General terms and conditions of delivery and payment
- The following conditions are considered as binding for the business transactions accepted by the buyer, to the extent nothing different is agreed in writing.
- In the case of companies with which the glassworks does not maintain a regular business relationship, the receipt of satisfactory information is a prerequisite for the execution of the contract, even if this has been confirmed without reservation. The glassworks may also cancel an order that has been unconditionally confirmed either completely or in part in cases where exclusive sales rights for the entire range or parts thereof have been granted in locations.
- All information is subject to change. The order is only binding for the glassworks after written confirmation of acceptance. Business agreements by telephone, fax, e-mail or by representatives require written confirmation to be considered accurate.
- The prices are per piece in EURO ex glassworks including the respectively valid value added tax plus shipping. The prices and conditions valid on the day of delivery are always decisive.
- Packaging shall be at the discretion of the glassworks. All goods are shipped ex glassworks on the account and risk of the buyer. No liability is accepted for breakage, damage or loss during transport. The glassworks can make partial deliveries without consultation with the customer, unless partial deliveries were expressly excluded by the individual purchase agreement. Each partial delivery on contracts shall be deemed to be a transaction to be invoiced separately. We reserve the right to deliver in any case.
- Notifications of delivery times shall not be deemed a binding assurance. In the event of a delay in delivery on the part of the glassworks, the buyer must always set a grace period corresponding to the circumstances, but at least a period of 4 weeks. After expiry of this period, the buyer may withdraw from the contract insofar as the goods have not been reported as ready for shipping by the expiry of this period. The buyer is obliged to accept partial quantities already produced by the glassworks at the agreed conditions. Claims for damages due to delayed performance or non-performance are excluded. The delivery period shall be extended accordingly if unforeseeable hindrances occur for the supplier, e.g. official intervention, delays in the delivery of energy and raw materials, strikes, lockouts or fires.
- Events of force majeure or of a technical origin which significantly restrict the production of the glassworks offer the glassworks the right to withdraw from the contract. In the event of such operational disruptions being sustained for a longer period, the glassworks is entitled to deliver any partial quantities produced for existing orders immediately. No obligation to pay compensation for cover purchases can be accepted. In these cases, the customer’s claims for damages due to delayed delivery are also excluded. Significant changes in exchange rates is another such event.
- In the absence of a special agreement on the admissibility of deviations, the order quantity shall only be regarded as an approximate quantity. It should however be observed by the glassworks if possible. Deviations in volume upwards and downwards are only permissible by up to 30% at the most.
If a narrower limitation or exclusion of over-delivery or under-delivery is required, a special agreement is to be made on conclusion of the contract. Deviations in dimensions, content, weights and colours due to production are permitted within the framework of customary commercial practice. Information about dimensions and weights of packages are provided by the glassworks to the best of its knowledge.
- In the event of loss, damage or breakage, the glassworks shall not replace sent samples and originals. Tools and moulds are the property of the glassworks, even if the buyer has assumed all or part of the purchasing costs for this.
- In the case of custom production, more pieces always have to be produced than the number ordered for technical reasons. From a commissioned and ordered volume of 10 pieces and up, excess production of 20% is to be purchased with binding effect.
- Any changes and additions made to the offer by the customer (excluding changes made to the contact information, such as address etc.) shall not be accepted, considered or deemed valid. If the customer would like to make a new offer, this shall be expressly made in a separate letter and not added to the offer already submitted by us. If the customer returns a signed copy of the contractual offer to us, we expressly assume that no changes have been made to said offer by the customer. Please note that we do not check the content of the offer submitted by us again after it is returned by the customer. It should also be noted that returning the offer to us in a signed state represents a conclusion of contract at the terms and conditions laid out by us.
- By placing an order for prototypes for a new product or design, which is to be produced in series production by hand and/or using mouth-blowing techniques at a later date, the client already commits to place the order for the entire future series production exclusively with Freiherr von Poschinger Glasmanufaktur. Poschinger Glasmanufaktur is however entitled to decline or discontinue further series production at any time without the need to provide a reason. Freiherr von Poschinger Glasmanufaktur is to communicate the rejection or discontinuation of series production to the client. After receiving this notification, the client is then free to select where series production is to be carried out.
- The buyer is liable for the fact that the order placed by him or her on the basis of own specifications for forms, colours, sizes and weights does not interfere with property rights of third parties as well as for all damages, costs etc. which arise in these cases from violations to the rights of third parties.
- We guarantee that our product is free of defects for a period of 1 year from delivery. Defects in the delivered item shall be remedied by the supplier within the legally prescribed period from delivery after appropriate notification. This takes place at the discretion of the buyer through free rectification of defects or replacement delivery. In the event of a replacement delivery, the buyer is obliged to return the defective item. If the defect cannot be remedied within a reasonable period of time or if the reworking or replacement delivery is to be regarded as having failed for other reasons, the purchaser may, at his discretion, demand a markdown in the remuneration (reduction) or withdraw from the contract.
- The buyer is obliged to inspect the delivered goods for obvious defects that are readily apparent to an average customer. Obvious defects also include damage to the goods. It also includes cases in which a different item or too fewer items are delivered. Such defects must be reported to the glassworks in writing within 2 weeks. Defects that only become apparent later must be reported to the glassworks within 2 weeks after being identified by the user. In the event of a breach of the obligation to examine and give notice of defects, the inspection of the goods in question shall be deemed to have been approved.
- The glassworks remains the owner of the goods until full payment of the receivable to which it is entitled from the business relationship, including interest and costs until full payment of the cheques provided for this. In the event of resale, the purchaser transfers to the glassworks the receivable from the third party arising from the resale to secure the aforementioned receivable of the glassworks. Until revocation, the purchaser is authorised to withdraw the receivables arising from the resale. The glassworks undertakes to release the assigned receivables at its discretion if they exceed the receivables to be secured by more than 25% and if they result from fully paid deliveries. The buyer is obliged to inform the glassworks at any time about the debtors and the amount of the transferred receivable. The glassworks can notify the third-party debtor of this transfer as soon as the purchaser delays payment. Claims of third parties that infringe the rights of the glassworks must be notified to the glassworks without delay.
- Invoices are payable in EUROS in the order of payment and irrespective of the time of receipt of the goods within 30 days of the invoice date in cash without any deduction. If the payment period of 30 days is exceeded, interest on arrears or discount charges of 6% above the respective base interest rate will be charged from the 31st day onwards. Partial payments and advance payments made without agreement will always be offset against the oldest, unsettled invoice amounts. Advance payments can be agreed for larger orders. Custom-made products will generally only be delivered after payment of the advanced invoice.
Freiherr von Poschinger Glasmanufaktur
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