CONDITIONS OF PURCHASE
The Standard Terms and Conditions of the German Textile Industry as amended from time to time as well as our following Special Terms and Conditions of Ordering and Delivery shall apply to this order. The Standard Terms and Conditions of the German Textile Industry shall apply only to the extent that nothing to the contrary is stipulated in the following Special Terms and Conditions of Order and Delivery.
l. Order acceptance
a) Order confirmations of the Seller containing terms and conditions of purchase other than these shall not be accepted even if they are not expressly contradicted. Our terms and conditions of order and delivery shall also apply to future orders.
b) An order confirmation on the part of the supplier is not required
ll. Withdrawal from the order
a) The violation of an exclusive sales agreement by the supplier entitles us to withdraw from the purchase contract and to return the goods already delivered. Withdrawal shall be effected by written declaration to the supplier. The execution of the right of withdrawal shall not affect the right to assert claims for damages.
b) If the Supplier does not execute a delivery despite a validly agreed order, the Supplier shall reimburse the additional costs incurred by the Purchaser as a result (for covering the requirements elsewhere) as well as the uselessly expended costs for the order not executed.
lll. Order and position number:
It is imperative that our order and item number be indicated on your delivery notes and invoices (in duplicate), otherwise it will not be possible to process the shipment.
If a processing delay occurs due to the order and item number not being stated, the time decisive for the assertion of the cash discount deduction shall not begin until you have stated the order/item number.
lV. Delivery note and invoicing
a) A delivery note and an invoice in duplicate shall be issued separately for each order. The relevant type of goods with article and colour number as well as the delivered sizes must be indicated on the delivery note and invoice.
b) In this respect section lll paragraph 2 shall apply accordingly.
c) Furthermore, the supplier's bank details and account number must be stated on the delivery note and invoice. Otherwise, we shall not be liable for any damage caused by delayed receipt of payment.
V. Terms of payment
a) For domestic transactions, the following applies: 10 days with 4% discount, 30 days with 2 1/4% discount, 60 days net or, in accordance with the standard terms and conditions § 8 clause 7, the decade regulation.
b) For foreign business, clauseshall apply accordingly with the proviso that the term of payment shall commence with the receipt of the goods on the premises.
c) For domestic and foreign transactions, the following also applies: Section lll. Para. 2 shall apply accordingly.
a) Returns will be charged and invoiced by us immediately.
b) Replacement deliveries must be invoiced anew
Vll. Warranty provision
The seller (supplier) guarantees that the ordered parts have been manufactured in compliance with the standards for environmentally harmful substances applicable in the Federal Republic of Germany and that there are no legal obstacles to their sale to the end consumer in the FRG and that the delivered goods comply with the requirements of the German Commodity Ordinance (Bedarfsgegenständeverordnung) in the currently valid version.
For recycling reasons, the seller (supplier) undertakes to use only clothes hangers made of polystyrene.
Furthermore, the seller assures to use only polyethylene (LD films).
Vlll. Labelling obligations
a) Labels with raw material content information: The ordered goods are to be provided with raw material content information labels in one piece in accordance with the respective labelling obligation pursuant to the regulations of the Textile Labelling Act.
If the prerequisites for this are fulfilled, sew-in labels with care symbol and quality information such as "pure wool", "pure wool worsted yarn" etc. or the international wool seal (IWS) are to be attached to the delivered goods.
b) Brand and sew-in labels of our company
Our own company labels are to be sewn into the delivered goods at no further cost to us. If this is not done, we shall be entitled to charge the supplier for the costs incurred by subsequently sewing in the company labels.
lX. Assignments/ Factoring
a) Invoice amounts may only be assigned by the supplier to third parties with our written consent.
b) If the supplier assigns claims without our written consent in breach of the agreement, he shall reimburse us for all costs and damages incurred as a result. If factoring banks are involved, we shall be entitled to charge the supplier for any additional costs incurred as a result. The obligation to reimburse costs in the case of assignment of claims to factoring banks exists irrespective of whether we have agreed to this assignment or not. Instead of a detailed list of costs, we shall be entitled to charge the Supplier a flat-rate processing amount of € 50 if a factor bank is involved.
