General Terms & Conditions
General Terms
Intexa Verwaltungsgesellschaft mbHMoorende 151
21635 Jork
Commercial Register: HRA 120473
Register Court: Amtsgericht Tostedt
Represented by the CEO: Anling Richter
PAYMENT TARGET
From the date on which the agreed payment date is exceeded, the buyer shall, without warning, pay interest to the seller in accordance with the London Interbank Offered LIBOR + 4% p.a.
INSURANCE
Insured until the first final destination.
OWNERSHIP
The goods and the things resulting from their processing or processing remain the property of the seller until full payment. Checks and bills of exchange are only valid after payment as payment.
FORCE MAJEURE
Improper or late delivery and all events beyond the control of the seller are reserved.
JURISDICTION
a) Arbitration tribunal in accordance with the Hamburg friendly arbitrage or
b) the ordinary courts. Exclusive jurisdiction is Hamburg, Germany.
OTHER REQUIREMENTS
All deliveries must be checked for possible defects by the buyer before processing or processing.
In the case of a legitimate complaint, the seller (in the absence of any other agreement) must take back the non-processed goods for a full refund of the purchase price. Other claims of the buyer omitted.
Increases in freight and insurance rates after conclusion of contract shall be borne by the buyer.
The withholding of payments or the offsetting of any counterclaims of the buyer are not permitted.
Continued delay in payment of the buyer or a deterioration in his financial circumstances after the conclusion of the contract, which leads to the reduction of his creditworthiness or credit insurance ability, entitles the seller to declare all claims arising from the business relationship due immediately and to withdraw from further delivery obligations.
The provisions of the "Standard Conditions of the German Textile Industry" / Convention on Cotton Weaving and Allied Industries e.V., regulate the following cases:
- Retention of title (in addition to what has already been stated),
- non-timely acceptance of the goods,
- the deadlines for complaints
In the case of invalidity of individual conditions, the contract remains binding in its remaining parts. Possible excerpt from the "Regulations of the Unified Conditions of the German Textile Industry" The general conditions stipulate that some cases are to be regulated according to the regulations. The excerpt below contains the relevant provisions.
PAYMENT and DELIVERY CONDITIONS
Excerpt from "The Convention of Cotton Weaving and Related Industries e.V. - Standard conditions of the German textile industry - Recast of 12.6.1985 // Konvention der Baumwollweberei und verwandter Industriezweige e.V. - Einheitsbedingungen der deutschen Textilindustrie - Neufassung vom 12.6.1985)"
RETENTION of TITLE
The delivered goods remain the property of the seller until they are paid. However, the buyer may sell or process the goods in the ordinary course of business. Any pledging or assignment of these goods in favor of third parties is excluded without the consent of the seller. In case of seizure of these goods by third parties, the buyer must notify the seller immediately.
In the case of processing and subsequent sale, the following supplement applies:
a) The delivered goods remain the property of the seller until full payment of the seller's claims against the buyer.
b) The purchaser's right to process and sell goods subject to retention of title in the ordinary course of business ceases upon cessation of payment or when the purchaser's assets are requested to open bankruptcy proceedings or settlement proceedings to avert bankruptcy. In this case, the buyer is obliged to hand over the unprocessed reserved goods at the seller's first request. The seller will credit the buyer for the unprocessed goods subject to retention of title the proceeds which he achieves in the best possible utilization (§ 254 BGB). In a revocation or a request for the return of the unprocessed reserved goods by the seller, there is no withdrawal from the purchase contract.
c) Pledging or transferring ownership of the reserved goods or the assigned claims is inadmissible.
d) By processing the reserved goods, the buyer does not acquire the property in accordance with. § 950 BGB on the new thing. The processing is carried out by the buyer for the seller, without the seller arising from this liabilities. If the reserved goods are processed, the seller acquires co-ownership of the new item in the amount of the invoice value of the reserved goods that has been processed into the new item.
e) The buyer hereby assigns the claim from a resale of the reserved goods to the seller and also insofar as the goods have been processed. The assignment is limited to the amount of the invoice value of the reserved goods that has been processed into the new item.
f) The seller will not collect the assigned claims as long as the buyer meets his payment obligations. However, the buyer is obliged to give the seller on request the third party debtors and to notify them of the assignment. He is entitled to collect the claims as long as he meets his payment obligations and the seller gives him no other instruction.
g) The retention of title shall remain valid even if individual claims of the seller are included in a current invoice and the balance is drawn and recognized; unless the balance is balanced.
h) The seller undertakes to release the securities to which he is entitled in accordance with the above provisions to the extent that his value, taking into account the value added by the buyer, exceeds the claims to be secured by 10 percent.
i) The seller is to be notified immediately of seizures, stating the pledge.
k) The buyer is obliged, as soon as he has stopped the payment, and immediately after notification of the suspension of payments, the seller a list of the still existing property, even if it is processed, and a list of claims to the third party debtors plus invoice credits to send.
Should the seller incur contingent liabilities in the interests of the buyer (check-bill payment), the extended and extended retention of title remains valid until the seller is fully released from these liabilities.
DELIVERY
If, due to the fault of the purchaser, the acceptance does not take place on time, then the seller has the right, at his discretion, to either issue a backlog invoice or to withdraw from the contract or demand compensation after setting a grace period of 10 days.
NOTICE of DEFECTS
Complaints must be sent to the seller no later than 2 weeks after receipt of the goods.
FINAL PROVISIONS
The law of the Federal Republic of Germany.
