General Terms of Delivery – Citizen Watch Europe

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Citizen Watch Europe

General Terms of Delivery

General Terms of Delivery

Citizen Watch Europe GmbH
General Terms of Delivery

1.
These General Terms of Delivery shall apply for all contracts with the exception of the case where the customer is the consumer according to § 13 of the Civil Code. This also applies when an existing business relationship exists and no particular mention of these terms is made on an individual basis. These terms of delivery come into effect and are considered accepted once a delivery has been accepted.
2.
Our offers are not binding. A contract comes into existence when the order is confirmed in written form or has been carried out. Contractual agreements with our members of staff must be confirmed in writing. In accordance with § 14 of the Value Added Tax Act it is also permitted for the contractual partners to balance accounts with credit cotes for Services.
3.
On the day of Services provided, the most recently released price list plus value added tax is valid. In the case of a price increase after the order has been placed, it is the customers decision to make use of his right to withdraw an order within 14 days as long as a delivery has not yet been made. Prices are ex-works and do not include packaging and delivery.
4.
The customer’s right for retention, reduction or compensation -may be claimed only when the counterclaims are legally recognized or are indisputable.
5.
If after the conclusion of a contract, reasonable doubts arise concerning the economic capacity of the customer despite met payment deadlines, we reserve the right to Claim securities or demand Services matching payments. If the customer is behind in payments all discounts become void. Invoices are to be paid immediately.
We shall not be held responsible for the agreed terms of delivery if they become delayed both directly or indirectly by any acts whatsoever outside of our control including but not limited to: Strikes, blockades, civil commotion, hostilities, insurrection, lockouts, rebellion, fire, floods, war or war-like Operations or national or international blockades. In this case the terms of delivery are prolonged. If in such a case the terms of delivery are delayed by more than three months, the customer reserves the right to part cancellation of the not yet fulfilled part of the contract. No other demands will be accepted.
We reserve the right refuse deliveries if the customer does not fulfill his contractual obligations. Part deliveries may be made.
If a customer defaults on acceptance, we are entitled to nullify an agreement after a notified grace period has passed. The customer shall be liable for all incurred costs and damages.
6.
The risk of all deliveries is transferred to the customer as soon as the delivery crosses over to the carrier or the responsible transportation personnel or once the goods have left our warehouse. If a customer wishes to prolong a delivery the risk transfers to the customer at the moment we receive notice to carry out the delivery.
7. The customer is obliged to check the goods upon receipt and to immediately report any inconstancies in writing. Any hidden damages are to be reported immediately upon their discovery. The deadline for reporting Claims is one year. After this period all Claims become void with the exception in the case of supplier regress outlined in § 478, 479.
We reserve the right to check any and all Claims made and the damaged or faulty good must be provided for inspection in order for a Claim to be processed. If defective goods are confirmed we may replace or repair the goods as we see fit. If either Option is not made the customer is legally entitled to action outlined in paragraph 8 of this General Terms of Delivery.
8.
We are not liable in the case of ordinary negligence so long as the life, body and health of the consumers are not damaged. Entirely different when we are acting maliciously or our activity causes the weakening, subtraction or restriction of the customer contract positions, allowed according the contract content and Aim just for our customers, or which release us from obligations, or which prevent properly fulfillment of obligations. The obligations are to be discharged, so the customer regularly confides and may confide us. The event of damage or loss, caused through the ordinary negligence, is to be treated according the limited scale, foreseeable by the same attitude so long as the life, body and health are not damaged.
The compensation Claims are entirely declared insofar as the force majeure points are taking place, which are not under our control (outlined in paragraph 5 of this General Terms of Delivery). The foregoing limited liability is valid for the private liability of our stuff and subcontractors.
9. If the customer resorts to litigation so he has to inform us about his activity. He must give us possibility to take part in the suitable form in the legal process, for example by giving third-part notice.
10. Transport and packaging are not to be returned by the ex-works delivery according to packaging regulations. The customer must dispose them at his own expenses.
11.
Till the fulfillment of the general business duties (inclusive duties for open account) we keep a right of property for our goods. We get free our goods according our decision, as far as the value of the guarantee is more than 20 % that amount receivable. In the case of customers contrary to the contract we have right after the fixed terms to take back and to turn to account our goods, what is legal permissible – goods subject to retention of title. The proceeds of a valorization will be added to the customer’s amount payable deducting expenses of valorization. The customer is obliged to treat safely with goods subject to retention of title and for own costs to insure them for the new value. Whereby he transfers his insurance claim to us what we accept.
The customer keeps safe our property free of Charge and has right in orderly business to resale our goods.
The customer assigns receivables from purchasing inclusive value added tax already today to us, what we accept. The customer is precarious authorized for collection of a Claim both after his assignment. We do not make use of his assignment so long as the customer fulfils properly his obligations. The debtor obligates to inform us on request about the debtor’s name. By access of the third part to the goods subject of retention of the title or Claims the customer has to refer the third part to our rights and to inform us.
The customer acknowledges that our reappropriation of the goods does not mean the contract termination insofar as it specifically confirmed in writing. It means the guarantee for the goods subject to retention of title in accordance with the contract.
12.
The place of arbitration is Hamburg where the customer is the prudent businessman. We have both right to institute proceedings against him at his address of record. The validity of EU-Laws is excluded.
13.
If one regulation / more regulations of this contract is / are ineffectual or will become ineffectual, so it does not touch the effectiveness of the other points. Instead of ineffectual regulation another effectual point becomes valid, what in business sense and aim is closest to already ineffectual point. If this contract contains gaps, so the same regulation is valid. The gaps should be filled so as the parties from the Start preconceived them.

Stand: März 2004

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Citizen Watch Europe

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