General Terms and Conditions
General Terms and Conditions
The basis of a good business relationship is not only delivery and payment terms, but also constructive cooperation and mutual trust. Our terms and conditions of sale:
§ 1. General
Manufacture and delivery shall be subject exclusively to the following terms and conditions. By placing an order, whether verbally or in writing, the customer accepts the following terms and conditions of manufacture, sale and delivery. All oral agreements and declarations must be in writing or confirmed by us in writing to become part of the contract. Unless the customer has requested and we have agreed in writing to specific processing or machining requirements, all items manufactured by us will be executed to our high quality and manufacturing standards.
§ 2. Quotation
Our quotations are always subject to change and are non-binding. Illustrations, drawings, specifications of weight, dimensions, shape, stability and performance are only approximate unless they have been designated in writing as binding. Dimensions given to us by the customer are binding for us. We are not obliged to carry out any subsequent checks. We reserve the right to make design changes, which are permissible provided they do not result in a change of use.
§ 3. Pricing and dispatch
The prices quoted in the quotation and/or written order confirmation shall apply. In the absence of an order confirmation or if approximate prices are stated in the order confirmation, the price is based on our price lists and our rate per hour. The price may be adjusted to the changed cost factors if the order cannot be executed within 2 months of the order being placed for reasons for which the customer is responsible (e.g. missing dimensions, etc.). Any discount granted may be forfeited for the above reasons. Unless otherwise agreed, prices refer to materials, fittings and accessories which are normally used by us. We reserve the right to make changes in this respect. Unless otherwise agreed, prices are ex workshop Greifswald excluding delivery charges. All items to be dispatched are always insured against loss and damage in transit at the recipient's expense. If no special instructions are given, dispatch will take place without notice. Unless otherwise agreed, dispatch is always at the expense and risk of the customer or recipient. We decide on the method of dispatch, except in the case of special instructions from the customer. We reserve the right to make partial deliveries if this appears advantageous for speedy processing.
§ 4. Delivery and delivery period
Delivery periods shall commence on the date of our acceptance of the order or on the date of the customers receipt of the written order placement, but not before clarification of all details of execution. Force majeure and unforeseen events beyond our control or influence, such as operational disruptions, production rejects and the like in our own company or at our suppliers, shall extend the delivery period appropriately, even if they occur during a delay in delivery. In the event of the aforementioned delay in delivery, claims for damages and the customer's right to withdraw from the contract are excluded.
§ 5. Terms of payment
Advance payment: 50% of the relevant purchase price is due as a deposit (=advance payment) when placing an order. In the case of boat covers and tarpaulins, 100% must be paid in advance. The execution of the order will be held until the deposit has been received. Failure to pay within 14 days will entitle us to cancel your order/purchase. In case of collection by the customer: If collected by the customer, the balance of the purchase price (=invoice amount) is due immediately in cash or by debit card. For Dispatch Transactions: Dispatch or delivery will take place after bank transfer and receipt of the invoice amount.
For the assembly of boat covers, sails and tarpaulins: Final assembly will only take place after full payment has been received. Discount deductions are not permitted unless expressly agreed in writing. A bank guaranty can be obtained for the advance payment. The cost of the bank guaranty shall be borne by the purchaser. If the agreed payment date is exceeded, we shall be entitled to charge interest on arrears at a rate of 8% above the respective discount rate of the Deutsche Bundesbank. A complaint is not a reason to suspend payment.
§ 6. Guarantee, warranties and damages in transit
a. Guarantee and guarantee periods
Sails and tarpaulins are guaranteed for their condition and workmanship. Natural wear is excluded. The guarantee period for sails and tarpaulins is 2 seasons, for commercial use 1 season. For commercial goods of any kind and covers, the legal regulations or those of the manufacturer apply.
b. Damages in transit
The purchaser must inspect the goods delivered immediately. Damage in transit or an incomplete delivery must be reported immediately to the delivering carrier. Damage or missing parts of the entire consignment must be confirmed by the carrier. Alternatively, acceptance must be refused. Without a written confirmation from the carrier with the full name of the carrier, it will not be possible to settle the claim.
Notification of defects must be made in writing within one month of the date of delivery and must include a detailed description of the defect. If the goods are delivered in autumn or winter, when it is not possible to check the condition of the sails, the fit of the tarpaulins or the proper functioning of the furling system, the warranty period shall commence on the following 1st May. The goods must be returned to us immediately and free of charge for inspection. If the inspection can only be carried out on the vessel itself and this is more than 10 km away from us, the defect must first be shown in a photo. This photo can be sent by post or e-mail. If the defect can only be rectified on the vessel itself, this must be made possible on a working day in a port in Schleswig Holstein, Mecklenburg-Western Pomerania or Hamburg within 14 days of notification of the defect. This port must not be further away than the port where the boat was moored when the tarpaulin was fitted. If the complaint proves to be justified, we must be granted the necessary time and opportunity to rectify the defect or supply a replacement. If the rectification or replacement fails, the customer may demand a reduction in the remuneration or withdraw from the contract. All other claims are excluded. We shall be liable for defects in the delivery by replacing or repairing, free of charge, those parts which, during proper assembly and use, are found to be defective in material or processing within the scope of the above guarantee. The right to rectification of defects shall not apply if the defect has been caused or aggravated by improper self-help or external help.
d. Mould stains, verdigris, mould, green, algae and moss infestation are the result of the weather and use and are excluded from the guarantee. All materials used have an anti-fungal treatment and are professionally processed. We cannot exclude the possibility of mould stains, mould and verdigris forming on processed cloths and raw materials from the manufacturer's side. Appropriate cleaning systems are available from us. If cleaning is carried out by us, there is an exclusion of liability for the work carried out by us.
§ 7. Cleaning/ rejection of guarantee
For reasons of age and/or material, we cannot accept any guarantee for the cleaning of covers and tarpaulins. We also do not guarantee against any shrinkage of the fabric or the entire cover. In the case of older windows, the window material may be affected.
In some cases the windows may become milky and/or stained due to their condition.
§ 8. Export - to non-EU countries
In principle, VAT will be charged if the customer wishes to take the goods abroad himself. The VAT will only be refunded if the stamped "Export Declaration" is sent to us. In EU countries, the VAT applicable in the Federal Republic of Germany will be charged on delivery and invoicing to persons within the EU. A VAT-exempt delivery will only be made if we know the required ID number of the recipient or if the recipient is demonstrably a seagoing vessel.
§ 9. Data collection
We are entitled to store the address details, boat type, boat name and home port of the customer and their boat, also for the purpose of sending information from our company.
The stored data will not be passed on to third parties.
§ 10. Retention of title
Until payment has been made in full the goods supplied remain our property.
§ 11. Customer property on our premises
We would like to point out that the property of customers which is parked on our premises is not insured against force majeure or the influence of third parties. Trailers, boats, vehicles and others which are parked on our premises, even behind a locked or unlocked gate, for our processing, are not insured against theft, vandalism, force majeure and other influences by third parties.
§ 12. Applicable law, Place of jurisdiction
These conditions are exclusively governed by and construed in accordance with the laws of the Federal Republic of Germany, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The place of jurisdiction for registered traders, for persons who do not have a general place of jurisdiction in Germany and for persons who have moved their place of residence or habitual abode abroad after conclusion of the contract or whose place of residence or habitual abode is not known at the time of filing the suit is Greifswald.