceded already by the way of security to G BRANDED by the customer. G BRANDED accepts the assignment. If G BRANDED reserved goods are sold together with other goods, the assignment refers to the purchase price for the value of G BRANDED-reserved goods. The customer will be irrevocably authorized to collect the assigned claims for G BRANDED in their own name.
7.6. If the estimated value of the collateral and the face value of the receivables exceed the nominal value of receivables from G BRANDED by more than 20%, then the customer is entitled to demand the release of the exceeding collateral. The claims remaining with G BRANDED must be valuable and indisputable.
7.7. The customer is obliged to maintain for the duration of retention G BRANDED-reserved goods in good condition and perform necessary repairs at his own expense.
8. Defect claims
8.1. For complaints § 377 HGB shall apply, provided that the complaint must be made in writing. After examination of the goods obvious defects to be notified within 8 days, other defects within 8 days of their discovery.
8.2. Warranty claims are not insignificant deviations from the agreed quality or minor impairment in accordance with the contract, presupposed or habitual use. In case of defects G BRANDED must first be entitled to remedy the defect or to provide a replacement. If the form of remedy selected by G BRANDED fails, the customer is entitled to reduce or cancel the contract.
8.3. In the case of defects the rights of the customer are limited to one year. The limitation period begins with the delivery of the subject matter. Customer claims arising from the manufacturer's warranties remain unaffected by this. A suspension of the limitation under § 203 BGB is only accepted for negotiations to be carried out by both sides in writing and it applies only to the defect the parties negotiated. The review of an alleged defect from customers through G BRANDED alone does not constitute a negotiation leading to the suspension of the limitation. The refusal to continue negotiations is made informally.
8.4. The warranty claims do not include the elimination of errors caused by external factors or operational errors. Warranty claims shall also not apply if the customer operation and maintenance instructions are not followed, or G BRANDED or authorized third parties have not intervened in the purchased item or made changes herein.
9. Damages for defects and other breaches of duty
9.1. G BRANDED is liable in cases of intent or gross negligence by a representative or employee under the statutory provisions. Moreover G BRANDED is only liable under the Product Liability Act for injury to life, limb or health, or the culpable breach of contract. The claim for damages for breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage. The liability of G BRANDED is also limited in cases of gross negligence to the typical, foreseeable damage if none of the exceptions mentioned in sentence 2 of this paragraph applies.
9.2. Liability for damage caused by the purchased item to legal property of the customer (e.g. damage to other property) is completely excluded, unless a liability because of intent or gross negligence is given or due to injury to life, limb or damage to health.
9.3. The provisions of the preceding paragraphs 1 and 2 shall cover damages in addition to performance and damages in lieu of performance, regardless of the legal reason, including for defects, breach of obligations under the contractual or tortious act. They also apply to the claim for reimbursement of expenses. The liability for delay, however, by condition V, the liability for impossibility by condition X of these Terms and Conditions.
G BRANDED is liable for impossibility of goods / services in cases of intent or gross negligence by a representative or employee under the statutory provisions. The liability of G BRANDED in cases of gross negligence, however, is limited to the typical foreseeable damage if there is no loss of life, limb or health. Moreover, the liability of G BRANDED due to impossibility of reimbursement for damages and reimbursement of expenses is limited to a total of 30% of the value of goods / services. Further claims of the customer due to the impossibility of delivery / performance shall be excluded if G BRANDED is not liable for wilful misconduct, gross negligence or injury to life, limb or health. The customer's right to withdraw from the contract remains unaffected.
11. Performance, Jurisdiction, Applicable Law
11.1. Performance is Gastager Feld 13 / 83313 Siegsdorf.
11.2. Jurisdiction for both parties is Traunstein / Bavaria.
11.3. This is governed by German law to the exclusion of the laws on the international sale of goods.
As far as Terms and Conditions in whole or in part are not part of the contract or become ineffective, this shall not affect the validity of the remaining provisions. In this case, the content of the contract will respect applicable laws.
G BRANDED GmbH
Gastager Feld 13