X. Shipping instructions
a) Each consignment must be accompanied by a copy of the invoice or delivery note stating our order number as well as the information required in clause 4.
b) All postal packages are free of charge.
c) Bulk mail with hanging garments only carriage forward by forwarding agents to be determined by us.
Xl. Additional shipping instructions for foreign orders
a) Material description: It is absolutely necessary to state the material description on the invoice, e.g. wool, cotton, silk, synthetic etc. as well as woven or knitted if necessary with certificate of origin.
b) Movement certificate (EUR 1 or EUR 2) is to be enclosed with the shipping documents if prescribed
Xll. Compensation in case of violation of shipping instructions
In the event of non-observance of the agreed shipping instructions, the supplier shall compensate us for any damage resulting therefrom.
Xlll. Anders Terms of delivery
The substantive and procedural law of the Federal Republic of Germany shall apply to this order and the unit terms on which it is based and any other agreements.
XlV. Place of performance and jurisdiction
Place of performance and place of jurisdiction for both contracting parties is - as far as legally permissible - Munich.
XV. Severability Clause
The above Terms and Conditions of Purchase and Delivery shall be governed by and construed in accordance with German law. Should one of the provisions or parts thereof not be compatible with German law, then what is intended by the parties shall apply in a legally permissible form.
Please be sure to specify the order and item no. when exchanging invoices (2 copies) and delivery notes, as otherwise processing is not possible.
Be sure to specify the order and item numbers in all correspondence, invoices (2-fold) and delivery notes since otherwise processing will not be possible.
Correspondence, goods and invoices to be addressed solely to:
Veuillez impérativement indiquer le numéro d'ordre et de position pour toute correspondance, facture (en double) ét tout bon de livraison, otherwise il ne nous sera pas possible de donner suite à votre envoi.
Corrispondance, marchandise et facture à adresser uniquement à:
Nella corrispondenza, fattura (2 copie) e boiletta di consegna si prega di citare in ogni caso il N di commissione e posizione in quanto se esso manca non è possible procedere a riguardo.
Corrispondenza, merce e fattura a:
Triebstrasse 36-38 - 80993 Munich
Phone: 0049(0)8921039-0, Fax: 0049(0)8921039-250
Registered office of the company: Munich, Commercial Register Munich HRB 43951
Managing Director: Markus Höhn
PURCHASE AND DELIVERY TERMS AND CONDITIONS
(Here you can download the PDF version of our Purchase and Delivery Terms and Conditions)
The relevant valid version of the standard terms and conditions of the German textile industry and our special order and delivery terms and conditions below apply to this order. Here the standard terms and conditions of the German textile industry apply only in so far as nothing different is stipulated in the special order and delivery terms and conditions below.
All orders placed by us are only legally binding if they have been produced on our own order forms. Orders on the order forms of our suppliers are not recognised. The law of the Federal Republic of Germany applies to all legal relationships that arise from the following contract for the parties and their legal successors.
I. Order acceptance
a) Order confirmations by the seller with purchasing terms and conditions other than these are not recognised even where they are not expressly contradicted Our order and delivery terms and conditions also apply to future orders.
b) No order confirmation is required from the supplier.
II. Withdrawal from the order
a) Breach of an exclusive sales agreement by the supplier entitles us to withdraw from the purchase contract and to return the goods already delivered. The withdrawal is made with a written declaration to the supplier. Exercising the right of withdrawal does not affect the right to claim compensation for losses.
b) If the supplier fails to make a delivery despite a valid agreed order, the additional costs (to cover requirements from elsewhere) incurred by the ordering party as a result and the costs incurred in vain for the unfulfilled order are to be reimbursed.
III. order and item numbers
It is essential for our order and item numbers to appear on your delivery notes and (duplicate) invoices since it is otherwise not possible to process the consignment. If there is a delay in processing as a result of failure to state the order number or item number, the definitive period for claiming a deduction for discount does not commence until you state the order/item number.
IV. Delivery note and invoicing
a) A separate delivery note and invoice in duplicate are to be produced for each order. The relevant class of goods with the article numbers and colour numbers and the sizes delivered must be stated on the delivery note and invoice.
b) In this regard, Point III Para. 2 applies where relevant.
c) The delivery note and invoice must also show the supplier's bank details including account number. Otherwise we are not liable for losses arising from late receipt of payment.
