General terms of sale, payment and delivery of Kaymogyn GmbH
Offers are subject to change. On confirming an order, the customer acknowledges the delivery terms of the seller. Delivery take place ex works or distribution warehouse, freight free to the address specified by the customer. Delivery of orders to the value of less than 250 Euros net are subject to a delivery charge of 25 Euros. The recipient carries the risk of transportation. Prices are net, subject to the applicable rate of value added tax. The list prices valid on the day of shipment apply. Special terms are binding only if confirmed in writing by the supplier. Invoices are payable net within 10 days. Bills of exchange are not accepted unless explicitly agreed. Bills of exchange and discount charges are payable by the customer. In the event of late payment, the supplier is entitled to charge customary default interest as of the date of maturity.
Retention of title
The goods are delivered subject to retention of title. Until full payment of all the demands arising from the business transaction, the goods remain the property of the supplier. The customer is entitled to resell or use the goods in accordance with standard business practices. This does not apply outside of Germany. Demands arising from resale are assigned to the supplier until payment for the goods has been settled. Third-party access to the supplied goods subject to retention of title or to ceded demands are to be notified to the supplier without delay. Any irregularities concerning the goods must be noted immediately on this form! Any damage, as well as any which is not outwardly visible, must be reported to the carrier within 6 days. (§60ADSp – General German Regulations of Carriage).
If agreed delivery dates cannot be honoured as a result of acts of God, the supplier cannot be held liable for compensation claims. Acts of God entail any events for which the supplier cannot be answerable. The district court of Freiburg is agreed as the sole court of jurisdiction for both parties. To both the customer and supplier, the place of jurisdiction and fulfilment is that of the seller. Agreements are subject to German Law.