All of our quotations and deliveries are subject to the following delivery and payment conditions unless specifically agreed otherwise in writing. Our own terms and conditions of business are applicable within this framework. Any differing terms and conditions of purchase from the customer shall only become valid if we provide a written confirmation.
2. Quotation and Conclusion
All our quotations are non-binding. Orders are considered accepted if they are either confirmed by us in writing or delivered immediately on order placement or by the deadline. In such cases, our invoice is deemed as an order confirmation. Prices are non-binding. The invoice is based on the prices valid on delivery. Our deliveries are ex-works and include industry-standard packaging. Special packaging, stickers, disposable pallets and film wrapping are chargeable. Volume discounts may be available by special agreement. Overstocks and sold can be sold within the country. For custom-made items, we reserve the right deliver up to 10% more or less than the volume ordered. Custom-made items can be used for catalogues, trade shows and samples for third parties.
3. Lead Time
We strive to maintain delivery times. However agreed delivery times are approximations. We are entitled to make partial deliveries. In the case of unforeseen disruptions which occur after the contract has been concluded e.g. strikes, lockouts, interventions by national or international authorities or any other unforeseen problems which are beyond our control, the delivery time may need to be extended. If these events affect our suppliers, the same conditions shall apply. In such circumstances, the customer shall be entitled to demand a statement from us as to whether we wish to withdraw from the contract or deliver within a reasonable time period. In this case, claims for damages are explicitly excluded. Any partial delivery within a reasonable timeframe shall nullify any delivery arrears.
4. Payment Terms
Unless agreed otherwise, payments are due within 14 days from invoice date with a 2% discount or within 30 days from invoice date, in cash or by bank transfer to our account. If there are older due invoices, no discount shall apply for prompt payment of subsequent invoices. All payments shall be credited against the oldest debt. Payment arrears shall occur the moment a payment exceeds the agreed payment deadline, regardless of whether or not we issue an explicit overdue notice. We reserve the right to charge interest on payment arrears at a rate of 3% p.a. above the discounted rate of Deutsche Bundesbank. We reserve the right to claim further damages. If the customer falls behind on payments, we are entitled to withhold any outstanding deliveries and we may request a deposit as security.
5. Reservation of Proprietary Rights
In the event of any claims arising from an existing business relationship, even from past or future deliveries, the delivered goods shall remain our property until full payment is made. The redemption of bills of exchange, not their acceptance, shall be considered as payment. However, the customer is entitled to sell the purchased goods within ordinary business relationships, even under reservation of proprietary rights. The buyer then transfers all claims and other receivables arising from the agreement with its customer, and all auxiliary rights. We hereby accept this transfer. The customer is not entitled to pledge or pawn items under reservation of property. In this case, we are entitled to repossess the goods at the customer's expense or, where applicable, to demand that the buyer transfers its claims against the third. The repossession of goods shall not be deemed as a withdrawal from contract.
6. Liability for Defects
Goods must be examined immediately on receipt. Any complaints or notices of defects, shall only be deemed to be received on time if we have received them in written or other certified form no later than eight days after receipt of goods. Any subsequent complaints and compensation claims cannot be accepted. No replacements shall be provided for broken goods. Replacements or refunds shall be provided only on explicit request by the client for transportation damages or breakage during transportation. For this, we can charge 1.5% of the value of the goods. Transport damages shall be reported immediately on receipt of the goods. The customer thus transfers its claims against the carrier for goods damaged in transport. Breakages must be documented, if necessary by returning the goods claimed as broken. Rejected goods shall be stored and handled properly. Returns shall only be sent to us with our explicit consent. We shall provide a refund or replacement, at our discretion, for any complaints. Further claims of any kind, in particular claims for damages, shall be excluded unless they are based on a culpable breach of contract. Minor variations in shape and decoration cannot be rejected. White goods shall not be decorated without our consent.
7. Proprietary Rights
By purchasing our products
or by establishing other legal relationships with our company, the customer
shall not receive any rights in the copyrighted items, trademarks, designs or
other industrial property rights of Weimarer Porzellanmanufaktur Betriebs-GmbH
nor any rights to use or refer to names, logos, trademarks, designs or
copyrighted items belonging to Weimarer Porzellanmanufaktur Betriebs-GmbH in
any materials and documents, especially advertising materials, whether on an
integrated basis or otherwise, without our prior written consent.
8. Place of Performance and Jurisdiction
The laws of the Federal Republic of Germany shall apply to all legal relations between us and the customer. The place of performance and - to the extent permitted by law - jurisdiction for both parties is Jena. If one or more of the above terms and conditions is or becomes invalid, this shall not affect the validity of the other terms. The parties shall agree a valid replacement for the invalid term which comes as close as possible to the original economic purpose intended.