General Terms and Conditions of pure-tex GmbH

 

  1. The buyer assures to operate a fully commercial trade according to the HGB. Should this not be the case contrary to his assurance, he acknowledges the legal regulations for fully qualified merchants as valid for himself.

 

  1. Received orders shall be processed by pure-tex GmbH without engagement. A contract shall be concluded upon tacit acceptance of the order by pure-tex GmbH, unless pure-tex GmbH objects to the order within 60 days. pure-tex GmbH reserves the right to supply customers exclusively by cash payment in advance or cash payment on delivery after a credit check. The customer assures to accept the payment method cash in advance or cash on delivery in case of insufficient credit information. The order is binding for the customer. Order confirmations are sent only on written inquiry by the customers. Orders can only be cancelled by the customer within 14 days after order placement. Thereafter, the contract shall be deemed concluded and a cancellation by the customer shall only be possible after payment of a cancellation fee of 50% of the order value.
  2. The place of performance for all services arising from delivery contracts shall be the registered office of pure-tex GmbH.

 

  1. All deliveries shall be made at the risk and expense of the purchaser from the place of dispatch or storage of pure-tex GmbH. pure-tex GmbH shall commission parcel services, forwarding agents or other transport companies on behalf of the purchaser at its reasonable discretion.

 

  1. Delivery dates indicated on sample cards and order forms are non-binding. If they are exceeded, the purchaser shall be obliged to grant pure- tex GmbH a grace period of 4 weeks. Contractual penalties and claims for damages due to delay in delivery are excluded to the extent permitted by law. This applies in particular in the event of obstruction or impossibility of delivery as a result of force majeure. Fixed dates shall only apply in the event of separate written confirmation by pure-tex GmbH. In the event of exceeding the deadline, the purchaser shall be required to provide evidence of any alleged damage.

 

  1. Complaints of any kind can only be asserted by the purchaser within ten days of receipt of the goods. Stricter inspection and complaint obligations of the HGB remain unaffected by this. Customary or only minor deviations in quality, shape, colour, designs, dimensions or equipment cannot be objected to. In the case of justified complaints, pure-tex GmbH has the right to subsequent or replacement delivery. If the same goods are no longer in stock, both parties may withdraw from the contract without pure-tex GmbH being liable for damages. Reductions and damages due to defective goods or non-fulfilment are generally excluded. Complaints must be returned at no cost to pure-tex GmbH. Returns not prepaid will not be accepted. Postage for justified complaints will be creditedAll invoices by pure-tex GmbH are payable as follows:within 10 days after invoicing with 3% discount;
    Sparkasse Bensheim:BIC/SWIFT: HELADEF1BEN

    IBAN: DE73 5095 0095 0068 0002 1501 91

     

    Any other payment agreements shall only be effective with the express written confirmation of pure-tex GmbH. If terms of payment are exceeded, pure-tex GmbH shall be entitled, without further proof, to charge flat-rate dunning charges of an appropriate amount and default interest of 4% above the discount rate applicable at the time. In individual cases, proof of higher default interest shall be admissible. If the purchaser defaults on a payment, all other claims shall become due for payment immediately without the need for a separate notice of default. The set-off with counterclaims of the buyer is excluded for all conceivable cases, just as the right of retention of the purchase price is excluded, with the exception of undisputed or legally established counterclaims.

     

    For deliveries and services to buyers abroad, it is expressly agreed that all costs of legal action by the supplier in the event of default of payment, both judicial and extrajudicial, shall be borne by the customer. pure-tex GmbH reserves the right to make further deliveries dependent on prior settlement of due invoices.

 

 

  1. pure-tex GmbH is entitled to assign its claims for financing purposes.
  2. All delivered goods are subject to extended retention of title until full settlement of all claims arising from the business relationship, provided that the value of the goods does not exceed the sum of the claims. Claims against third parties arising from the resale of delivered goods are hereby assigned to pure-tex GmbH.

 

  1. The place of jurisdiction for all legal disputes between the purchaser and pure-tex GmbH arising from this and subsequent orders shall be Bensheim. However, pure-tex GmbH is entitled to sue at the buyer’s place of jurisdiction. For both parties, the contractual relationship is subject exclusively to German law.

 

  1. Conflicting general terms and conditions of the purchaser are waived unless the purchaser has explicitly objected to the above delivery and payment conditions when placing the order.

 

  1. The invalidity of individual provisions of these GTC shall not affect the validity of the remaining provisions.