General trading conditions the company TYRAX Intercontinental CO., Ltd.
Stood April 2010
§ 1 validity of the conditions
1. The supplies, achievements and offers of the salesman are exclusively valid due to these trading conditions. They are valid thus also for all future business relations, even if they are not again expressly agreed upon, at the latest with the receipt of the commodity or achievement, are considered these conditions as accepted. , Are hereby contradicted to counter attestation of the buyer and the reference to its business and purchasing conditions. 2. Our terms of sale are valid, even if in knowledge of against-standing or deviating conditions of the buyer the supply is unreservedly implemented to the buyer.
3. All agreements, which between the salesman and the buyer are made for execution of the present Treaty, are to be laid down in the present Treaty in writing.
§ 2 offer and conclusion of a contract
1. The offers of the salesman are not-binding and noncommittal, notifications of acceptance and all orders require for the legal force of the written or confirmation by teleprint of the salesman. 2. Designations, illustrations, measures, weights and other performance data are obligatory, if they were agreed upon expressly in writing.
3. Sales employees/coworkers of salesmen are not befügt verbal special agreements to meet or verbal warranties give, which go beyond contents of the written contract.
§ 3 prices
1. So far not differently indicated, the salesman adheres 30 days to the prices contained in its offers bound starting from their date. The prices specified in the confirmation of order of the salesman are determining zzgl. the legal value added tax. Additional supplies and achievements, as far as in the contract differently does not determine, are separately computed. 2. The prices understand themselves, if differently does not agree, from stock hay trunk including packing, whereby the salesman fills up the commodity into a container with the designation Tyra x, Tyra san, Tyra balm ect.
§ 4 supply and performance conditions
1. Supplies in the area of application, Germany, central, south and Western Europe take place by means of the independent and on own calculation working TYRA-X agency in Germany: Commercial agency George carpenter
In the meadow ring 2 A
63150 hay trunk, Germany
Tel.: 06104 65215
Fax: 06104 6682809
Here deviating the general trading conditions of the commercial agency carpenter are valid.
2. Dates of delivery and Leistungsfristen, which can be agreed upon obligatorily and without obligation, require writing.
3. Supply and achievement delays due to higher force and due to of events, those the salesman the supply substantially make or not possibly making to it belong in particular to strike more difficult, lockouts, official arrangements etc. not to represent even if them with suppliers of the salesman or the subcontractor entering the salesman has also with obligatory agreed upon periods and dates. They entitle the salesman to postpone the supply and/or the achievement around the duration of the handicap zzgl. an appropriate starting time to withdraw or because of the part not fulfilled yet totally or partly from the contract.
4. If the handicap persists longer than 3 months, the buyer is entitled after angemessner respite setting to withdraw regarding the part not fulfilled yet from the contract. If the delivery time extends, or becomes a salesman of its obligation freely, then the buyer can from this no claims for damages, directly from which argument, deduce. To the circumstances mentioned the salesman can appoint himself only if he informed the buyer in time.
5. If the salesman has to represent the disregard of obligatory periods and dates or in the delay is, the salesman requirement on distortion compensation at a value of 1% has at the most 5% of the net invoice amount of the supply/achievement concerned by the delay for each completed week of the delay, altogether however. Over it going out requirements are impossible, it are, the delay been based at least on rough negligence of the salesman.
6. Salesman is at any time entitled to partial deliveries and part deliveries.
7. The adherence to of the supply and achievement obligation of the salesman presupposes the punctual and normal fulfillment of the obligation of the buyer, also from other legal relations with the salesman.
8. If the buyer comes into default of acceptance, then the salesman is to be required entitled replacement him developed damage; with entrance of the default of acceptance the danger of the coincidental fall or the coincidental degradation turns into on the buyer.
§ 5 passage of the risk
The danger turns into on the buyer, as soon as the transmission was handed over to the person implementing for transport, or purpose dispatching the camp of the salesman left. If the dispatch without being to blame for the salesman becomes impossible, the danger with the report the ready for dispatch shank turns into on the buyer.
