Terms of delivery and payment

AGB's

A) Terms of delivery
The delivery shall take place under the Standard Terms of the German Clothing Industry as revised on 1st January 2002. Fixed dates cannot be accepted. They shall be deemed invalid, even without an explicit objection by us. The delivery shall take place ex works; shipping expenses shall be borne by the recipient. We shall not be liable for damages and losses which the goods suffer during transport. We shall ship the goods uninsured. The recipient is recommended, immediately after receipt of the consignment of goods, to examine it for transport damages and transport losses and to assert a claim for these immediately to the carrier. The respective liability provisions of the carrier shall apply for compensation for transport damages and transport losses. The goods shall remain our property until payment has been made in full and may not be either assigned or pledged to third parties. The delivered goods shall remain the property of the Seller until the payment of all the Seller''s claims arising from the business relationship. The Buyer may, however, sell or process the goods in the ordinary course of business. If the delivered goods are resold by the Customer, the claim arising from this shall be assigned to the Supplier by way of security. The Buyer must inform the Seller immediately of any pledging of these goods by third parties. Invoices shall be issued on the day of shipment or, in the event of an obstruction to the shipment without fault, on the day of readiness for shipment.
B) Terms of payment
Within 10 days of the invoice date 4% discount, within 30 days 2.25%, within 60 days net. In the event of special prices, the invoices shall be payable immediately net cash. If the terms of payment are not observed and circumstances occur that alter the Buyer''s creditworthiness, all our claims and any bills of exchange or cheques shall be due immediately irrespective of the term. In the event of a default of payment, we are entitled to take back the delivered goods to secure our claims, without this being seen as a withdrawal from the contract, and to use them at our own discretion. We expressly reserve the right to decide on the amount of the credit note with respect to goods that have been taken back under the reservation of title. The retention of payments or offsetting by the Buyer on account of counterclaims that are not or not yet fully recognised shall be excluded. Bills of exchange shall only be accepted if a corresponding agreement was made when the order was placed. Bills of exchange, if they are taken as payment, shall only be accepted against reimbursement of the bank, discount and collection charges. Bills of exchange and accepted bills with a term of more than three months shall not be accepted. If part deliveries are made and the Buyer is fully or partially in arrears for more than 60 days, the Seller is entitled to demand the whole of the remaining purchase price for the remaining part deliveries and to retain the further part deliveries until the final payment has been made. In the event of a default of payment, the Seller shall no longer be tied to the agreed date, and the above procedure may be followed
C) Liability provisions
Our products shall be produced with the greatest possible care. We reserve the right to make changes to our models on the basis of a general fashion trend (e.g. foot widths). Complaints may only be taken into consideration 10 days after receipt of the goods. Complaints may not be made about standard or minor, technically unavoidable deviations in the quality, colour, weight, the finish or the design. No complaints may be made after alterations have been made to the delivered models. If some trousers cannot be delivered because of imperfections in the fabric, the Buyer is not entitled to cancel or return the other trousers of the line or the design.
D) Place of performance, place of jurisdiction, other agreements
The place of performance for both parties shall be Uslar. The place of jurisdiction, irrespective of the value in dispute, is agreed as the District Court of Göttingen. This place of jurisdiction shall also apply for claims that are asserted in the course of dunning proceedings if the Buyer is not a registered merchant. The court to which the case is first brought shall have jurisdiction. In the event of any statutory pay rises or soaring raw material prices, we must reserve the right to change our prices. German law shall apply to deliveries abroad. By placing an order or accepting the delivery, the Buyer acknowledges the above terms and conditions. Deviating terms and conditions shall only be valid if they are expressly accepted by us in writing in the individual case. Agreements by telephone or other oral agreements must be confirmed in writing in order to be legally valid.
E) Order Confirmation
Silence with regard to this order confirmation shall signify acceptance within 8 days.
F) Commercial Enterprise
The Buyer expressly declares that it has a business enterprise registered as a merchant, of a kind and on a scale which requires commercially organised business operations.
G) Returns Processing Fees
Returns handling fees shall not be acknowledged by us.
H) Returns
Returns shall only be accepted by prior agreement with the competent person from our Sales Department.