V. Payment terms
a) The following applies to domestic transactions:
10 days with 4% discount, 30 days with 2¼% discount, 60 days net or the 10-day rule according to § 8 Point 7 of the standard terms and conditions.
b) The following applies to foreign transactions: As Point V a) but with the condition that the period for the payment terms commences with the receipt of the goods by the firm.
c) The following also applies to both domestic and foreign transactions: Point III Para. 2 where relevant.
a) We will immediately charge and offset any returns.
b) Replacement deliveries must be charged for separately
VII Guarantee term
The seller (supplier) guarantees that the parts ordered have been produced with the observance of the standards relating to substances hazardous to the environment applicable in the Federal Republic of Germany and there are no hindrances to the sale to the end consumer in the FRG and that the goods delivered comply with the relevant applicable version of the Bedarfsgegenständeverordnung (German Consumer Goods Directive). For reasons of recycling, in the event of the use of clothes hangers the seller (supplier) undertakes to use only those made of polystyrene. The seller also promises to use only polyethylene (LD films).
VIII. Duty to mark
a) Labels stating the raw materials content:
The goods ordered are to bear labels on the items showing the raw materials content in accordance with the relevant duty to mark according to the provisions of the Textilkennzeichnungsgesetz (Textile Marking Act).
Provided that the preconditions for this apply, sewn-in labels with care symbols and quality statements such as "pure wool", "pure wool worsted" etc. or the international wool symbol (IWS) are to be attached to the goods delivered.
c) Our firm's brand labels and sewn-in labels Our firm's labels are to be sewn into the goods delivered at no additional cost to us. If this does not happen, we are entitled to charge the supplier with the costs incurred for the subsequent sewing in of the firm's labels.
a) Invoice amounts may be assigned to third parties by the supplier only with our written consent.
b) If the supplier assigns receivables without our agreement and without our written consent, he must compensate us for all costs and losses incurred as a result. In the event of the involvement of factoring banks we are entitled to charge the additional costs resulting from this to the supplier. The obligation to reimburse costs in the event of the assignment of receivables to factoring banks exists regardless of whether we have consented to this assignment. In the event of the involvement of a factoring bank we are entitled to invoice the supplier for a fixed processing charge of € 50.00 instead of producing a detailed statement of costs.
X. Dispatch rules
a) Every consignment must be accompanied by a copy invoice or delivery note showing our order number and the statements required in Point 4
.b) All postal parcels are free of charge.
c) The carriage of large finished products dispatched on racks is only chargeable where we specify the form of carriage.
XI.Supplementary dispatch rules for foreign orders
a) Description of the material
It is absolutely essential to show the description of the material on the invoice e.g. wool, cotton, silk, synthetics etc. and whether woven or knitted and if necessary with reference to its origin.
b) A goods movement certificate (EUR 1 or EUR 2) is to be included with the dispatch documents if stipulated.
XII Compensation in the event of breach of dispatch rules
In the event of failure to observe the agreed dispatch rules, the supplier must compensate us for any resulting costs.
XIII Variant terms and conditions of delivery
The substantive and procedural law of the Federal Republic of Germany applies to the present order and the standard terms and conditions on which it is based and any other agreements.
XIV Place of fulfilment and jurisdiction
The place of fulfilment and jurisdiction for both parties to the contract is - in so far as legally permitted - Munich.
XV. Saving clause
The above purchase and delivery terms and conditions comply with applicable German law. If any of the terms or parts thereof are incompatible with German law, the parties' intention in a legally permitted form shall apply.
Be sure to specify the order and item numbers in all correspondence, invoices (in duplicate) and delivery notes since otherwise processing will not be possible.
Correspondence, goods and invoices to be addressed solely to:
Triebstrasse 36-38 - 80993 Munich, Germany
Telephone: 0049(0)8921039-0, Fax: 0049(0)8921039-250
Company registered office: Munich, Munich Commercial Register HRB 43951 Managing Directors: Markus Höhn