§ 6 guarantee
1. The salesman ensures that the products are free from productions and material defects.2. Warranty laws of the buyer presuppose that this of his investigation and dutyduty duties owed after §§377,378 HGB followed duly.
3. As far as a lack of the purchase thing representing from the salesman to is present, the salesman is entitled after its choice for the defect removal or replacement. In the case the salesman is committed to the defect removal, all expenditures, in particular transportation, way, necessary for the purpose of the lack removal, to carry work and material costs as far as these do not increase by the fact that the purchase thing after another place than place of delivery were spent.
4. If the salesman is for the lack removal/replacement ready or not able, in particular retards these beyond appropriate periods for reasons those the salesman to represent has to require or fails in other way the lack removal replacement, then the buyer after its choice is entitled to withdraw from the contract or an appropriate reduction of the purchase price.
5. As far as from contractual agreements or from the general trading conditions nothing else results, large requirements of the buyer are, equivalent from which argument impossible. The salesman is not responsible therefore for damage, which did not develop at the delivery article; in particular the salesman is not responsible for escaped profit or other financial damages of the buyer.
6. Managing adhesion design is not valid, as far as the cause of the damage is based on resolution or rough negligence. Furthermore it is valid not if the orderer makes 2 BGB valid because of the absence of a assured characteristic of claims for damages because of default in accordance with §§ 463, 480 exp.
7. If the salesman injures contract-substantial obligations negligently, the replacement for special and personal injuries is limited to the covering sum of the product liability insurance, whereby the salesman is ready to grant to the buyer on demands insight into the policy at any time.
§ 7 joint and several liability
1. A large adhesion on compensation as aforementioned, so far contractual or in the general trading conditions not otherwise regularly, actual without consideration for the right nature of the validly made requirement impossible.2. This is not valid for the requirements after §§1, 4 product liability law, same is valid with initial inability or for representing impossibility.
3. As far as the adhesion of the buyer is impossible or limited, this is valid also for the personal adhesion of the employees, employees, coworkers, representatives and executing aides.
§ 8 retention of title protection
1. For the fulfillment of a demand, including such from demands for balance from current account, which are entitled to the salesman from each argument now or in the future against the buyer, the following collateral is granted to the salesman: 2. The commodity remains property of the salesman. Processing or reorganization takes place always for the salesman as a manufacturer, however without obligation for it. If the co-ownership expires by connection or mixture, then it is now already agreed upon that the co-ownership of the buyer at the actual thing turns into proportional value-moderately (invoice amount) on the salesman. The buyer keeps the co-ownership of the salesman free of charge. Commodity, at which co-ownership is entitled to the salesman, is called in the following reservation commodity.
3. the buyer is to be processed entitled the reservation commodity in the normal business performance to sell as long as it is not in the delay. Verpfändungen or safety conveyance are inadmissible. The demand including all demands for balance from current account, developing from resale or an other argument (insurance, bad action) concerning the reservation commodity, surrenders the buyer already now already for safety's sake and in its entirety to the salesman. The salesman authorizes it revocably to draw in the demands for its calculations in the own name, surrendered to the salesman. The direct debit authorization can be only recalled, if the buyer does not follow his liabilities duly.
4. With accesses third on the reservation commodity, in particular seizing, will refer the buyer to the property of the salesman and this immediately will inform, so that the salesman can implement its vested titles. As far as third is not able to refund to the salesman the judicial and costs out of court in this connection the buyer clings.
5. With behavior contrary to the terms of the agreement of the buyer - in particular delay of payment is to be taken back the salesman entitled the reservation commodity or to be required transfer of requirements for publication of the buyer on if necessary third. In the withdrawal, as well as in seizing, no cancellation of the contract is appropriate for the reservation commodity by the salesman.
