Terms and conditions
General Terms and Conditions of >stockbig® Germany, a division of STOCK-B.I.G. GmbH
§ 1 Terms and Conditions
1. All of our deliveries, services and offers will be provided under these terms and conditions only and will be valid for any future business without exception. The Terms and Conditions of any of our contractual partners are only applicable where these do not contradict our Terms and Conditions or where this has been stated in writing.
§ 2 Offers and Contracts
1. Our offers - and all offers contained in advertisements or any other printed materials are non-binding. Any measurements, weights, pictures and drawings and other documentation relating to the offer can only be regarded as additional information about the subject of the contract and do not represent a confirmation or guarantee of any kind, unless otherwise specified in writing.
2. Contracts will become valid through an order or acceptance of an order in writing or delivery of the ordered goods or services.
3. The client only has the right to reductions of payments and rebates in cases where these have been legally agreed to. The client does not have the right to refuse payment of goods under any circumstances unless agreed in writing with the Company.
§ 3 Delivery
1. Delivery times are calculated starting from the date of the acceptance of the offer. The terms of delivery have been met by the Company when the product is ready to leave the premises, has left the premises of the Company at the stated delivery date and the client has been duly informed. In cases of industrial action, Acts of God or any other circumstances outside of the Company´s power, the delivery times may be extended by any such period.
2. In cases of delay of delivery caused by us, we will inform the customer of the estimated duration of the expected delay and the client may agree to a later delivery date or a cancellation of the order.
3. Part delivery of goods and services are acceptable as long as these do not exceed the agreed overall delivery time.
4. The handing over of the goods determines the moment at which accidental damage become the liability of the client. Handing over means the acceptance of the goods by the client at >stockbig®´s premises as well as handing over of the goods to forwarding agents whether these have been contracted by the customer or upon special agreement by >stockbig® on behalf of the customer.
5. Shipment is carried out without insurance. Only following the explicit demand in writing by the customer >stockbig® will insure the goods to the highest standard at the customer´s expense.
6. >stoc big® does not accept the return of packaging materials. Euro-Palettes may be credited after return in a reasonable state.
7. Shipment means that >stockbig® hands the ordered Products, Parts and Materials over to a common carrier/transport agent nominated by the customer EXW (Ex Works) at >stockbig®´s premises at Bueltbek 32-34, 22926 Siek, Germany. The customer will bear all freight costs and will always be informed of freight costs prior to dispatch by mail or telephone in the case where >stockbig® has agreed to arrange for a transport agent.
It is the customer´s responsibility to inform themselves of any taxes or additional costs or procedures involved with the importation of the goods purchased to their country.
§ 4 Reservation of Ownership
1. Ownership of the goods supplied by >stockbig® shall remain with >stockbig® and shall not pass to the customer until the agreed price for them, together with all other sums due from the customer have been paid to >stockbig® in full. As long as proprietary rights are reserved, the purchaser will be responsible for their safekeeping and is obliged to retain the goods in a proper and technically fully-operative state. Furthermore, he is obliged to bear the responsibility for any damage/loss/theft of the goods and to insure the goods sufficiently.
§ 5 Warranty and Guarantees
1. Given that the purchaser has adhered to all contractual obligations, >stockbig® gives a 6-months guarantee for all products operating at customary trade usage or a 3-months guarantee for products operating at high-end usage calculated from the start day of operation. For any damage of the products within the above time period due to inherent technical defects (i.e. products rendered unusable or are of reduced usability due to design faults, material fatigue, poor finishing caused prior to handing over of the goods), >stockbig® undertakes to replace any products or parts thereof free of charge.
The purchaser is obliged to examine the delivered goods immediately and no later than 5 days following acceptance of the delivery for any technical fault and inform the manufacturer in writing without delay. Any complaints concerning any visible defects/shortages/wrong deliveries have to be made within 7 days at the latest to >stockbig®. In case of non-visible defects a period of 7 days after discovery of the defect is valid.
Failure to report defects in good time renders warranty claims invalid.
2. Used articles are sold as seen and under exclusion of any warranty provided that the purchaser is a commercial entity. In case of newly produced articles the warranty period is 6 months from transfer of risk.
3. If the delivered article is faulty, >stockbig® has the right to either repair the fault or to deliver a flawless article subject to the exclusion of any further warranty by the purchaser. Should the repair of faults or the replacement not prove successful, the customer has the right to demand a reduction in the price or a cancellation of the contract. In as far as >stockbig® has given a warranty, liability does not include the risk of any consequential claims. Further claims, in particular for damages, are only paid in cases of gross negligence, physical injury, loss of life or impairment of health as well as a culpable breach of essential contractual duties and defects which have been withheld fraudulently or whose absence has been guaranteed. Any further liability for compensation is excluded. In particular, this is valid for claims for damages due to a pre-contractual or contractual breach as well as any delay.
4. >stockbig® does not assume any liability for delays in delivery due to Acts of God or other circumstances beyond its control.
5. >stockbig® does not assume any liability for damages resulting from wrongful assembly of machines, wrongful usage or handling of machines, entry of foreign objects, customary wear and tear, insufficient mounting. >stockbig® relinquishes all liability immediately and totally should the customer or any third party modify or repair our machines without prior agreement in writing. Any claims by the customer against >stockbig® that have not occurred to a >stockbig® machine are not valid. Claims due to the usage of the machine with unsuitable materials are not valid.
>stockbig® retains the right of ownership and copyright for all documentation and these may not be handed to third parties.
§ 6 Validity of prices
All prices indicated in >stockbig® price lists are quoted in EURO and are gross prices, including the correspondingly valid, legal value added tax. Invoices for purchasers from abroad are made out in accordance with the correspondingly valid, legal regulations.
§ 7 Payment
Delivery of articles is effected against pre-payment only. A cash discount of 2% is given. Upon agreement, the Company may accept payment by L.O.C. (letter of credit) at the customer´s expense.
§ 8 Changes
We explicitly reserve the right to make any technical changes aiming at an improvement in quality. Despite a careful preparation of all pictures and texts, any errors and omissions are to be expected.
§ 9 Data Protection
All customer data are used for the fulfilment of the purchasing contract subject to the relevant regulations of the Federal Data Protection Act (Bundesdatenschutzgesetz (BDSG)) and the Tele Service Data Protection Act (Teleservicedatenschutzgesetz (TDDSG)). >stockbig® has the right to pass the purchaser´s data on to other partners involved in the fulfilment of the purchasing contract in order to carry out their relevant services arising from that purchasing contract. For the purpose of credit rating and appraisal of creditworthiness address and credit data are transmitted to other service providers as well as, if necessary, to the German Society for the Securing of Loans (Schufa) or other commercial agencies. Furthermore, for own marketing purposes address and order data are gathered, processed and transmitted to third parties. This procedure is also carried out in line with legal regulations and with respect for your personal data.
Note: The customer is allowed, at any time, to contradict or revoke the agreement for the usage, processing and transmission of the customer´s data by contacting>stockbig®. On receipt of your contradiction or revocation we will no longer use and process the relevant data for marketing purposes.
§ 10 Others/Choice of Law/Place of Jurisdiction
1. Should any clause of these General Terms and Conditions be ineffective for any reason, the application of the remaining clauses remains valid. The contracting parties are obliged to complete incomplete elements of the contract by those corresponding to the intended contract content in an economically and legally admissible way or a nearly comparable one.
2. The German law is valid.
3. The place of jurisdiction is Ahrensburg - as far as admissible. Place of performance is Ahrensburg.
4. Language of contract is German.
Date: 18th Feb. 2009