GTC
General terms and conditions of sale and delivery of WERBETECHNIK ART OF DISPLAY GMBH.
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​1. General
Our general terms and conditions of sale and delivery (GTC) shall apply exclusively to all present and future transactions between our company and the customer. We do not acknowledge any deviating general terms and conditions of the customer unless we have expressly agreed to their validity in writing. These GTC shall also apply if we carry out the delivery without reservation even in the knowledge that the customer's terms and conditions conflict with or deviate from our GTC and have not expressly objected to our customer's general terms and conditions.
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2. Conclusion of the contract
Our offers are subject to change at al times unless otherwise agreed in individual cases. In the event of doubt, all contracts shall only be concluded upon receipt of our written order confirmation, but at the latest upon delivery of the products sold.
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3. Prices
All prices quoted by us are net prices, i.e. plus the statutory value added tax at the respective statutory rate, unless the transaction is exempt from VAT. All prices are also exclusive of shipping and packaging costs, unless expressly agreed otherwise.
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4. Payment
Unless expressly agreed otherwise, all invoice amounts are due within 30 days of the invoice date without deduction. Cheques and bills of exchange shall only be deemed to be payment after they have been collected. The acceptance of bills of exchange always requires a separate prior and written agreement with us. If the customer is a merchant, the withholding of payments and offsetting against our payment claims is not permitted unless we have acknowledged the customer's counterclaims or such counterclaims have been justifiably established.
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5. Warranty
Our company warranty is based on the statutory provisions. In deviation from the statutory provisions, the limitation period for all warranty claims is 1 year from delivery of the object of purchase.
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6. Retention of title
We retain ownership of the delivery items until the purchase price has been paid in full. The customer is entitled to resell the delivery items in the ordinary course of business. In this case, our customer shall now assign to us all the claims in the amount of the price agreed between us and the customer (including VAT) which accrue to the customer from the resale, irrespective of whether the delivery items would have been resold without or after further processing. The customer remains authorised to collect the claim despite such assignment. Our authority to collect the claim shall remain unaffected. However, we shall not collect the claim as long as the customer meets their due payment obligations and is not in default of payment. In the event of default in payment, the customer shall immediately provide all the information required to assert the claim, submit the relevant documents to us and shall inform the third-party debtors of the assignment. Finally, we undertake to release securities to which we are entitled at the request of the customer at our discretion if their value exceeds the claims to be secured by more than 20%.
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7. Place of performance and jurisdiction
The place of jurisdiction is Mölln.
The place of jurisdiction for all disputes arising from all contracts and their conclusion is Mölln or the competent local or regional court for Mölln. However, we are also entitled to sue the customer at their registered office.