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Jadeo Germany GmbH
Benzstraße 2
72636 Frickenhausen - Germany

Tel.: +49 (0) 7022 961 39 99 0
eMail: customers@jadeogermany.com

USt-ID.: DE230305301
St.-Nr.: 89078/41223
AG Stuttgart HRB 733690

CEO : Sylvain Ferreira

1. General - Scope

1.1. Our Terms of Purchase shall apply to all current and future business relationships. Contrary or supplementary terms of the supplier or terms of the supplier that deviate from our Terms of Purchase shall not form part of the Agreement even in knowledge thereof unless we consented explicitly to their applicability in writing. Our Terms of Purchase shall also apply if we unconditionally accept the delivery of the supplier in knowledge of contrary terms of the supplier or of terms of the supplier that deviate from our Terms of Purchase.

1.2 Our Terms of Purchase shall only apply vis-à-vis entrepreneurs pursuant to Section 14 German Civil Code (BGB).

2. Offers and orders

All offers are subject to change. The contract is concluded when you receive a written confirmation to your order. All prices are in Euros (€) and do not include applicable sales tax/VAT. All prices shown on our online shops for private persons include sales tax /VAT. All details correct to the best of our knowledge. Prior sale reserved. No liability accepted for any errors. In case of ordering individualized items please notice that the given delivery times are after your sample approval. We expressly reserve the right of price adaptations warranted by changing commodity prices and fluctuation.

3. Payment

3.1 Unless agreed otherwise by the parties the price is to be fully paid without any deductions within 10 days of the date of the invoice. A payment on due date is done upon receipt of the payment by us and in case of a bank transfer on our bank account that is decisive.

3.2 We have to invoice payment default interest rates at a rate of 10% above the then applicable basic interest rate of the European Central Bank.

3.3 All claims will be due as soon as the payment is not received on time or when the financial situation of the customer changes dramatically.

3.4 We expressly reserve the right of price adaptations warranted by changing commodity prices and fluctuation especially if the time between the offer and the order takes more than six weeks. We also expressly reserve the right of price adaptations in the case that in the time between the contract and the delivery the wages, costs of material or cost prices record a cost increase. The customer is only authorized to withdraw from the contract, of the general cost of living changed by 12% in the time between the order and the delivery of the items.

4. Retention of Title

4.1 We reserve the property on the delivered items until complete payment of all claims resulting from the commercial relationship.

4.2 We expressly reserve the right to call back the delivered items, as soon as the payment is due.

4.3 The customer shall immediately inform us of any seizure of the reserved merchandise by third parties.

4.4 Transfers by way of security, pledges and other court orders concerning items owned by us require explicitly our agreement.

4.5 The customer is obliged to insure the reserved merchandise against theft, robbery, housebreaking and fire and water damage in our interest.

5. Terms of Delivery

5.1 The delivery occurs at customer's risk and expense. We reserve the right of supply. Costs of packaging will be charged at cost price. The transfer of perils exists from the time of ready to transport rather from the time of the transfer to the freight carrier latest from the time the goods leave the commercial property.

5.2 The delivery time stated in the order confirmation is approximately calculates and not binding. We assume no liability for delays or scarcities resulting from damages of the packaging.

5.3 The obligation to deliver the goods like stated in the order confirmation will expire, as soon as the customer is in delay with information or data needed for production. In the case that no date is advised for the forwarding of the needed data, the deliverer will be not responsible to deliver to a stated date, as long as the buyer is not able to verify that the needed data was delivered at the right time. This case is also valid, as long as the prepayment like stated under point 3.1 is not occurred, as long as there is no other payment advised.

5.4 Damages occurred during the transportation must be announced in-between 24 hours after receiving the goods. In case of obvious damages the freight carrier has to be informed immediately and a written confirmation is needed. The buyer is obliged to control the goods and to announce claims immediately. In every case we reserve the right to remedy or replacement.

5.5 We reserve the right to deliver quantities which depart from the stated quantities of 5%. The general error rates of 1 to 5% for imported goods have to be accepted.

5.6 Delay in acceptance: The acceptance of the ordered goods is the main contractual obligation. In the case that the ordered goods are not accepted for reasons which result from the buyers side, we reserve the right to invoice the total costs for delivery as well as indemnity of 15 € for each parcel send. We also reserve the right for further indemnities resulting from the contract.

6. Warranty

6.1 In the case of warranty claims we reserve the right for remedy or for a free replacement substitutional for the goods complained. In the case of failure of the remedy or the replacement the buyer is able to become abatement of the purchase price or the right to withdraw from the contract.

6.2 There is no right for warranty claims if the buyer has made modifications or has taken service without our permission.

6.3 Only the buyer has the right for claims for warranty which are not transferable.

6.4 We reserve the right for deviations caused by production or technical variations concerning design, color, and quality and so on. Especially printing colors can be different because of the different printing techniques. Technical data are based solely on information declared and provided by the producer. We reserve the right for changes in construction and the design, which are based on technical and legal improvements and changes during the production time, as long as the delivery item will not be changed dramatically and the changes will be just and reasonable for the buyer. Especially in the case of imported goods there can be changes from the delivered sample.

7. Liability

Liability shall exist only in the case of gross negligence or premeditation and shall be limited to the merchandise value. This limitation shall not apply in the event of damage to life, body or health. Incidentally the liability is excluded. The liability is also excluded in the case of act of nature beyond control and other causes which are beyond of our control.

8. Right of withdraw and reconsignment

8.1 We reserve the right to withdraw from the contract as soon as the financial situation of the customer changes dramatically or as soon as it is obvious the customer is no more solvent.

8.2 Goods hat were individualized will be invoiced by 100% in advance. The right of withdraw is generally not given in this case.

8.3 Referring to 1.1 reconsignments will just be accepted if it is accepted by us in written form, otherwise not. Reconsignments which were not fully stamped and which were not declared will be invoiced and send back to the buyer. All other claims will be still valid.

8.4 Samples will always be send out at extra cost. These costs are refundable in case of contact.

9. Copyright

We reserve the right for all our written or electronically published articles and data as well as the produced goods and ideas. These conditions are also valid for the play back and storage of printed and electronically published catalogues as well as control reports. The buyer claims with the conclusion of a contract that he agrees in every particular.

10. Sonstige Vereinbarungen

10.1 The assignment of duties of the buyer based on the contract with us requires our special written approval.

10.2 In the case that one condition is ineffectual all other conditions are still effectual.

10.3 The present General Terms and Conditions for Services as well as the individual service agreements with the Customer and their formation are governed by the laws of the Federal Republic of Germany.

10.4 All conditions of the buyer are reversed with these conditions of contract.

10.5 The place of performance and jurisdiction for both contract parties is Reutlingen; the court of jurisdiction shall be the responsible court in Reutlingen.

These Conditions of Purchase were originally issued in the German language and the German version shall apply. The English translation shall serve to the better understanding of the Supplier only.

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Kultfaktor.de | Herstellung // Großhandel // Direktimport
Jadeo Germany GmbH
Benzstraße 21
72636 Frickenhausen - Germany
Ansprechpartner: Tamara Encz
Fon: +49 (0) 7022 961 39 99 0
Email: t.encz@jadeogermany.com
Internet: www.Kultfaktor.de
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