§ 9 payment
1. As far as is not differently agreed upon, the calculations of the salesman are payable 21 days after rendering of invoice without departure. 2. The salesman is entitled to take into account despite differently reading regulations of the buyer, payment first on its older debt and he the buyer about the kind of the accounting taken place will inform. Already if costs and interest arose, the salesman is entitled, the payment first at the expense to take into account then at interest and last on the main achievement.
3. the payment is considered only then as effected if the salesman can have the amount. In case of of cheques the payment is valid as effected if the cheque was only then redeemed.
4. Footstep of the buyers in delay, then is justified the salesman to require of the time starting from interest at a value of 2% of the respective basis interest of rate of discount transition law as overall compensation. They are to be set lower if the buyer a lower interest load prove; the proof of a higher damage by the salesman is permissible.
5. If circumstances admits become, which question the credit-worthiness of the buyer to the salesman, in particular a cheque redeemed or its payments does not adjust, or if to the salesman other circumstances become, which admits question the credit-worthiness of the buyer, then is entitled the salesman to place the entire balance of debt due even if it took cheques against. The salesman is entitled in this case in addition to require pre-payments or securities. For calculations under a net value of € 100 by the buyer the obligation exists to settle without or by crossed cheque step by step against delivery of the commodity.
7. For supplies over € 1,000 and outside of the area of application of the Federal Republic of Germany the salesman is entitled to require of the buyer Vorkasse at a value of 60% of the invoice value (net) in bar or by cheque or by transfer. Only with the cash payment/credit note the salesman is committed to the Vorkasse to the achievement. The payment of balance of the invoice value takes place step by step against receipt/receipt of the commodity to the carrier either in bar or via collecting main of a irrevocable directly liable bank guarantee of a German major bank oderöffentlichen savings bank, which holds its main business seat in the area of application of the Federal Republic of Germany.
8. The buyer is entitled for the set-off, retention or reduction, even if notices of defect or counterclaims are made valid, only if the counterclaims were validly determined or are indisputable. To the back keeping the buyer is entitled however also because of counterclaims from the same contractual relation.
9. Coworker of the company Tyrax Intercontinental CO., Ltd. are not collection-entitled.
§ 10 return right
1. Within 2 weeks after receipt the commodity without indication can be sent back by reasons at us. The return period is kept by punctual mailing of the received goods. Please note that the return can be worked on delay-free only if it is clearly your order zuordenbar (please senders and invoice number indicate, best calculation or copy the same settle). After the return within the prescribed period the sales contract is dissolved. 2. Possible depreciations (e.g. traces of use or damage), which by a use going beyond that to enter replacing are in case of the return from you to. Avoid therefore please the putting into use of the contents of, that open the packing and catches, since this can lead to depreciations, which we must charge for to you. For returns from Germany we refund the transport costs. Warranty claims remain untouched by it. Returns are free to make. Postage is returned during justified return.
3. The return must take place to the following address: Company Handelsagentur George carpenter, in the meadow ring 2 A, 63150 hay trunk, Germany, Tel.: 06104 65215, fax: 06104 6682809, email: info@tyrax.de § 12 application technology consultation Application technology consultation gives the salesman after best knowledge and certain after the information of the appropriate manufacturers of the products.
§ 11 right which can be used, area of jurisdiction
1. For this trading conditions and the entire legal relation between the salesman and the right of the Federal Republic of Germany under exclusion of the uniform UN of purchase right CISG is valid for the buyer. 2. So far the buyer full buyer in the sense of the commercial code, legal entity public of the right or more public special estates is, is the registered place of business of the salesman exclusive area of jurisdiction, as well as place of delivery for all itself from the contractual relation directly or indirectly resulting in disputes.
3. If a regulation from this AGBs or a regulation should be ineffective in the context of other agreements or become, then of it the effectiveness of all other regulations or agreements is not affected.
Heusenstamm Germany , April 2010
