General Terms and Conditions
The general terms and conditions described below apply to all deliveries provided by Wiegand International GmbH. Any delivery conditions of purchase on the part of our Buyers and any verbal agreements shall only become effective if confirmed by us in writing.
2. Minimum Order
The minimum order is currently € 500,00. A surcharge shall be added to orders below this sum. Any special conditions arranged are to be cancelled.
The prices shown in our web-shop are selling prices excluding VAT. These will be in Euro and based on the prices applicable on the day of purchase.
4. Placement of orders
All kinds of orders and offers shall only become binding by our written confirmation or once we have delivered the goods with invoice to the Buyer. Special wishes or specifications must be repeated on all orders. In order to minimize administration written confirmation of orders shall only be sent at the express request of the Buyer.
Delivery is at the Buyer’s risk. The risk lies with the Buyer as soon as the goods / consignment have left the delivery point at Wiegand International GmbH. Generally Wiegand International GmbH delivers goods unfree. Special delivery conditions, for instance „delivery free company premises“ or „delivery free site of use“ must be agreed in writing.
Our obligation to deliver is suspended where a Buyer is within areas of payment. The choice of routing and mode of transport shall be at our discretion.
6. Delivery times
The delivery times given by us in our offers and orders are not binding. In the events of force majeure or circumstances for which the Buyer is responsible, the delivery time shall be extended as deemed appropriate.
Our packaging satisfies the safety requirements of the traffic regulations. Goods are delivered always in the manufacturer’s packaging. Further packaging shall be determined by the respective requirements. Additional costs incurred by additional packaging shall be charged separately. The Buyer’s own packaging may only be used following prior arrangement.
Packaging may only be returned, in line with the legal provisions, following prior consultation with us.
8. Complaints, guarantees, liability
The Buyer must check immediately upon receipt of the goods if the condition and quantity meet the contractual agreement. Defects detected on proper inspection of the goods and the supply of goods or quantities of goods other than the goods or quantities ordered must be reported within 14 days of receipt of the goods.
The supplier must be notified of latent defects as soon as these have been detected but within six month of receipt of the goods at the latest.
Where the Buyer fails to report defects in time, the condition and quantity of the goods delivered shall be deemed as accepted by the Buyer. Guarantees and fair deals are based on the respective conditions of the manufacturer.
Goods claimed to be defective may only be returned to Wiegand International GmbH with our express approval. Where the Buyer has identified the defects or the supply of incorrect quantities in good time, the goods – as we deem appropriate – shall be exchanged or taken back and the purchase price reimbursed. Where the goods are exchanged and the replacement goods are also found to be defective, the Buyer is entitled to cancellation or to a reduction in price. Where the incorrect quantities have been reported in time we may choose between subsequent delivery and crediting the due amount. With any complaints the goods and the packaging are to be completely stored. Free access to the goods and packaging has to be granted us on our request.
9. Terms of payment
Payment must be made within 10 days net as of the invoice date or as per individual agreement.
Where payment is made by giro or cheque, payment shall only be considered made once the invoice amount has been credited to our bank account. Where payment is delayed we are entitled to charge the usual interest rates. We are entitled to demand cash before delivery in case of a new business connection, in case of payment delays and by doubts about the financial standing.
10. Retention of title
All goods supplied by us remain our property until the Buyer has settled all his accounts payable from our mutual business relation.
Where the Buyer processes the goods supplied by us, we are deemed to be the manufacturer and thus acquire the title to the newly produced goods. The Buyer relinquishes to us as warranty all account receivable from the sale of goods to which we have the right of ownership corresponding to our title share of the goods sold.
The Buyer must notify us immediately of any breach of our rights to goods in our possession, especially seizure and other court-ordered receivership. Where the Buyer defaults on his full obligations to us he must relinquish the goods to Wiegand International GmbH on request without our having to withdraw from the contract.
11. Non-binding consultancy
We advise our Buyers to the best of our knowledge and ability.
12. Changes / Cancellations / Returns
Changes, cancellations, returns require our expressive prior agreement, we are not obliged to consent. For cancellations we generally charge 20%, however at least € 20,00.
13. Applicable purchase right
This contract is subject to the laws of the Federal Republic of Germany, unless anything different has been expressively agreed.
14. Place of fulfillment
The place of fulfillment for deliveries is Hamburg. The place of fulfillment for the obligations on the part of the Buyer, especially payment, is Hamburg.
15. Place of jurisdiction
Where legally accepted, Hamburg shall be exclusive place of jurisdiction for all conflicts arising as a result of this contract.
16. Effectiveness of individual provisions
Where the individual provisions lose their validity this shall not affect the validity of the remaining provisions.
Hamburg, October 2014