Interbois Cameroun GmbH: Legal Notice
Information required under the German Telemedia Act (TMG), § 5:
Interbois Cameroun GmbH
Königsstrasse 27
70173 Stuttgart
Germany
Represented by:
Thierry Tzoumpe
Contact:
Phone:
+49 711 490 50 300
Fax:
+49 711 490 50 25
Email:
hello@interbois-cameroun.de
Registration details:
Entry in the Commercial Register.
Court of registration: Amtsgericht Stuttgart (Stuttgart Local Court)
Registration number: HRB No. 765709
VAT ID:
VAT ID No. under German VAT Act (UStG), § 27a: DE 99017/14502
Liability for content
Under general legislation we have an obligation as a business to remove or block the use of information. However, any liability to this effect only becomes applicable from the moment that a given legal breach becomes known to us. We will immediately remove any offending content as soon as we become aware of a given violation.
Copyright
Any contents or pieces of work on this site produced by the website operators are subject to German copyright law. Reproduction, modification, distribution and any form of exploitation outside the limits of copyright law require the written consent of the relevant author or creator. Downloads and copies of this website are only permitted for private use, not for commercial purposes.
Third-party copyrights have been duly observed for any content on this website which was not created by the website operator. Any third-party content is marked as such. Nevertheless, we would be grateful if you could notify us of any copyright violations you may notice. We will remove such offending content immediately upon becoming aware of a given infringement.
Design and technical implementation
die medienplaner GmbH
Interbois Cameroun GmbH General Terms of Delivery and Payment (GTDP)
For use in commercial business transactions only
Last updated: 1 August 2018
1. SCOPE
1. a)
Unless expressly agreed otherwise, the following General Terms of Delivery and Payment (GTDP) shall be applicable to all contracts, deliveries and other services which occur under business relations with customers.
1. b)
Our GTDP shall be the only applicable provisions. Any differing, conflicting or additional general terms and conditions specified by the buyer shall only become a constituent part of a contract if their application has been expressly approved by us. Such approval shall be required in all cases.
1. c)
Within any ongoing business relationship between traders, these GTDP shall become part of the contract even if the vendor has not expressly drawn attention to its inclusion in a given instance.
1. d)
Any individual agreements concluded with the buyer in a particular case (including ancillary, supplementary and amended agreements) shall take priority over these GTDP in all cases. In the absence of proof to the contrary, such agreements shall be subject to our approval through a written contract or our written confirmation.
1. e)
Legally relevant declarations and notifications delivered to us by the buyer after the conclusion of a contract (e.g. setting of deadlines, notices of defects, declarations of termination or reduction of the purchase price) shall not be effective unless they are made in writing.
2. PROPOSALS AND CONTRACT CONCLUSION
2. a)
Orders shall be regarded as accepted if they have been either confirmed by the vendor or if they have been executed immediately upon receipt of the order.
2. b)
If the vendor becomes aware of certain circumstances upon contractual conclusion,– especially payment arrears for earlier deliveries – which upon due commercial judgement, show that the purchase price claim is jeopardised by the buyer’s lack of financial capability, the vendor may, at its discretion, set a reasonable deadline either requiring the buyer to pay on delivery in each instance, or requiring the buyer to provide suitable securities. The choice between these two options shall be made by the buyer. If the buyer refuses both options, the vendor may revoke the contract, whereupon invoices for partial deliveries made until that moment shall become payable immediately.
3. DELIVERY, TRANSFER OF RISK AND DELAY
3. a)
The risk of accidental loss, accidental deterioration and delay passes to the carrier, forwarding company or any other person or entity required to conduct shipment. This transfer of risk takes effect upon delivery of the goods to these agents.
3. b)
Partial shipments are permitted, provided they are within reasonable proportions.
3. c)
The delivery period shall be agreed on a case-by-case basis or shall be specified by us upon acceptance of the order. Where no delivery period has been agreed, the delivery period shall be approximately three (3) months from the conclusion of the contract.
