The consistent conditions of the Deutsche Bekleidungsindustrie shall apply as amended from time to time.
In case of international orders, the law of the Federal Republic of Germany for purchases between national business partners shall apply in addition to our business conditions.
Apart from this, the following provisions shall apply:
1. Orders shall only be binding upon the seller when they are confirmed by him in writing.
The goods are intended for delivery to the address indicated on the order form. Specifically, the goods are only intended for further sale in this location and must not be offered for sale in any other places or other shops. The purchaser shall ensure this. Exceptions must be reported to the seller and shall require his express written consent.
2. The day of dispatch of the goods shall be the day of performance for the delivery. The place of performance shall be the seller's seat.
3. Cases of force majeure shall include the case of non-delivery or interruption of delivery by the supplier's pre-suppliers. In case of impairment of delivery by more than 5 weeks, the seller shall have the right to declare rescission. Partial deliveries are expressly permitted.
4. Fixed dates agreed on in exceptions shall not entitle the purchaser to assert any damages claims if the deadline is exceeded by no more than 12 days.
5. If any detrimental information on the purchaser is received after the order confirmation is sent, we expressly reserve the right to declare rescission of the contract without the orderer being able to file any damages claims. Non-performance of the contractual obligations by the purchaser shall give us the right to delay all or individual deliveries or revocation of the current contacts without setting any grace period.
6. Subsequent to and supplementing §4 (7) and §9 (2 + 3) of the consistent conditions of the garment industry, the seller reserves the right to issue advance payment invoices for completed goods from the purchasing contract. This shall specifically apply if the purchaser is in default with past payments or if advance payment invoices have been agreed on at conclusion of the contract. In such cases, the seller shall have met his obligations from the purchasing contract at issuing of the advance payment invoice. Collection of the resulting claims shall be on the statutory path; the goods shall be taken to shipping after receipt of payment. Advance payment invoices shall generally be subject to immediate payment.
7. Statutory VAT increases during the term of the contract shall lead to automatic adjustment of the agreed VAT rate.
8. Flat-rate return processing fees shall not be granted.
9. The following extended and expanded reservation of title shall apply:
a) The goods shall remain the seller's property until full payment of all claims of the seller, including those arising in future.
b) The purchaser's right to sell goods subject to reservation of title in the proper course of business shall end notwithstanding any revocation permitted at any time by the seller with cessation of payments by the purchaser or if any bankruptcy or settlement proceedings to avoid bankruptcy are applied for regarding his assets.
c) Pledging or provision as collateral of the goods subject to retention of title or the assigned claims shall not be permitted.
d) The purchaser hereby assigns the claims from further sale of the goods subject to retention of title go the seller.
e) The seller shall not collect the assigned claims while the purchaser complies with his payment obligations. The purchaser shall, however, be obliged to report the third debtors to the seller on request and to inform them of the assignment. He shall have the right to collect the claims directly while the seller does not instruct otherwise.
f) The retention of title shall continue even if individual claims of the seller are included in a current account and the balance has been determined and recognised.
g) If the collateral due to the retention of title exceeds the claim to be secured by 25 %, the seller shall release fully paid deliveries at his discretion.
h) The seller must be informed at once of pledgings under indication of the lien creditor.
i) The seller shall be obliged to send the purchaser a list of the goods subject to retention of title still present and a list of the claims to the third debtors, including invoice copies, separately without delay after disclosure of cessation of payments as soon as he has ceased payments.
10. The place of jurisdiction for any disputes, including bill of exchange and cheque claims, shall be the district court Gemünden am Main if the district courts (Amtsgerichte) are relevant. If the regional courts (Landgerichte) are relevant, the regional court Würzburg shall be competent.
11. Deviations from our delivery and payment conditions shall require written agreement. Our silence upon any contrary conditions reported to us by our business partner shall not be deemed the acceptance of such conditions. By the acceptance of goods, our conditions shall be deemed accepted as an exclusive basis irrefutably - also for future purchasing conclusions
12. If any of the above provisions is or becomes invalid, the remaining provisions shall not be affected. The contracting partners mutually commit, however, to replace any provision that becomes invalid by a provision corresponding to the purpose of the contract.
13. Business terms:
Complaints due to recognisable defects must be reported no later than 8 days of receipt of the goods. Deadlines shall be invalid where they deviate from the deadlines confirmed by us in this, even if we do not expressly object to the deadlines set by you. If we do not receive any objection to the above deadlines within 8 days, the deadlines named by us shall be deemed accepted ex works. Apart from this, the consistent conditions of the Deutsche Bekleidungsindustrie shall apply. The place of jurisdiction for any disputes from the orders placed with us, as well as for dunning and certification, and the place of performance shall be 97737 Gemünden/Main.