The court of jurisdiction for all disputes is the place of business of the purchaser.
Unless otherwise specified in the service description, the purchaser's place of business is the place of performance.
From the date on which the agreed payment date is exceeded, the buyer shall, without warning, pay interest to the seller in accordance with the London Interbank Offered LIBOR + 4% p.a.
INSURANCE
Insured until the first final destination.
OWNERSHIP
The goods and the things resulting from their processing or processing remain the property of the seller until full payment. Checks and bills of exchange are only valid after payment as payment.
FORCE MAJEURE
Improper or late delivery and all events beyond the control of the seller are reserved.
JURISDICTION
a) Arbitration tribunal in accordance with the Hamburg friendly arbitrage or
b) the ordinary courts. Exclusive jurisdiction is Hamburg, Germany.
OTHER REQUIREMENTS
All deliveries must be checked for possible defects by the buyer before processing or processing.
In the case of a legitimate complaint, the seller (in the absence of any other agreement) must take back the non-processed goods for a full refund of the purchase price. Other claims of the buyer omitted.
Increases in freight and insurance rates after conclusion of contract shall be borne by the buyer.
The withholding of payments or the offsetting of any counterclaims of the buyer are not permitted.
Continued delay in payment of the buyer or a deterioration in his financial circumstances after the conclusion of the contract, which leads to the reduction of his creditworthiness or credit insurance ability, entitles the seller to declare all claims arising from the business relationship due immediately and to withdraw from further delivery obligations.
The provisions of the "Standard Conditions of the German Textile Industry" / Convention on Cotton Weaving and Allied Industries e.V., regulate the following cases:
- Retention of title (in addition to what has already been stated),
- non-timely acceptance of the goods,
- the deadlines for complaints
In the case of invalidity of individual conditions, the contract remains binding in its remaining parts. Possible excerpt from the "Regulations of the Unified Conditions of the German Textile Industry" The general conditions stipulate that some cases are to be regulated according to the regulations. The excerpt below contains the relevant provisions.
PAYMENT and DELIVERY CONDITIONS
Excerpt from "The Convention of Cotton Weaving and Related Industries e.V. - Standard conditions of the German textile industry - Recast of 12.6.1985 // Konvention der Baumwollweberei und verwandter Industriezweige e.V. - Einheitsbedingungen der deutschen Textilindustrie - Neufassung vom 12.6.1985)"
RETENTION of TITLE
The delivered goods remain the property of the seller until they are paid. However, the buyer may sell or process the goods in the ordinary course of business. Any pledging or assignment of these goods in favor of third parties is excluded without the consent of the seller. In case of seizure of these goods by third parties, the buyer must notify the seller immediately.
In the case of processing and subsequent sale, the following supplement applies:
a) The delivered goods remain the property of the seller until full payment of the seller's claims against the buyer.
b) The purchaser's right to process and sell goods subject to retention of title in the ordinary course of business ceases upon cessation of payment or when the purchaser's assets are requested to open bankruptcy proceedings or settlement proceedings to avert bankruptcy. In this case, the buyer is obliged to hand over the unprocessed reserved goods at the seller's first request. The seller will credit the buyer for the unprocessed goods subject to retention of title the proceeds which he achieves in the best possible utilization (§ 254 BGB). In a revocation or a request for the return of the unprocessed reserved goods by the seller, there is no withdrawal from the purchase contract.
c) Pledging or transferring ownership of the reserved goods or the assigned claims is inadmissible.
d) By processing the reserved goods, the buyer does not acquire the property in accordance with. § 950 BGB on the new thing. The processing is carried out by the buyer for the seller, without the seller arising from this liabilities. If the reserved goods are processed, the seller acquires co-ownership of the new item in the amount of the invoice value of the reserved goods that has been processed into the new item.
e) The buyer hereby assigns the claim from a resale of the reserved goods to the seller and also insofar as the goods have been processed. The assignment is limited to the amount of the invoice value of the reserved goods that has been processed into the new item.
f) The seller will not collect the assigned claims as long as the buyer meets his payment obligations. However, the buyer is obliged to give the seller on request the third party debtors and to notify them of the assignment. He is entitled to collect the claims as long as he meets his payment obligations and the seller gives him no other instruction.
g) The retention of title shall remain valid even if individual claims of the seller are included in a current invoice and the balance is drawn and recognized; unless the balance is balanced.
h) The seller undertakes to release the securities to which he is entitled in accordance with the above provisions to the extent that his value, taking into account the value added by the buyer, exceeds the claims to be secured by 10 percent.
i) The seller is to be notified immediately of seizures, stating the pledge.
k) The buyer is obliged, as soon as he has stopped the payment, and immediately after notification of the suspension of payments, the seller a list of the still existing property, even if it is processed, and a list of claims to the third party debtors plus invoice credits to send.
Should the seller incur contingent liabilities in the interests of the buyer (check-bill payment), the extended and extended retention of title remains valid until the seller is fully released from these liabilities.
DELIVERY
If, due to the fault of the purchaser, the acceptance does not take place on time, then the seller has the right, at his discretion, to either issue a backlog invoice or to withdraw from the contract or demand compensation after setting a grace period of 10 days.
NOTICE of DEFECTS
Complaints must be sent to the seller no later than 2 weeks after receipt of the goods.
FINAL PROVISIONS
The law of the Federal Republic of Germany.
The court of jurisdiction for all disputes is the place of business of the purchaser.
Unless otherwise specified in the service description, the purchaser's place of business is the place of performance.