3. d)
If we are unable to comply with a binding delivery period for reasons outside our responsibility (non-availability of the service), we shall notify the buyer immediately and shall, at the same time, specify the new expected delivery period. If delivery is still not available within the new delivery period, we are entitled to revoke the contract, in part or in whole, and we shall immediately reimburse any payment that has already been made by the buyer. An instance of non-availability of the service in this sense shall be, in particular, any lack of timely delivery by our parent company, where this is neither our own fault nor the fault of our parent company, or where we are not under obligation to deliver in a given instance.
3. e)
If delivery is delayed, the buyer is obligated to declare, upon the vendor’s request and within a reasonable time period, whether they continue to require delivery or whether they wish to revoke the contract on account of the delay and/or whether they will seek compensation in lieu of performance.
3. f)
If our delivery is delayed, the buyer may demand flat-rate compensation for the damage caused by the delay. The flat-rate compensation shall be 0.5% of the net price (delivery value) per complete calendar week’s delay, limited however to no more than a total of 5% of the delivery value of the goods delivered late. We reserve the right to provide proof that the buyer has suffered no loss or that their loss is substantially less than the flat-rate amount specified above.
3. g)
The buyer's rights as per clause 6 of these GTDP and our statutory rights remain unaffected, especially in the event of an exclusion of the performance obligation (e.g. if performance and/or supplementary performance is impossible or unreasonable).
4. PRICES AND TERMS OF PAYMENT
4. a)
Unless otherwise agreed, the applicable prices shall be those valid at the time of contractual conclusion: ex-works/warehouse (plus VAT), and the purchase price shall become payable immediately upon receipt of the goods, without deductions.
4. b)
Even within an ongoing business relationship, we may at any time conduct a delivery only against advance payment, either wholly or in part. If we wish to apply such a restriction, we shall notify the buyer no later than when we acknowledge the order.
4. c)
In the event of payment arrears, interest shall become chargeable to the amount of the prevailing bank interest rates for overdraft facilities – at least at the statutory interest rate on arrears. Any possible discounts shall not be granted if the buyer is in default with payments from previous deliveries. Discount periods shall commence on the date of the invoice.
4. d)
If the buyer receives a reminder (German Civil Code, BGB, § 286 (1)) on account of payment arrears, or if they fail to redeem a bill of exchange when due, the vendor is entitled to demand compensation upon prior warning. The vendor may require the buyer to pay compensation of a lump sum of 30% of the order total, without itemisation, if the buyer does not accept the goods or fails to fulfil the contract in some other way.
4. e)
The buyer may not refuse or retain payment if they were aware of a defect or had some other reason for complaint at the conclusion of the contract. This also applies if the buyer remained unaware owing to gross negligence, unless the vendor itself fraudulently concealed the defects or the other reason for complaint or if the vendor gave a guarantee for the condition of the goods.
4. f)
Outstanding payables may only be withheld or offset if such payables are beyond dispute or if they have been established as legally binding.
4. g)
If it becomes obvious after the conclusion of the contract that our purchase price claim is endangered by the buyer’s lack of financial capability (e.g. by an application for the opening of insolvency proceedings), we are entitled under statutory provisions to refuse performance and – if appropriate upon setting a deadline – to revoke the contract (pursuant to BGB § 321). If a contract involves the production of unreasonable items (i.e. single-unit production), we can revoke the contract straight away; this shall not affect the legal provisions concerning the dispensability of fixing a time limit.
5. PHYSICAL PROPERTIES OF TIMBER
5. a)
Timber is a natural product, and its natural properties, variances and features must therefore always be taken into account. In particular, the buyer must consider the biological, physical and chemical properties when purchasing or using timber.
5. b)
Within a given type of timber there is a range of natural differences in colour, structure and other details. These are properties of timber as a natural product and provide no grounds for complaint or liability.
