General Business Terms RA-CO GmbH
The following business terms and conditions are accepted by the buyer upon award of contract. They are valid for the present and any further business collaboration, regardless of the way of order placing. Any other different terms become valid only by our written confirmation. The same refers to verbal additions, changes or supplementary agreements. Texts and pictures in catalogues, offers or digital media are meant to be an approximate description of a product. Changes, mistakes or print errors are excepted.
2. Offers and Conclusion of a Contract
Our offers are always without obligation. An order is accepted only through a written order confirmation. The buyer is bound to his order during 14 days. The delivery contract takes place, if the order is writtenly confirmed or executed within 14 days. If no other agreement exists, ordered but not delivered items will be taken in backorder and delivered free of transport cost, when available.
The goods and services offered on the seller’s website do not constitute an offer to conclude a contract, but only a request to place an order. By placing an order, the seller offers the buyer to conclude a purchase contract. The contract is concluded only, when the ordered article is sent to the buyer. The confirmation e-mail after the receipt of the purchase order does not constitute an acceptance of the offer. It only confirms that seller received the order. The text of the contract is stored after sending the order. However, this is no longer accessible to the buyer.
4. Lead Time
Lead times are without obligation, partial deliveries are explicitly allowed. We are obliged to deliver ordered goods only, if our supplier are able to supply us with their goods. If any supply barriers exist, we reserve the right to completely or partially cancel our delivery obligation. Buyer’s claims for losses are excluded.
5. Shipping Terms
The transport always occures at the expense and risk of the receiver. The same applies to Carriage Paid To and FOB shipments. Additional costs for Express shipments will be fully forwarded to the buyer. For goods shipments outside of Germany special agreements need to be made. Each reception of the goods must be confirmed to the carrier. Please note all recognizable damages on the carrier’s consignment note immediately and call the carrier to file a claim. If a package arrives in a damaged condition, claims for missing parts can not be lodged to us, but to the corresponding carrier directly.
6. Prices and Payment Terms
All shown prices are net prices in Euro, Ex-Works warehouse Erfurt. Costs for packaging material are not included. Prices are subjects to confirmation and without obligation. The corresponding value-added tax is extra calculated and shown on the invoice. The buyer accepts price increases without prior notice. We are allowed to make corrections, if calculation mistakes happen. The buyer can apply for discount on cash payment only, if all previous invoices are paid. Accounts not paid as specified are subject to a delay charge. We will send a reminding letter with costs, which postpones the payment date for another 10 days. After this second payment date is crossed, there will be an additional charge for the delay. At the same time legal proceedings will be initiated. Claims for further losses are excepted.
7. Retention of Title
All delivered goods stay in our ownership until all pretensions against the buyer are completely settled. Also in case of resale or further processing of the goods through the buyer, the delivered goods will belong to our company. Hereby the customer assigns his trade receivables resulting from resale of our goods. The buyer is obliged to release the names of his customers, to whom our goods were delivered. The assignment of receivables through the buyer will be accepted by us.
8. Returns and Liability for Defects
Possible complaints are to indicate in written form within 8 days after receipt of the goods. The invoice number should be always included. Since we do not produce by ourselves, buyer’s complaints can be only represented or forwarded through us to the manufacturer. In general, all costs resulting from claim processing must be covered by the buyer. Mounting and packing costs are included. Claims for damage compensation or losses are always excluded. If a claim is justified, the decision will be taken only by us, whether to replace an item or to issue a credit note with corresponding value. Return of not used goods needs to be writtenly approved. In this case there will be a service charge of at least 10% of the goods value. For goods, supplied by us on buyer’s special request, returns are strictly excluded.
9. Place of Performance and Judgement
For all claims or legal disputes, resulting from the contractual relationship, the place of performance and judgement is Erfurt. The decisive law on all legal disputes will be the German law.
10. Final Provisions
The inefficacy of one single term does not affect the validness of other terms. Prior terms and conditions are hereby considered as invalid.
RA-CO GmbH Erfurt-Kerspleben, 2019-01-01