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General Terms and Conditions of Exner GmbH



1. All offers are subject to our general terms of sale and delivery. Orders are only accepted under these terms. Any terms and conditions of the Customer or any regulations or agreements deviating from our terms shall be binding only if they are expressly acknowledged by us in writing.

2. When placing an order or accepting deliveries, the Customer acknowledges our general terms of sale and delivery which shall not only apply to this business but also all the follow-up business.

3. Offers shall be always conditional. An Agreement shall only be entered into if we accept the order. Oral ancillary agreements or assurances as well as agreements with our external service have to be confirmed by us in writing. All samples, images, drawings as well as measurements belonging to the offer shall be only approximately binding.

4. We have the right to withdraw from the Agreement if any insurmountable difficulties prevent us from performing the Agreement or if it stands in no economic relation to the order value. We may also withdraw from the Agreement if the Customer's creditworthiness appears dubious to us.

5. If no dispatch instruction is available to us, the goods shall be dispatched in a manner as favourable as possible.

6. In the case of call orders, the whole quantity shall be deemed to have been called 1 month after the agreed deadline. If no scheduling with regard to the ordered goods is arranged within a month after expiry of the deadline, we can make the scheduling and delivery at our choice.

7. We may execute partial deliveries and invoice them separately. Every partial delivery shall be deemed as a separate business.

8. The delivery period shall begin with the date on which the order is available to us provided that no binding date has been agreed upon.

9. If the delivery period is delayed due to events not caused by us, particularly force majeure, shortage of goods, obstructions of shipping, export embargos, obstructions by authorities or industrial actions, the delivery period shall be extended by the period of the obstruction. The Customer shall have the right to hold us in delay if it has extended the deadline by at least 8 weeks in writing. The Customer shall not have the right to claim damages against us arising out of the delay of delivery.

10. Any complaints about the delivered goods shall be submitted to us immediately in writing, also those defects which are not outwardly visible, within 8 days at the latest. After this period, the goods shall be deemed to have been accepted. Any complaints about the processing, including pricing, are in any case inadmissible. The Customer renounces all rights of retention and offset of all kind against our purchase price claim. Complaints only made about parts of the goods shall not entitle the Customer to complain about the whole delivery.If a complaint is reported properly, the Customer may, if requested, send the goods back to us at our costs. Upon receipt, we will deliver flawless goods.

11. Returns are always to be arranged with us. Returns agreed with us will be credited with a deduction of 20% of the value of the goods. Excellent goods and those that are no longer in a saleable condition will not be credited. For unjustified returns, acceptance shall be refused and returned at the expense of the customer. The prices valid on the day of delivery apply. The prices indicated in the price list are exclusive of the applicable VAT. Within Germany, we deliver from a value of €1.000 free of charge, including 4,5% of the value of the goods. For deliveries to Austria, the Netherlands, Denmark, Sweden, Luxembourg, Belgium we deliver free of charge from a value of €1.500 of which we charge 7,5% of the value of the goods. For all other countries please contact us at info@exner-collection. de. In the case of cash on delivery, the shipping costs will be invoiced. Any customs clearance costs incurred shall be borne by the client. Attachments to existing orders are not possible. Additional costs for express and express parcels shall be borne by the client.

12. Our invoices can be settled as follows:

Direct debiting within 3 days

4% discount

8 days

2% discount

or after 30 days

net



If the payment period is exceeded, default interest in the amount of 2% above the discount rate will be invoiced. If the Customer ceases to make payment, the rights concerning the sorting of goods specified in § 46 of the Deutsche Konkursordnung (German Bankruptcy Act) shall apply. In addition, all outstanding payments shall become due immediately. All costs arising out of non-cash payments shall be borne by the Customer. Non-cash payments will be accepted with reservation, bills of exchange are only accepted upon prior agreement, taking into account all charges. In the case of new orders, we reserve the right to request cash on delivery.

13. All the delivered goods shall remain our property until all our claims including any future claims arising from the current business relationship (in the case of payments by way of bill of exchange and cheque until their redemption). The Purchaser, acting as fiduciary custodian, takes direct possession of the goods. The Purchaser may, however, sell or process the goods within the scope of a proper business operation. Any pledging or security transfer of the reserved goods in favour of third parties shall be excluded without our consent. A pledging of the goods by third parties shall be notified to us immediately. With the sale of the reserved goods by the Purchaser to its own customers within the normal course of business, the reserved goods shall be replaced by the Purchaser's claim against its own customers to our benefit, which shall be deemed to have been already assigned to us up to the amount of the claim owed to us (extended reservation of ownership). We undertake to release the transferred claims to the extent that the security granted to us exceeds our claims by 20%.

14. The place of performance and jurisdiction in respect of all deliveries and services for both parties shall be 45659 Recklinghausen. In the case of foreign business, the whole contractual relationship shall be subject to the law of the Federal Republic of Germany.

15. We would like to point out that in accordance with § 23,24,26 and 43 of the German Federal Data Protection Act (Bundesdatenschutzgesetz (BDSG), we store, within the context of the purpose of the order processing, individual data on the customers which we do not disclose to third parties unless this is permitted or prescribed by the BDSG or by other legal provisions.

16. A large part of our articles are in-house developments and our intellectual property, imitations are illegal. Any disclosure to third parties without our approval is prohibited.

17. All previous terms of sale, delivery and payment have herewith become void.

Last update: Sep 28, 2022 at 11:26 AM
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