Terms & Conditions
§ 1 Scope
The business relationship between East West Poly GmbH and the customer only the following terms and conditions apply. Different conditions of the customer does not recognize East West Poly GmbH, unless East West Poly GmbH has expressly agreed in writing.
§ 2 Offers and information
Offers are always subject to change, only stock is subject to prior sale. All verbal agreements are binding only through their written confirmation East West Poly GmbH. Information on processing and application possibilities and technical information of the products manufactured and sold by us to be accurate, but without any liability. Offers are valid for 2 months if they are not previously withdrawn.
§ 3 Numbers
A shipment of 10% over or under the quantity ordered is to be accepted by the customer.
§ 4 Withdrawal
4.1 Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day in the case of a sales contract on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us (East West Poly GmbH, Head offices, Tel.: +49-40-2260 3689 Fax: +49-40-2260 3691 Wilhelm-Stein-Weg 12 22339 Hamburg Germany, firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
4.2 Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us [East West Poly GmbH, Head offices, Tel.: +49-40-2260 3689 Fax: +49-40-2260 3691 Wilhelm-Stein-Weg 12 22339 Hamburg Germany, email@example.com], without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
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§ 5 Delivery
Unless otherwise agreed, delivery is unpacked from the factory to the address provided by the customer. The result of unforeseen events such as Natural disasters, breakdowns, strikes, war, fire, material shortage delays etc. occurring entitle East West Poly GmbH to withdraw from the contract or to move the confirmed dates. Call orders must be taken within six months, East West Poly GmbH is entitled deliver them after this date. Any costs incurred by customs are paid by the recipient.
§6 right to refuse performance
As long as a customer is a liability in arrears, rests the obligation to deliver the East West Poly GmbH.
§ 7 Payment, due date, arrears
It is possible for the customer to forward the amount stated in the invoice via bank transfer to the business bank account of East West Poly GmbH net cash. Also accepted are payments via PayPal. PayPal processes Discover, AmericanExpress, VISA, MasterCard, debit and checking accounts as well as established PayPal accounts.
§8 Defects, damages
Liable for defects in delivery due to faulty design or poor workmanship East West Poly GmbH only in the way that all such items will be credited or replaced. Complaints are immediately submitted in writing to the knowledge, but no later than within one week of receipt of goods. The burden of proving that a defect already present upon delivery to the customer. In case of defects East West Poly GmbH provides at its option repair, credit or replacement. With the exception of strict liability under the Product Liability Act, as well as in cases of intent or gross negligence all claims for damages of the customer are hereby excluded. Tronical GmbH does not pay for rework in foreign operations, fixed processing fees, lost profits or other financial damages. The warranty does not cover normal wear and tear, nor to damage resulting from improper assembly, improper and excessive stress. For parts according to drawing, the average failure patterns that were submitted to the customer for review, decisive for the quality and finish of the parts.
§ 9 Retention of title
The delivered goods until full payment of the property of East West Poly GmbH. If the delivered goods are combined with a movable object such that it must be regarded as an integral part of a new item, the customer will automatically transfer rate even co-ownership of the new item to East West Poly GmbH. The customer shall exercise the ownership of the new item for East West Poly GmbH. The customer can the delivery item East West Poly GmbH, provided it is not located with the payment of the purchase price in time to resell in the orderly course of business under retention of title against cash payment or exchange. The legal question to the customer from the resale or for any other, the reserved goods arising rights and claims, including those for compensation or insurance payment, he herewith in the amount of total claims on him at the time occurs with all ancillary rights to East West Poly GmbH from and resale. If the customer sells the reserved goods together with others, he hereby assigns the claims from the resale of the reserved goods in full, in the case of previous treatment or processing or mixing with the East West Poly GmbH do not belong goods to the value of manufacturing goods subject to retention. If a sale at a total price, the customer East West Poly GmbH hereby enters his purchase price equal to the value of the goods which is the subject of this purchase contract, from. The customer is obliged, upon request of East West Poly GmbH the third party debtor of the assignment to them, stating the amount of our claim. He has to give East West Poly GmbH all necessary to assert their rights and to publish documents. If the value of East West Poly GmbH ceded their claims outstanding total claim against the customer by more than 20%, are at the customer’s request to transfer back the excess portion committed to being East West Poly GmbH is entitled to the right of selection. Pledge as security, suitability and safety of their assignment reserved goods and its rights and other rights of East West Poly GmbH interfering dispositions by the customer are prohibited. Action Dritter- whether the reserved goods, the assigned East West Poly GmbH claims or established in accordance with the preceding paragraphs rights – the customer has the East West Poly GmbH indicate immediately by sending all documents necessary for intervention. All costs of an intervention by East West Poly GmbH by the customer. The assertion of the retention of title and the redemption of the goods by East West Poly GmbH do not constitute withdrawal from the contract, but only to secure the claim.
§ 10 Tools
All tools manufactured by East West Poly GmbH are basically owned by the East West Poly GmbH since only proportionate costs form provided by the East West Poly GmbH charged. The tools produced will be used solely for the customer who has paid for the tool. The East West Poly GmbH guarantees the products manufactured by their tools have a lifetime of 10 years. Tools are stored and maintained as long as the customer of the East West Poly GmbH relates parts free of charge. The retention period for tools ends two years after the final order of the customer. After that storage costs are calculated by the East West Poly GmbH.
§ 11 Rights
If East West Poly GmbH manufactures products according to drawings or samples, the customer warrants that no rights of third parties are infringed by the manufacture and delivery of products. The customer agrees East West Poly GmbH for damages claims of.
§ 12 Place of Performance, Place of Jurisdiction, Applicable Law
Place of performance for all obligations arising from an agreement concluded with East West Poly GmbH, 22453 Hamburg contract. Jurisdiction is the District Court of Hamburg. German law applies excluding the UN sales law.
§ 13 Notice
The data collected from the customer in order to fulfill the order will not be forwarded to any third party. The right of use of the personal data forwarded remains to the customer at all times.
§ 14 Severability clause
Should one or more of the conditions to be wholly or partly invalid, the validity of the remaining provisions shall not be affected. As far as the invalid provision an effective part is included, this should be maintained. The parties commit themselves now to make a backup control system, which approximates the economic event of the ineffective one.
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