General Conditions of Business

1. General

The following business conditions apply to all deliveries, services and offers made by the seller. Any deviating agreements, especially any of our customer’s inconsistent conditions of business as well as verbal discussions that might take place, must be agreed in writing before they become effective.

2. Offers and Contracts

In every case our offers remain subject to an effective conclusion of contract in respect of price, amount, delivery time, delivery possibilities as well as any additional services. After we have issued an offer to our customer, this does not make us automatically responsible to accept a binding contract based upon the contents of that offer. Contracts as well as orders only become binding to us, after we have confirmed them in writing to our customer.

Information attached to our offers like prospects, catalogues, illustrations, drawings, material descriptions, samples and colours are only binding for us after we have confirmed this fact in writing. The contract awarding party must check the contents of our offer immediately after its receipt and must inform us about any inconsistencies immediately in writing.

We, as the company making the offers to our customers reserve all rights to the IPR (Intellectual Property Rights), copyright, ownership and commercial performance and protection rights for the content and appendices of the offer. The content and appendices may not be used, replicated nor given to any other third party without our previous agreement. In the event of non-award of a contract these same contents and appendices must be returned to us without delay.

We have the right to put a hold on delivery of product(s) and/or service(s) when after the formal written acceptance of a contract by us we become aware that there is a danger that we will not receive payment due to (financial) deficiencies of the party that has placed the order. The rights and responsibilities concerning this are defined in §§ 320, 321 BGB.

3. Right to withdraw from contracts made with end users and received by fax/computer e-mail and similar methods

If a contract between us and an end user in the sense as defined in § 13 BGB comes into being using telecommunication supported media like fax/computer/e-mail/internet etc, (a so-called telecommunication contract), then the following rights to withdraw are valid:

Information about How to Withdrawal

(Power of Revocation)

Right to Withdraw

You can withdraw from the contract within two weeks without any grounds in text form e.g. fax, e-mail or simply by returning the items. The grace period (of two weeks) begins at the earliest time with the receipt of these instructions. Meeting the cancellation time limit can be fulfilled by the timely sending back of the withdrawal, or the items. The withdrawal should be sent to:

Heiko Eschrich

Sonneberger Straße 30

96523 Oberland OT Hasenthal

Tel. 036762-80595

Fax. 036762-80596

E-Mail : info@in-verre.de

Consequences of the Withdrawal

In the event of an acceptable withdrawal, then the mutually received benefits are to be returned as well as any temporary profits like interest. In the event that either the complete benefit or only part of the benefit can be returned, then you must in such cases provide us with some compensation. By the surrender of goods this is no longer the case, when the damages to the goods is due only to the process of checking of the goods (like would have been the case when checking the goods in a shop). By the way, you can also avoid the responsibility associated with deprecation of value, by not using the goods as if they were owned and used by you and avoid anything that might lower the value of the goods. Items returned by post are returned on our cost and at our risk. Items that cannot be sent by post are personally collected. In the case of a return from a delivery where the complete value is up to 40 Euro you must pay for the postage when the delivered goods are the same as the ordered goods. Otherwise the postage is free of cost for you.

A right of withdrawal is not possible in the case of contract(s) for goods that have been made or altered specifically for you alone.

End of the Information about how to Withdrawal

4. Prices and Delivery Conditions, Postage Costs

When no other indication is present, then the standard price list applies in Euro. These are end user prices. The small company rule (as specified in §19 of the UStG) is applied and because of this VAT is not listed separately on the invoice.

The delivery is made to the address supplied by the ordering party and a charge of 6.90 Euro is raised to cover postage costs. Orders with a value of or greater than 110.00 Euro are delivered free of charge.

The risk is transferred to the ordering party immediately the carrier, transport-company or the contracted deliverer has delivered.

This does not apply where the ordering party is specified (in the contract between the two parties) as being an end user in the sense defined in § 13.

5. Payment

Delivery is made either by pre-payment to our bank account with the Sparkasse Sonneberg Bank, account number: 421013400, BAN number: 84054722 or by payment on delivery.

The international account number (IBAN) is: DE84 8405 4722 0421 0134 00

The international bank identification code (BIC) is: HELADEF1SON

6. Reservation of Property Rights

Delivered items remain the property of the seller until they have been fully and completely paid for. The ordering party is responsible to declare to any bailiff that makes any attempt to take over our delivered items (where they have not yet been fully paid for) that ownership of such items is still reserved by us. The ordering party has no right to give up to any third party any items delivered by us that are not yet fully paid for, or to give them as presents, to pawn them, to pledge them or anything similar or to give them up as a security. If the delivery is made to another company then the items may be re-sold as part of a normal regular business process. In this case the outstanding debts of the ordering party are transferred to the purchasing party from the sale up to the value of the invoice raised for all of the items already delivered by the seller.

7. Guarantee

In the event that the delivered item does not have the agreed properties or is unsuitable as contractually foreseen or envisaged for use in general or does not have the features, that were expected according to what has been openly said by the seller, then the seller will fundamentally guarantee to correct such things by providing subsequent delivery of error free items.

Multiple subsequent deliveries are also acceptable. When the problems are not corrected after two attempts to deliver subsequently, then the ordering party may according to its choice either reduce the agreed price for the item(s) appropriately or completely withdraw from the contract.

The right of guarantee of commercial customers assumes that these customers have performed their obligations of inspection and criticism (according to §§ 377, 378 HGB).

The time period to make any claim is limited to one year from transfer of the goods. In the case that the customer is a normal end user, then the time period for being able to make claims is two years after transfer of the goods.

8. Liability for Damages

The selling party is liable according to the legal rules by endangerment to life or bodily injury or injury to health that can be proven to have been caused by careless neglect of duty of the selling party or a deliberate act or careless neglect of duty by one of its lawful representatives or one of its assistants. The same is true of any other damages that can be shown to have been caused by deliberate or gross careless neglect of duty of the seller or caused by deliberate or gross neglect of duty of one of its assistants.

The liability for the foreseeable contractually typical damages is limited to double the value of the contractually specified items for other damages that can be shown to have been caused by the seller or its representatives or assistants ignoring particular responsibilities and being responsible for light neglect of duty.

Excluded are claims for damages for other damages caused by light neglect of duty of secondary obligations. The seller is not liable for other damages caused by delay in delivery that are due to simple neglect of duty. The legal rights of the customer after expiry of an appropriate time period remain unaffected.

Preceding liability exclusions and liability limitations are not valid when the seller has deliberately remained silent about defects or has assumed a complete guarantee for the correctness of the properties of the items delivered. Rights of the customer to replacement of expenses incurred/made to no avail, instead of damages for recompense of deliveries remain unaffected.

9. Place of Delivery, Court of Jurisdiction, Valid Law

The place of delivery for our goods and services is Oberland OT Hasenthal.

The registered home office of the sellers company is solely valid for all litigation resulting from the contractual relationship in respect of all business correspondence between the commercial partners. The seller has however a right to sue the ordering party by the court associated with its registered company office.

10. Part Ineffectiveness, Valid Law

In the event that certain sections of these general conditions of business or individual conditions of a contractual delivery, are proven to be invalid the remaining conditions still remain valid.

German law applies for deliveries that take place over different country borders excluding UN rights of purchase.