General Terms and Conditions of Sale and Delivery of FRANKEN GmbH
The FRANKEN programme is constantly being improved and complemented. Changes of the programme, colour and dimensional deviations, possible printing errors are expressly reserved.
A contract between FRANKEN GmbH and the customer is only concluded if FRANKEN GmbH confirms the order in writing or delivers the ordered goods. These General Terms and Conditions apply solely. Offers of FRANKEN GmbH are always subject to confirmation. Modifications or purchase conditions of the customer require the written approval of FRANKEN GmbH. Custom-made products cannot be cancelled after order confirmation.
All items on stock are delivered without any additional charges for packaging. For custom-made products, the packaging will be charged at prime costs. The packaging must be disposed of via the “Green Dot“.
The delivery time can be taken from the order confirmation. This period is approximate and non-binding, but is usually two working days from the day the order is registered.
All deliveries are made at the expense and risk of the consignee. FRANKEN GmbH reserves the right to determine the route and method of shipment. We charge € 1.95 plus 19 % statutory VAT = € 2.32 as a pro rata transport insurance lump sum for each consignment. Any further transport insurance will only be provided on request and at the expense of the consignee. From an order value of € 250.00 the delivery is free of charge. The minimum order value is € 50.00. Below that sum a minimum quantity surcharge of € 5.00 will be added.
Retention of title
The delivered goods remain the property of FRANKEN GmbH until the purchase price has been paid in full. The goods subject to retention of title may neither be pledged by the customer to third parties nor assigned by way of security before full payment of the secured claims. The customer must inform FRANKEN GmbH immediately in text form if and to which extent the goods of FRANKEN GmbH are seized by third parties.
Defects must be reported immediately and in writing, though no longer than 24 hours after receipt of the goods. Hidden defects must be filed immediately after their discovery. If a notification of defects is not made at all or not made in due time, the goods shall be deemed accepted. The enforcement of warranty claims or claims for damages due to the defect itself as well as the right to contestation on grounds of error are excluded in these cases. The customer must always prove that the defect already existed at the time of delivery. If the complaints are justified, we reserve the right to fulfill the warranty claim at our choice by either repair or replacement or price reduction. Transport damages due to shipment by rail must immediately be identified and established by official railway report. Transport damages due to shipment by truck must be noted on the bill of lading and confirmed by the driver. Freight documents and statements of damages must be submitted immediately.
Exchange or return of goods
The goods can only be exchanged or taken back with the approval of FRANKEN GmbH. Returns for which FRANKEN GmbH is not liable are made at the expense and risk of the customer. FRANKEN GmbH reserves the right to accept the goods or to charge handling costs. Custom-made products are generally excluded from exchange or taking back.
Prices and Payment
The invoices of FRANKEN GmbH are to be paid with a 2 % discount within 10 days from the invoice date or net within 30 days from the invoice date. If the customer does not pay within 30 days after the due date and receipt of an invoice, the customer is automatically in default. Subsequently, FRANKEN GmbH has the right to charge interest on arrears amounting to nine percentage points above the base interest rate and a lump sum of € 40.00.
Place of Performance and Jurisdiction
Place of performance for delivery and payment is Neuss, Germany. The courts competent for the registered office of FRANKEN GmbH are recognized as the place of jurisdiction.
Data protection provisions
The processing of personal data is made exclusively on the basis of the customer’s consent or on the basis of a legitimate interest in the processing. It is made as well in compliance with the legal data protection regulations and documentation obligations valid at that time.
FRANKEN Planungs- und Organisationsmittel GmbH
Forumstr. 2 l 41468 Neuss l Germany l Tel +49(0)2131 3498 -0 l Fax +49(0)2131 3498 –88 l www.franken-gmbh.de l e-mail: [email protected]
Friedrich Biermann Logistik und Spedition GmbH l Oberallener Weg 12 l 59069 Hamm – Rhynern l Germany