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1.
Scope of application:
The following General Terms and Conditions (GTC) are indicative to all business
relationships between the EconomicForum GmbH and the Customer. All relationships between
the EconomicForum GmbH and the Customer shall base on our German
General Terms and Conditions. Any deviating agreement requires our written
confirmation before it can become effective.
2. Termination of contract
and withdrawal:
The EconomicForum GmbH executes all orders according
to its German General Terms and Conditions. The respective cost of each product
can be derived from the information provided on the website. The applicable
amount is the one shown on the date of the completion of the contract. Where
there are typographical, printing or calculatory errors, the EconomicForum GmbH reserves
the right to withdraw. The Customer has the right to withdraw from the contract
within 14 days after delivery. Any legal withdrawal from the contract requires
written or electronic (fax, email) confirmation before it can become effective.
3. Terms of delivery:
Unless otherwise agreed, orders will be
delivered ex warehouse to the address specified by the Customer and at the Customer's
risk. Postage, packaging and processing costs shall be charged separately. The
EconomicForum GmbH reserves the right to require advance payment before delivering
goods. Details concerning delivery dates shall not be binding unless, in exceptional
cases, a binding guarantee of the delivery has been given. The EconomicForum GmbH shall
be entitled to make part deliveries.
4. Terms of payment:
The purchase price shall be due upon receipt
of the goods unless any other agreement has been made. Payment is requested
to be made by remittance, cheque, credit card or direct debit (only in Germany).
If the Customer does not pay after a reminder, the EconomicForum GmbH may claim further
legal processing in order to receive payment.
5. Reservation of delivery:
The delivered goods shall remain the property
of the EconomicForum GmbH until all existing claims from past and future deliveries
have been settled.
6. Offset and retention:
The Customer shall only be entitled to offset
or reduce the purchase price if his or her counter-claims have been finally
and conclusively established or if the EconomicForum GmbH has acknowledged said claims
in writing. The Customer shall only be entitled to withhold payment if the claims
arise form the same contractual relationship.
7. Warranty and liability:
The warranty on welding seams is 10 years.
There is no warranty or reponsibility for the use and the attachment (between
the wall/ceiling) of the various products offered. Defects or damages due to
wrongful or improper handling, improper installation, or use of inappropriate
equipment or modifications to the original parts by the customer, or by another
third party that is not ordered by the EconomicForum GmbH are excluded from the warranty
In case shipment has defects for which the EconomicForum GmbH can be held responsible,
the EconomicForum GmbH shall at its own discretion either correct such defects or provide
a substitute delivery. If the EconomicForum GmbH is not in a position to provide a
correction/substitute delivery, or if such measures are delayed for an unreasonable
length of time for reasons for which the EconomicForum GmbH is responsible, or if the
correction/substitute delivery fails, the Customer may at his own discretion
either withdraw from the contract or request a price reduction. All further
claims on the part of the Customer for material deficiencies are excluded.
8. Data protection:
The personal data provided by the Customer
at the beginning of, or during the course of, business dealings shall be processed
and, in particular, stored in compliance with the provisions of the German Federal
Data Protection Act Bundesdatenschutzgesetz). The Customer is entitled to have
his or her personal data deleted or corrected at any time. Personal data shall
not be passed on to third parties, excluded are, however, service partner that
provide any services to the EconomicForum GmbH. In these cases, the volume of data
transmitted are restricted to a necessary minimum.
9. Disclaimer:
The EconomicForum GmbH cannot take responsibility
for information found on third party web sites outside its control. While we
attempt to provide links only to third-party web sites that comply with all
applicable laws, regulations and our standards, please understand that the content
on these third-party web sites is subject to change without notice to the EconomicForum GmbH. We therefore cannot be responsible for, and accept no liability for, any
information or opinion contained in any third-party web site.
10. Place of performance,
applicable law and place of jurisdiction:
The exclusive place of performance for all
claims is 74821 Mosbach. The agreement shall be governed by German law, without
recourse of the UN convention on Contracts for the International Sale of Goods,
even if the Customer places an order from abroad or if goods are delivered to
an address outside Germany. If the Customer´s legal domicile or usual place
of residence is outside Germany, the place of jurisdiction for any claims arising
from the order shall be 74821 Mosbach.
12. Severability Clause:
In the event that one or several of these
terms of business are invalid wholly or in part, this shall not affect the validity
of the remaining provisions.
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