General Terms and Conditions of Business
1. Validity of terms and conditions
The deliveries and services of the Seller ensue exclusively on the basis of these terms and conditions. These terms and conditions shall be deemed accepted at the latest upon the receipt of goods or services.
We reserve proprietary rights and copyrights to all operating materials used by us for the purpose of quotation preparation or for the processing of an order; such operating materials may include sketches, drawings, models and templates and, in particular, copies of samples. These materials shall not be supplied to the Customer, even if these operating materials are charged for separately.
2. Offer and conclusion of contract
All offers made by the Seller are subject to change and are non-binding. Drawings, illustrations, dimensions and other performance data shall only be binding if this is expressly agreed in writing.
All specified prices are recommended retail prices. Invoices are always be made out in EUROS. Unless otherwise agreed, prices are calculated ex works and exclude packing, shipping and insurance costs.
Shipments abroad (within Europe) which are zero-rated can only be carried out by the Supplier provided that the value added tax identification number has been authorised by the German Federal Ministry of Finance. It is therefore essential that your address completely matches the address filed with the public authorities.
4. Date of delivery, period of delivery and performance
The date of delivery stated on the offer and invoice is approximate and does not constitute a binding date of delivery. In the case of high order intake, delivery can take several weeks longer than stated.
The Seller is entitled to make partial deliveries and render partial services at any time. In the event of delays in delivery and services due to force majeure or other incidents – including strikes, lockouts, official orders, etc. – the Seller shall not be liable, even if deadlines and dates are binding.
4.1. Consignment on approval
We shall charge a handling fee, according to expenditure, of between €15 and €25. This payment shall be credited if a purchase takes place. Instruments can only be supplied on a sale or return basis against payment of a deposit.
5. Transfer of risk
The risk is transferred to the Buyer as soon as the consignment has been handed over to the person in charge of the transportation, even if carriage paid delivery has been arranged.
The warranty period begins on the date of delivery. The Seller undertakes to ensure that the products are free of manufacturing defects. This does not include surface finishes such as silver and gold plating or parts subject to wear. The statutory warranty periods shall apply. Complaints must be made within 8 days of receipt of the goods.
7. Retention of title
Title to the goods shall remain vested in the Seller until payment has been made in full. The Buyer shall therefore not be entitled to sell, pledge, rent or lend goods that are subject to retention of title. In the case of a breach of contract – in particular delayed payment – the Seller reserves the right to repossess the goods which are subject to retention of title. The right to return or exchange custom-made products and used mouthpieces remains strictly precluded. Instruments and mouthpieces made in accordance with samples, copies, drawings, data, etc. do not fall under the abovementioned prices but shall be invoiced separately.
Payment for custom-made products shall only be made by cash on delivery or advance payment.
Craftsmen’s invoices are strictly net and payable within 15 days, unless otherwise agreed. All payments are free of charge. From the date of default in payment, the invoice amount shall be subject to a default interest rate of five per cent above the basic interest rate. The goods shall remain the property of the Seller until full payment has been made. The invoice is deemed to have been accepted at the latest upon payment. Complaints regarding invoices must be made within a period of four weeks following the receipt of the invoice.
8.1 Payment by Credit Card
VISA, MasterCard, Maestro, JCB, Discover, Bccard, DinaCard and RuPay are accepted. (For non-EU countries: the fee charged per transfer is 3.2% of the invoice amount + €2.00)
9. Applicable law and place of jurisdiction
The law of the Federal Republic of Germany shall apply to these terms and conditions and all legal relationships between the Seller and Buyer. The place of fulfilment is Markneukirchen, Vogtland. The sole place of jurisdiction is Plauen, Vogtland. Should any of these terms or conditions be or become ineffective, the validity of the remaining terms and conditions shall remain unaffected.
©Bernhard W. Schmidt. All texts, pictures and other works published on the internet page are subject to the copyright of Werner Chr. Schmidt company, Markneukirchen, if not otherwise indicated. Any duplication, distribution, storage, communication, broadcast and reproduction or transmission of the contents without written approval from Werner Chr. Schmidt company is prohibited. All information without guarantee.