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General trade terms and conditions

  • 1. General provisions

    1.1 Bidder

    The www.laborglas.eu website belongs to Sommerschmied GmbH Labor- & Verpackungsglas, Oderstraße 60, D - 24539 Neumünster, sales tax identification number pursuant to § 27  of the Sales Tax Act: DE 814927751, Tel: 04321/49995-0, Fax: 04321/499959-9, E-Mail: This email address is being protected from spambots. You need JavaScript enabled to view it. (hereinafter: Sommerschmied GmbH).
     

    1.2 Scope

    The present general trade terms and conditions are effective for all agreements concluded between Sommerschmied GmbH Labor- & Verpackungsglas and its trading partners within the scope of purchase  and supply of products and services, in the wording binding at the time of placing an order  Different terms and conditions of the purchaser are not recognised by Sommerschmied GmbH, unless Sommerschmied GmbH unambiguously expresses consent in writing to the application thereof.
     

    2. Entering into an agreement

    In the event of entering into an agreement, only a German language version is available. Information pertaining to the products and prices available on the Sommerschmied GmbH website, possibly printed catalogues do not constitute a legally binding agreement. At the time of placing an order, the purchaser makes Sommerschmied GmbH an offer for concluding a sales agreement. Sommerschmied GmbH may accept the offer within 7 working days of its receipt. The agreement is deemed to be concluded only after an order confirmation is sent, or alternatively at the time the ordered products are delivered.
     

    3. Cancellations and returns.

    If the purchaser is a consumer then they are entitled to the cancel. The right to cancel is not effective for agreements which are concluded between  Sommerschmied GmbH and companies or individuals conducting business activity within the scope if their professional activity.

    The cancellation right, possibly to return is not effective, if the product was manufactured in accordance to the client’s specification, i.e.: if the products were tailor made to the dimensions provided by the customer. However the rights associated with defective products remain unaffected.

    In the event of a cancellation or return, Sommerschmied GmbH looses the right to claims within the scope of sales prices and is obliged to refund the received amounts for the benefit of the purchaser, gradually, as intact products in original packaging's are being returned by the client.

    The costs of return delivery are borne by the client if the delivered goods are in accordance with the order or if the order value does not exceed EUR 40.00 or if in the event of a larger order at the time of cancelling the client did not pay the purchase price or agreed partial payment. Otherwise Sommerschmied GmbH reimburses return delivery costs. Goods which due to their size or weight are not suitable to shipping in a parcel, will be collected by Sommerschmied GmbH at its own expense. Costs associated with assembly and dismantling of goods and other services commissioned by the client in connection with Sommerschmied GmbH goods shall not be reimbursed in the event of a cancellation. Sommerschmied GmbH reserves the right to apply a reduction to the value stemming from a given item entering into use.

    In the event of an effective cancellation or effective return, both parties are to return all received items and money including any benefits (e.g. benefits on account of usage). If the goods received may only be returned in a deteriorated state, Sommerschmied GmbH may demand that the purchaser refunds the appropriate amount. However, this shall not be effective, if the deterioration stems solely from their typical control - for example carried out in a shop. Within the remaining scope it is possible to avoid the obligation to refund the appropriate amount if the purchaser does not use the goods in the capacity of the owner and all actions which may reduce the value of the goods are stopped.

     

    4. Receivables and payments, delay

    Payment of the purchase price shall take place once it is due to the account as indicated on the invoice. Delivery and payment terms and conditions are specified in the order confirmation. If the purchaser becomes overdue with a payment, Sommerschmied GmbH shall be entitled to charge interest on account of the delay at the rate of 5 per cent above the annual base rate, published by the European Central Bank.  If Sommerschmied GmbH suffers from a provable larger loss on account of the delay, Sommerschmied GmbH shall also be entitled to claim it.

     
    5. Delay in delivery

    Compensatory claims with respect to a late delivery or a delayed delivery are limited to damages which may be typically foreseen. This shall not be effective if the delay stems from purposeful actions of severe negligence of Sommerschmied, its statutory representatives  or parties assisting in the performance of orders. The client's right to withdraw after an ineffective lapse of additional time period remains unaffected.
     

    6. Compensation (mutual settlement) right to retain

    The right of mutual settlement is due to the purchaser and supplier only if their claims become legally binding or are determined to be unquestionable in the event of Sommerschmied GmbH. Apart from that the purchaser remain entitled to make use of the right to retain only within the scope in which his claim is based on that same agreement relationship.
     

    7. Property disclaimer

    The delivered goods remain the property of Sommerschmied GmbH until paid up in full.
     

    8. Responsibility on account of defects

    If defects are determined with respect to the purchased items, statutory provisions §§ 434 and following of  BGB (Civil Code) shall apply. The assignment of these claims by the purchaser i excluded.  Reporting defects in writing shall take place within 5 working days at Sommerschmied GmbH.

    To ascertain defectiveness of goods, the client is obligated to return the goods to Sommerschmied GmbH as far as such is possible. Sommerschmied GmbH shall assume the costs of the return delivery as long as the delivery is in fact defective.

