retailer's terms and conditions - STILETTO DESIGN VERTReiB

RETAILER‘S TERMS AND CONDITIONS
Subject for alterations. Status on April 23, 2005
Prices
The prices in the current price list are to be understood as the
suggested retail price, including 16% value-added tax.
Discount
50% off the suggested retail price plus 16% value-added tax with
packing units as described on the current price list taken under
consideration.
Payment conditions
Delivery to new customers:
advance payment per money transfer (4% cash discount),
bank debit payments (4% cash discount), advance payment
check (3% cash discount) or per c.o.d. (3% cash
discount)
Billed deliveries:
• within 30 days
• payments made within 10 days (3% cash discount)
• bank debit payment (4% cash discount)
• domestic check payment within 5 days (2% cash discount)
International deliveries:
• advance payment per IBAN-transfer (4% cash discount)
• advance payment without the use of IBAN (no discount)
• foreign check payment (€ 15,00 surcharge)
Shipping and Packing
• over € 250,00 net value orders:
free within Germany
• under € 100,00 net value:
€ 9,80 (shipping and packing)
• from € 100,00 to 250,00 net value:
€ 6,80 (shipping and packing)
c.o.d. parcel service charges: € 6,00
International orders:
free to the German border
Ordering samples
No discount for sample orders. Shipping and packing of
samples free within Germany. At first order over € 250,00
net value within 3 months after sample ordering the discount
will be reimbursed.
Delivery period
4–8 weeks
stiletto DESIGN VERTReiB Frank Schreiner D-10117 Berlin Auguststrasse
2 fon: +49-30 28094614 fax: +49-30 28094615 email:
hallo@stiletto.de
internet: www.stiletto.de
made in germany
TM

STANDARD BUSINESS TERMS
Subject for alterations. Status on April 23, 2005
1. General Terms
All contracts and offers are based on the following Terms. They are deemed to have been accepted by a placement of the order
or acceptance of delivery. Lack of response to my Terms or receipt of my delivery are deemed to be acceptance of my Terms.
Statements and agreements made verbally only become valid in law upon my written confirmation. For all contractual relations,
including where there is a link to a foreign jurisdiction (i.e. orders from and/or deliveries to a foreign country), the
governing law is that of the Federal Republic of Germany.
2. Delivery Periods
The tentative delivery date is announced with my order confirmation. Delivery deadlines will be kept by me but are at
all times without my obligation.
I will immediately inform the buyer of any delivery delay. Exceeding the delivery deadline only entitles the buyer to cancel
the purchase contract after an appropriate second deadline has been set amounting to at least six weeks. Force majeure events,
which also include interruption of operations, entitle me to postpone or rescind, in full or in part, delivery commitments
already entered into. Any additional claims by the buyer over delayed delivery such as declarations of arrears in delivery,
contractual penalties for delay and other damage compensation.
3. Delivery
Deliveries within Germany are made upwards of merchandise value of EUR 500,00 (recommended purchase price) net carriage free or
free to the German border. Below the minimum value for ordering, the merchandise will be dispatched at the recipient‘s expense.
Risk in any case passes to the buyer as soon as the merchandise leaves the warehouse.
4. Shipping damage
Obvious damages when merchandise is delivered must be immediately noted on the receipt documents and reported to me when the
merchandise is received. Hidden damages must be reported to the shipper and to me in writing within three days.
5. Complaints of defects
The buyer is obliged to inspect the merchandise immediately after its receipt. Obvious defects must be reported to me in
writing within eight days of delivery. Hidden defects should be reported with proof within six months.
Minor discrepancies or discrepancies in weight, shape, colour, pattern, dimensions, construction and quality customary in
the trade are not recognised as defects. Modification and repair work undertaken by the buyer without my consent bar
any liability on my part.
A justified complaint of defects entitles the customer to a claim for subsequent improvement. The buyer must ship me the
merchandise or parts free of charge for shipping. In case of a justified complaint of defects, shipping costs will be
subsequently credited by me. All further claims are expressly barred, the buyer, in particular, not being entitled to reduce or
withhold the purchase sum or to demand redhibition unless the subsequent improvement fails and I am unable to deliver again.
Buyer claims of any kind going beyond the value of the merchandise are expressly barred.
6. Return
Returns require the company‘s explicit written consent. In case of any returns, a 20% processing fee will be charged, it being
presupposed that the merchandise is undamaged and is returned in its original packing. Refurbishing costs are billed through at
cost price. Customised models are excluded from returns.
7. Damage compensation claims
Damage compensation claims by the buyer are expressly barred; in particular, I am not liable for lost profits, unforeseeable
damage or consequential damages unless I have been guilty of gross negligence.
8. Prices
The prices are in each case to be seen from the current price list. The recommended sales prices are to be understood
as including statutory VAT. Recommended purchase prices are to be understood as being plus statutory VAT, packing,
shipping and insurance.
9. Payment
Invoices are dated as of the date of delivery at the earliest. With the payments within 10 days after the invoice date a cash
rebate of 3% is granted. The open payment target is 30 days.
Initial delivery to new customers is made by COD. Customised models are excluded from being exchanged.
In cases where the payment deadline has been exceeded, I am entitled to charge, from the due date onwards, interest
on balances, at least 5% above the German Bundesbank‘s discount rate. If payment is made by direct debit authorisation
and if the latter is not honoured due to an unsufficient balance with the banking institution, then I will charge a
EUR 20,00 processing fee.
10. Retained title
Up through complete fulfilment of all payments obligations all merchandise delivered remain my property. Prior to complete
payment of the invoice the buyer may not mortgage the merchandise to third parties or post it as collateral. The buyer must
immediately inform me in writing of any levy of excution or any other impairment of such rights by third parties in order to
make it possible for me to repossess the merchandise.
When sold, the buyer‘s claim on the third-party buyer passes to me without this requiring any separate declaration of
assignment provided that I have satisfied all claims.
11. Place of performance, venue of jurisdiction
For all claims under the contract between the buyer and myself Berlin has been agreed as the place of performance. In case
of disputes stemming from this business relationship, without regard to the cause of the dispute, Berlin is the sole venue of
jurisdiction unless precluded by mandatory statutory regulations.
12. Validity
Should individual provisions of these Standard Business Terms be void then the validity of the remaining ones will not
be impaired thereby.
stiletto DESIGN VERTReiB, Frank Schreiner
stiletto DESIGN VERTReiB Frank Schreiner D-10117 Berlin
Auguststrasse 2 telephone: +49-30 28094614 telefax: +49-30 28094615
email: hallo@stiletto.de internet: www.stiletto.de
made in germany
TM