Terms and Conditions

1. General
All business transactions with our company or our official distribution centres are governed exclusively by the following delivery and payment conditions. Other purchasing terms and oral agreements are only valid if we have confirmed them in writing. Offers are subject to change unless there is an express indication to the contrary.

2. Pricing information
The price invoiced is always the price on the day.

3. Order confirmation
For all order concerning items listed in the catalogue, no special written order confirmation is issued. Delivery dates quoted are to be viewed as approximate.
We are unable to accept blanket or call-off orders. Unless otherwise agreed in writing, all orders will be delivered upon completion. This also applies in the event of them being ready to ship ahead of schedule.

4. Payment
All invoices are due as indicated. As a rule, invoices paid within 14 days from the invoice date are subject to a 2% discount and invoices paid within 30 days are payable in full without deductions. No discount is applicable to invoices of less than €35.00. If payment is still outstanding on previous items, no discount may be claimed on subsequent invoices. The payment method for the first delivery shall be cash on delivery. In the event of late settlement, default interest will be levied at a rate equivalent to that levied by banks on loans. All payments are to be made directly to our head office in Geesthacht. Unless an official company receipt is issued, our field staff and those of our distribution centres are not authorised to accept payments on our behalf. If the buyer nonetheless asks such an employee to pass on payment, the buyer does this at his/her own risk. Payment is only deemed to have been made when the money is received by our central office.

5. Delivery quantities
Whereas the items listed are to be delivered in line with the order, fluctuations in custom orders are to be expected. A surplus is deemed acceptable if it does not exceed a quantity of 2 units for small orders or otherwise 10% of the order quantity. It is not possible to subsequently demand that shortfalls be made up.

6. Delivery
Unless otherwise specified at the time of placing the order, the seller is free to choose the shipping method at his/her own discretion. The seller is not liable for any damage whatsoever sustained by the goods following their handover to any common carrier (train company, haulage company, parcel delivery service, etc.).  This also applies to instances in which the freight costs are not borne by the recipient. Therefore, if a consignment arrives damaged, a complaint is to be made immediately to the carrier, as they are liable for any damage sustained in transit.

7.  Packing, freight/postage and processing fees
Our prices are based on delivery ex works – Geesthacht or one of our distribution centres – and do not include packing. If free shipping has been specially agreed upon, any delivery charges or drayage at the recipient's location are to always be borne by the buyer, as are the additional costs of a special shipping method requested by the buyer.
For administrative reasons, postage/shipping and packing will either be invoiced separately or as a combined item, either as a percentage added to the value of the goods or as a net cash amount. In the event of minimum orders, the seller is entitled to charge a pro rata processing fee.

8. Complaints
The buyer is only entitled to withdraw from the contract if s/he has previously granted an appropriate period of grace for the order to be delivered. If there are still outstanding issues as per Section 3, the period of grace does not commence until these issues have been resolved. All other complaints can only be handled if they are asserted in writing within 8 days of receipt of the goods. Defects affecting one part of the delivery do not justify complaints about the delivery as a whole. If the complaints are justified, the buyer is only entitled to return and exchange the defective goods and to withdraw from the contract, but not to demand damages.
Complaints and differences of opinion of any kind whatsoever do not relieve the buyer of his/her obligation to pay. This does not apply if the buyer’s counterclaims are uncontested or have been legally upheld.
Any samples sent by us are only representative samples designed to give a rough impression of the final goods.

9. Retention of title
The goods remain our property until all our claims against the buyer, including all past and future claims, have been settled. If claims are settled by cheque or promissory note, our retention of title applies until the cheque has cleared/until the promissory note has been redeemed.
Goods subject to our retention of title may not be pledged, used as security or bartered. We are to be informed immediately if the goods are seized by a third party.
Any claims the buyer may have from reselling our goods are to be ceded to us, irrespective of whether the goods have been resold to one or more buyers or whether or not they have been further processed.

10. Place of performance and jurisdiction
The place of performance and jurisdiction for any claims and legal disputes arising from this contractual relationship, including legal proceedings relating to promissory notes and documentary proceedings is Lübeck, unless otherwise required by law.

11. Final provisions
Unless they are expressly replaced by other terms, these delivery and payment terms apply to all subsequent transactions. Alternative terms apply in part to international transactions. This pertains in particular to Sections 2, 4 and 7.

Last updated September 2014

Postfach 13 40 - 21495 Geesthacht
Limited partnership headquartered in Geesthacht (local court: Lübeck, HRA 006 GE)
Management-GmbH (local court: Lübeck, HRB 282 GE)
Managing Directors: Kurt Stürken, Axel Stürken (lic. rer. pol.), Max Stürken (Dipl.-Kfm.), Philip Döbler

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