5. c)
If the buyer is in any doubt, we recommend seeking expert advice.
6. NOTICE OF DEFECTS, WARRANTY AND LIABILITY
6. a)
The physical properties of the product, especially quality, type and dimensions, shall be determined as agreed by the parties. All product descriptions which are subject matter of the individual contract are considered as agreement about the quality of the goods. It makes no difference where the product specifications come from. If no such agreement is available, the relevant applicable DIN and EN standards shall be authoritative. Declarations of conformity and CE labels do not represent any independent guarantees. Suitability and usage risks shall be borne by the buyer.
6. b)
For defects, the vendor’s liability under BGB § 434 shall be limited to the following:
The buyer must inspect goods for the correct quantity and condition immediately upon receipt. Any obvious defects must be reported to the vendor in writing within 14 days.
6. c)
If the buyer finds defects in goods, the buyer may not consider these goods to be at their disposal, i.e. the goods must not be divided up, sold to a third party or undergo further processing until the parties have come to an agreement about the processing of the complaint, or until evidence has been secured by an official expert under instruction from the Chamber of Industry and Commerce at the buyer’s place of registration.
6. d)
If a complaint is legitimate, the vendor may determine the corrective action that is to be taken (i.e. replacement of goods or repair of defect) upon consideration of the type of defect and the buyer’s legitimate interests. If we owe corrective action, we are entitled to do so on the provision that the buyer has paid the due purchase price.
6. e)
The place of performance for corrective action is the location of the vendor’s registered office.
7. GENERAL LIMITATIONS OF LIABILITY
7. a)
Unless otherwise stipulated in these GTDP, including in the following provisions, we shall be liable for any breaches of contractual and non-contractual duties under the relevant statutory provisions.
7. b)
If a breach of duty has occurred unrelated to a defect, the buyer can only terminate or withdraw from the contract if the breach is within our responsibility. A free right of termination of the buyer (in particular under BGB §§ 651, 649) is excluded. In all other respects, the relevant statutory requirements and legal consequences shall be applicable.
8. PERIOD OF LIMITATION
Notwithstanding BGB § 438 (1) no. 3, the general period of limitation for claims arising from material defects and defects of title shall be one (1) year from the date of delivery. If formal acceptance has been agreed, then this period shall start with that acceptance.
9. RESERVATION OF TITLE
9. a)
The vendor reserves the title on the goods until the purchase price has been paid in full.
9. b)
Cessation of payment and/or an application to open insolvency proceedings nullify the right to resell, use or install the reserved goods and also nullify the authorisation to collect assigned debts. This does not apply to the rights of the insolvency administrator.
10. FINAL PROVISIONS
10. a)
The vendor’s headquarters shall be the place of jurisdiction and performance for deliveries and payments (including legal action relating to cheques and bills of exchange) and for any disputes arising between the parties, provided that the buyer is a business person, legal entity of public law or special fund under public law. However, in all cases we are entitled to take legal action at the place of performance for the delivery obligations as per these GTDP or under an individual agreement, should that agreement take priority. We may also take legal action at the buyer’s general place of jurisdiction. These provisions do not affect any higher-ranking statutory provisions, especially those concerning exclusive authorities.
10. b)
Relations between the contractual parties shall be exclusively subject to the law applicable in the Federal Republic of Germany, with the exclusion of the UN Convention on Contracts for the International Sale of Goods.
10. c)
Pursuant to the provisions of applicable German and European data protection legislation on business transactions, the buyer is hereby advised that the vendor will collect, process and use any necessary personal data obtained within the framework of the business relationship.
10. d)
Should a provision in these GTDP be invalid (e.g. unlawful or otherwise non-enforceable), this shall not impair the validity of the remaining provisions. The invalid provision shall be replaced by a legally valid one that is mutually agreed upon, and that has a similar but valid economic and legal impact. The same applies to any loopholes and/or omissions in these GTDP.