G PRO® NewPro® General Delivery and Payment  Conditions


Delivery and Payment Conditions

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These supplier conditions are part of the contract and always take priority over any deviating purchase or similar conditions made by the orderer. They are the basis of all trading conditions and need not be expressly agreed upon again for future business. References by the orderer to his trading conditions are hereby contradicted. Deviations, additions as well as special warranties must be in writing in order to be effective.

All sales take place exclusively according to these terms of payment and sales.

  1. Prices

The authoritative price quotation is the valid list price on the day of delivery, or the offer price. The offers are binding for 6 weeks, starting from the date of release/publication. The prices are ex-warehouse/works in Monheim A. Rhine (Germany). Freight, packing, insurance (if desired) and standard packing are not included in the price and require extra charge.

The valid Value Added Tax will be added as necessary.

All sales exclusively take place according to these terms of payment and sales.

  1. Terms of Payment

The invoices are issued on the day of dispatch of the goods, or partial delivery. Period for payment begins with the date of invoice. The payment of the invoice amount has to be made immediately due net in euro, if no other terms of payment were agreed upon. Any change to payment requires prior agreement. With delay of payment, interest is charged in the amount of 2% over the usual interest on bank loans.

A reminder fees are charged as follows:

For the first reminder EUR 7.50. -; For the second reminder EUR 14. -.

The right to assert further claims for damages caused by default remains unaffected. With bank transfers, the date of credit advice to the supplier’s account is deemed to be the date of receipt of payment.

  1. Supplier Offers

All offers are subject to confirmation. Orders are processed subject to the possibility of supply and delivery. An order is deemed accepted with receipt of the invoice.

  1. Delivery Times

The delivery times specified by the supplier are to be regarded in each case as an approximation and are non-binding and are adhered to only when possible. The supplier is not, under any circumstances, obligated to compensate for damages which arise as a result of a delay in the delivery time. In the event of an act of God or other unusual events, including official/governmental measures, operational disturbances and unusual disturbances, the supplier reserves the right to deliver accordingly, with delay or modification. In addition, the supplier has the right to withdraw totally or partially from the contract without obligation to pay compensation for damages or requirement of a subsequent or substitute delivery.

  1. Delivery

Delivery follows pre-payment, direct debit or cash on delivery (C.O.D.) with an additional C.O.D. collection fee charged.

  1. Shipping

The goods are shipped at the risk of the consignee. Any special forwarding expenses are charged to the consignee.

  1. Supplier’s Retention of Title

The supplied goods remain the property of the supplier up until payment is complete.

The goods supplied remain property of the supplier up until the reconciliation/ settlement of all demands. Transfers by way of security and seizing/garnishing of the goods are forbidden. In the event orders are made available through a third party, the orderer is obligated, upon the request of the supplier, to openly disclose his subpurchaser or customer. In the case of access to the goods through a third party, in particular with seizing/garnishment, the orderer is under a duty to notify the third party of the supplier’s retention of title over the goods.
We supply exclusively with an extended retention of title.

  1. Conditions of Payment

Payment is to be made in advance, payment by direct debit or by cash on delivery plus fees. Deviations from the terms of payment require prior written agreement by the supplier.

  1. Complaints

The goods are to be examined by the orderer immediately upon receipt of incoming goods. Complaints can be considered only within 14 days after delivery of goods. They require writing. We exchange incorrectly supplied goods unconditionally free of charge. Commercial deviations do not equate to notices of defect. With regards to errors or incomplete consignment of goods the non-defective/usable part is to separated and paid for. Notices of defect are only acknowledged if the supplier confirms them in writing. In this case the supplier is entitled to remedy the defect and/or offer replacement or modify the sales contract. This applies in particular to direct or indirect damages. Compensation of damages as a result of the failure to comply with supplier’s operating instructions, are also excluded.

  1. Cancellations of Orders

If the orderer refuses perform his/her obligation under the contract, then the supplier may insist upon performance of the contract or charge cancellation costs at a value of 20% of the sales price. If the orderer refuses to accept delivery for reasons, which the supplier had nothing to do with, all resulting costs incurred from return delivery or new delivery are the responsibility of the orderer.

  1. Returns or Exchanges

Customized manufactured goods cannot be exchanged. Returns are accepted only if the supplier has previously confirmed this in writing. Returns of goods sent freight collect are as a matter of practice strictly rejected.

  1. Use of Smell Notes/Perfume or Liquid Ingredients

When using smell notes and liquids, which the orderer has given to the supplier, the supplier guarantees no more than a clean processing.

  1. Data Protection/Security

The supplier stores and maintains the data necessary for the execution of the order. All personal data are treated with strict confidentiality.

  1. Invalidity/Nullity of Individual Conditions

Should any one of these conditions become totally or partially invalid or nullified, the remaining conditions are left unaffected.

  1. Special Agreements

Special agreements require writing. Only additional oral agreements are not legally binding.

  1. Other Agreements

All agreements, which deviate from these business, delivery, and payment conditions, require written confirmation by us.

  1. Place of Delivery/Performance/Jurisdiction

Monheim A. Rhine is agreed upon as the place of performance for all business transactions. Area of jurisdiction is Langenfeld, North Rhein Westphalia. All legal claims including legal dunning proceedings, claims regarding exchanges, returns, checks and documents are to be made before the district court in Langenfeld, North Rhein Westphalia. The above stated conditions are recognized by the orderer as obligatory and legally binding, if different agreements have not been made, which were confirmed in writing by the supplier.

Dated: 22.04.2007

Contact Us

Address

NewPro - New Products & innovative ideas for Surfaces

Lutz-Henning Robitzsch

Ricarda-Huch-Weg 2

D- 40789 Monheim a. Rhein

Germany

Telephone Number +49 (0)2173 964280
Fax Number +49 (0)2173 964282
Email news@newpro.de
URL http://www.newpro.de
URL http://www.g-pro.com
URL http://www.graffitimagic.de

© NewPro 2007