Amtsgericht Köln HRB 36406
USt.-IdNr. DE 123720665
General Sales Conditions
- Our general sales conditions are understood accepted by the customer upon confirming the order. Any modification to the existing sales conditions must be agreed upon and accepted in written form by Julia GmbH.
- Delivery times are to be understood approximate and never binding; subject to manufacturing inconveniences due to force majeure. We reserve the right to effect partial shipments.
- The Julia GmbH price list is subject to change at any time and without prior notice. Net prices are never binding. They will not be subject to alteration prior to shipment unless there should be a significant rise in the cost of raw material, labour or energy.
- Payment of goods must be strictly in accordance with the convened terms. We reserve the right to change the agreed payment terms for all future orders should the convened terms not be honoured. Severe delays in payment will result in orders being suspended and prompt legal action taken through our International lawyers. Delays in payment will result in bank interest and subsidiary expenses incurred being promptly charged. Payment is understood received only when the given amount has been credited to the Julia GmbH account. In case of delayed payment we reserve the right to issue a court order if after 5 working days upon payment reminder we do not receive the payment.
- All goods supplied by Julia GmbH remains its property up until payment has been duly executed. The customer may reserve the right to re-sell the given goods only if he is punctually honouring payments. The customer must continue to pay the supplier for any funds generated by the sale of supplier’s goods. Moreover, the customer has no right to forward supplier’s goods to third parties as a form of guarantee or pledge until he has fully paid out his supplier. The supplier’s right over the ownership of the goods in case of non-payment cannot be questioned even if payments for other consignments have yet to expire.
- All consignment are delivered EXW. Goods are understood as “delivered” once consignment has left our manufacturing plant. Goods are transported at purchasers own risk even in those exceptional cases where the convened delivery basis is free destination. The loss or damage of goods will therefore not be subject to reimbursement. Freight charges are at the expenses of the buyer. A rule deviation needs to be made in written form. Transport and postal costs will be charged according the tariff in force.
- The minimum invoice amount is 100,- Euro. Orders below 100,- Euro net. will be surcharged with 20,- Euro net. Orders below 50,- Euro net. will be not considered. Packing is always understood extra at cost. Different rules are subject to prior to written agreement.
- Presentation of complaints regarding tool quality must be filed within three months of shipment date. Quality control department alone will determine whether or not purchasers claim is accepted following laboratory Q.C. test statement of returned samples. Return of tools on warranties claim basis are understood at customers expense.
In the case of return shipments which are not due to a fail of Julia GmbH, a processing fee of 25,- Euro will be charged for a merchandise value less than 250,- Euro and a processing fee of 10% of the value of the goods is charged starting from a value of 250,- Euro.
- All customers are urged to observe and adhere strictly to the legislative safety regulations before any tools are used. It is strictly forbidden to modify any of our tools. Modifications, if approved, must be carried out only in our manufacturing plant. Warranty claims on tools that have been modified outside our manufacturing plant for tooth grinding, P.V.D. coating or other, will be declined.
- All orders are subject to our approval and may not be cancelled by the purchaser. Orders for special tools once accepted by our technical department will be supplied with the quantity approved by our Q.C laboratory. We reserve the right to over – or short-shipment by 10 % or minimum 1 pc.
- Stock availability is always understood “subject to prior sale”. Ex-stock orders will not be acknowledged in writing.
- Company Julia GmbH declines any responsibility for involuntary errors in its catalogues or price lists. We reserve the right to make technical modifications to improve the quality of our tools, or to cancel products from our product range without any prior notice.
- Upon the stipulation of a sales contract Julia GmbH reserves the right to revoke it without any obligation of compensation for damages in those cases where the customer has had management changes or in the event of loss of credibility for reasons known to us only at a later date. After stipulation of the sales contract the supplier will only have the obligation to supply within the agreed date but at the same time the supplier will reserve the right in such cases to request advanced payment for the whole consignment or balance or request payment for damages should the customer then refuse to honour the contract of sale.
- Other sales conditions not contemplated herein will be subject to German law current at the time of dispute. In such cases the court of Wermelskirchen alone will be recognised as being competent.