    The purchaser shall afford Sommerschmied GmbH additional time to perform additional works. Within the scope of these works, defective goods shall be, at no extra cost, in accordance with Sommerschmied GmbH decision, appropriately corrected or supplied anew. If such actions shall prove to be ineffective, the purchaser shall have the right, without infringing any Compensatory claims, to reduce the price or withdraw from the agreement.

    Whereas no other consequences stem from further provisions, additional claims of the purchaser - regardless of their legal justification - are excluded. Sommerschmied GmbH is thus on this account not responsible for damages which occurred within the scope of the subject of the delivery, and in particular Sommerschmied GmbH shall not be responsible for loss of profit or other material losses on the part of the purchaser. To the extent which Sommerschmied GmbH liability is excluded or limited, this also applies with respect to personal liability of the employees, statutory representatives and/or entities responsible for assistance during execution.

    The above liability limitations  shall not be effective where the cause of the occurrence of damage is associated with purposeful action or a severe negligence of the part of Sommerschmied GmbH or statutory representatives and/or entities responsible for assistance during execution or if a loss of life of personal injury resulted. Also this does not apply if the purchaser is pursuing claims within the scope of responsibility stemming from the act on responsibility on account of the product.

    To the extent which Sommerschmied GmbH infringes significant agreement provisions on account of negligence, the obligation to pay compensation on account of material damage shall be limited to typical damages.

    Claims on account of defects shall fall under the statute of limitations after two years of the delivery for new items and after one year of the delivery for used items. Regulations pursuant to § 438 par. 3 BGB (Civil Code) remain unaffected.
     

    9. Supplied quantity and quality

    Quantitative fluctuations of the supplied quantity of up to ±10% are acceptable.


    10. Personal data

    Sommerschmied GmbH  shall used the personal information received from the purchaser for the requirements of executing orders, deliveries of goods and rendering a service and executing payments.  The said personal data shall be stored and processed in accordance with the binding regulations within the scope of personal data protection.

    The wording of the agreement contains personal data and the presented general trade terms and conditions. Sommerschmied GmbH shall confirm the content of personal data with the client prior to concluding an agreement in the form of an electronic conformation message. After concluding an agreement Sommerschmied GmbH shall store personal data. AT the request of the purchaser, Sommerschmied GmbH  shall make personal data pertaining to an order available to the purchaser. Further information regarding the type, scope, location and the purpose of obtaining, processing and use of personal data by Sommerschmied GmbH are available on the Internet at: http://laborglas.eu/datenschutzbedingungen.html
     

    11. Protective rights

    If production is performed on the basis of drawings, models and/or templates of the purchaser, then it is responsible for non infringement of protective rights / registered trademarks of third parties on that account. The purchaser shall relieve Sommerschmied GmbH from third party claims.
     

    12. Tools, templates, drawings and other auxiliary means for production pursuant to the client’s wishes

    All tools  and auxiliary means manufactured by Sommerschmied GmbH  shall remain the property of the company in an unlimited scope. Sommerschmied GmbH is not obliged to issue manufactured or improved auxiliary production means. Sommerschmied GmbH  reserves the right to destroy after an appropriate time the tools and auxiliary means or to use them for other orders. If a tool is to be stored for a certain period of time, this requires a written confirmation by Sommerschmied GmbH.

    Templates, drawings, files and other auxiliary means shall be correctly destroyed by Sommerschmied GmbH within three calendar weeks after an effective supply of the ordered goods.

     
    13. Applicable law

    The German law applies, with the exception of UN law within the scope of purchases.
     

    14. Customer service

    Sommerschmied GmbH CUSTOMER SERVICE DEPARTMENT IS OPEN TO RECEIVE ANY QUESTIONS OR COMPLAINTS ON WORKING DAYS FROM 09.00 to 12.00 and 14.0 to 16.00 UNDER THE CONTACT DETAILS ARE PROVIDED IN POINT 1.1.


    14. Bringing and considering court disputes and final provisions

    If one or more regulations within the present terms and conditions turns out to be ineffective, this shall result in other regulations of the present general trade terms and conditions becoming ineffective. The ineffective regulations shall be replaced by an appropriate statutory regulation.

    In the event of all disputes stemming from the contractual relationship, as long as the ordering party is a purchaser, legal person in the eyes of public law or a public - legal entity of a special asset character, the claim shall be filed at a court with jurisdiction over the headquarters of Sommerschmied GmbH. The above shall also apply if the client is not a consumer, but the location for considering court disputes is not in Germany or its residence address with respect to habitual residence is not known at the time of bringing the claim. Sommerschmied GmbH shall also be entitled to bring a claim in the area subject to the ordering party’s headquarters, that being a company. The right to enter court proceedings in another statutory location remains unaffected.

    The validity of the UN convention within the scope of purchase is excluded.

    In the event of non encrypted data provided via the Internet confidentiality is not guaranteed. Encrypted communication shall be provided upon request.

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