maxfuchsKatalog2015

11.2 You must handle the reserved goods carefully. You must insure the goods against fire, water and theft at your own expense in an amount
sufficient to cover the reinstatement value. If maintenance and inspection work is necessary, you must conduct such work in due time at your
own cost.
11.3 You may use the reserved goods and sell them in the due course of business provided you are not in default of payment. However, you shall
not have the right to pledge the reserved goods or assign them as security. All your claims against your customer from any sale of the reserved
goods are hereby assigned to us in full by way of security, as well as all claims against your customer or another third party with respect to the
reserved goods that accrue for another legal reason (especially claims founded on tort and insurance claims) and including all demands
relating to the current account balance. We herewith accept this assignment of claims.
11.4 You may collect the claims assigned to us for your own account and in your own name, provided we do not revoke this authorisation. Our right
to collect the claims ourselves shall remain unaffected; however we will not assert the claims ourselves and will not revoke the direct debit
order for as long as you duly fulfil your payment obligations.
11.5 However, if you act in breach of the contract, especially if you are in default with payment of a claim for payment, we may demand that you in
form us of the claims assigned and the names of the debtors, inform the debtors of the assignment and give us all documentation and all
information required to assert the claims.
11.6 In the event of reserved goods being processed or transformed, this shall be deemed as performed on our behalf. If the reserved goods are
processed further together with other materials not belonging to us, we acquire a co-ownership to the new item in the ratio of the value of the
reserved goods (invoice amount including VAT) to the value, at the time of use, of the other materials used. The provisions applying to the
reserved goods shall apply accordingly to the new item resulting from such processing.
11.7 If the reserved goods are inseparably joined or mixed with other materials not belonging to us, we acquire a co-ownership to the new item in
the ratio of the value of the reserved goods (invoice amount including VAT) to the value, at the time of joining or mixing, of the other materials
joined or mixed. Should the reserved goods be joined or mixed in such a way that the property of the purchaser is regarded as the principal
good, we herewith agree that you shall transfer to us proportionate co-title to this item. We herewith accept this transfer.
11.8 You shall store the resulting exclusively or jointly-held property on our behalf.
11.9 Should third parties seize or assert any other claims to the reserved goods, you shall inform such third parties that the relevant goods are our
property and notify us of the same immediately so that we can assert our property rights. Should the third party not be in a position to
reimburse the judicial or extra-judicial costs incurred in this context, you shall be liable for such costs.
12. Compliance with export controls
12.1 When forwarding the goods delivered to third parties you shall comply with all applicable regulations of national and international (re-)export
control regulations.
12.2 If required in order to enable authorities or us to conduct export control checks, you shall, upon request, promptly provide us with all
information pertaining to the end-user, the final destination and the intended use of the goods delivered by us, as well as any export control
restrictions existing in relation to the goods.
12.3 You shall further indemnify us and hold us harmless from and against any claims which authorities or other third parties may assert against us
on grounds of your non-compliance with the afore-mentioned export control regulations and to compensate us for all losses and expenses
resulting from such non-compliance.
13. Requests for returns; handling charge
13.1 Any product returns to which you are not legally entitled require our consent. Please always notify us in advance if you wish to return any
goods. After we have received this notification from you, we will send you a form which is to be filled in and send back to us before you return
the goods. After we have checked the information provided and approved the return you are entitled to send the goods back. This does not,
however, constitute an acceptance of the return on our part. We do not accept any product returns that have not been approved in advance.
After checking the returned goods we will notify you immediately if we accept the return of the goods or not.
13.2 If we accept the return you are to bear the costs and expenses incurred in connection with processing the return and putting the returned
goods back into storage. We are entitled to charge a flat rate of 15 % of the net invoice amount of the returned goods, but no less than EUR
25.00. You are also obliged to bear the entire costs for the transport and return of the goods; furthermore, you also bear the risk of accidental
loss of and accidental deterioration to the goods in transport.
13.3 Your rights in the case of material or legal defects to the goods delivered are not affected by this provision.
14. Place of jurisdiction; applicable law; place of performance
14.1 The place of jurisdiction for all disputes arising in connection with these GTCs and all legal and contractual relationships between us is the
location of our registered office.
14.2 These GTCs and all legal and contractual relationships between us shall be governed by the laws of the Federal Republic of Germany
excluding the United Nations Convention on Contracts for the International Sale of Goods.
14.3 Unless otherwise agreed in the order confirmation, the place of performance shall be the location of our registered office.
14.4 All agreements concluded between us and the customer for the purpose of fulfilling the contract are settled in writing in the contract.
Status: February 2015