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| Conditions of Use |
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| 1. | Sales Conditions: | | | | 1.1 | Orders are governed by the following conditions of sale and terms of payment. Verbal arrangements shall not be effective unless duly confirmed by Seller in writing. | | 1.2 | By placing an order Buyer confirms that he has accepted Seller’s terms and conditions. | | | 2. | Prices and Terms of Payment: | | | | 2.1 | Orders are based on the prices shown in
Seller’s price list in effect at the time of shipment. Sales prices are in
EURO including VAT at the percentage in force at the time of shipment. |
| 2.2 | Orders are shipped on a
COD or advance payment basis. | | 2.3 | Seller shall at any time be free to cancel exceptional
arrangements, such as "delivery on invoice basis" or "payment within 10 days
without deduction". No further discounts are allowed on special offers. |
| 2.4 | Late payments will
attract interest on arrears at 10% p.a. | | 2.5 | Buyer’s refusal to accept ordered
merchandise shall entitle Seller to claim all costs and charges incurred by
him. | | | 3. | Conditions of Sale: | | |
| 3.1 | Unless otherwise
provided in Seller’s acknowledgement of order it is understood that the
merchandise will be shipped ex Seller’s home company on a COD basis. |
| 3.2 | In the event of unforeseen circumstances or
force majeure (strikes, lockouts, natural disasters, production bottlenecks at
manufacturers, shortage of raw materials, import / export restrictions etc.)
occurring owing to reasons beyond Seller’s control, Seller, at his option, shall
have the right to withdraw from the contract in whole or in part or postpone
completion thereof to a later date. Due to reasons of manufacture, the
merchandise might slightly differ in colour or composition. Unless otherwise
stated, delivery periods shall invariably be tentative and non-binding. Any
damage suffered during shipment shall immediately be reported by Buyer to the
shipping company. All merchandise is shipped at Buyer’s risk and not insured by
Seller. | | 3.3 | Unless otherwise
specifically provided, Seller shall be entitled to split the order and make
partial deliveries. | | 3.4 | Seller’s
freight charges will be invoiced to Buyer. | |
| 4. | Right of Change / Right of
Return: | | |
| 4.1 | Seller grants Buyer the right
of change within 14 days of receipt of merchandise, subject to Buyer returning
the merchandise in perfect condition (unused, unworn, unwashed). Buyer’s
right of change shall be subject to the merchandise being returned free
of charge to Seller’s address in the original packing and with the
original invoice (Costs of return shipment to be paid by Buyer).
Merchandise cannot be accepted by Seller if not returned free of
charge. | | 4.2 |
Buyer’s right of return shall be subject to the merchandise being returned to
Seller within 14 days. A reason need not be given. Return consignments are
at Seller’s expense. In any such cases, Buyer shall inform Seller in advance by
phone. Seller will then send Buyer a FREE-WAY sticker of the German Postal
Service so that the merchandise can be returned free of charge to Seller.The
value of the merchandise will be refunded by Seller. | | 4.3 | Buyer shall have no right of
change or return on groin guards, chest guards, mouth guards, bandages, videos,
DVD’s, books etc., on special items or on commodities that have been improperly
used or handled. | | | 5. | Guarantee: | | | | 5.1 | Seller’s guarantee for all merchandise
supplied shall be for a period of two years according to the following
conditions: Where merchandise is supplied in deficient condition, Seller
guarantees to remedy the deficiency free of charge and without delay. Deficient
items shall automatically be transferred back to Seller’s ownership. Unless
otherwise arranged, the costs accrued for remedial measures, in particular such
costs as freight, postage, labour and materials, shall be to Seller’s
expense. | | 5.2 | In cases
where two attempts at repair or replacement should fail, Buyer shall have the
option of demanding a price reduction or cancellation of the contract. Upon
arrival at destination, the merchandise shall be checked by Buyer with the
necessary prudence and foresight, including merchandise where samples were sent
in advance. Deficiencies shall be reported in writing immediately on discovery.
Obvious deficiencies shall not fall under the guarantee if reported later than
one week after arrival of the merchandise at destination. | | 5.3 | Latent deficiencies shall be reported by
Buyer not later than one week after discovery. | | 5.4 | Seller’s liability for deficiencies
shall be limited to orders under which Buyer has been given explicit
confirmation by Seller in writing that the merchandise will be delivered in non-
deficient condition. | | 5.5 |
Seller’s liability shall in all cases be limited to the completion of Buyer’s
order in accordance with the requirements specified therein. Every deficiency
report shall be accompanied by the relevant invoice for the merchandise. |
| | 6. | Retention of Title: | | |
| 6.1 | For
deliveries on an invoice basis all merchandise shall remain Seller’s property up
to the time of full and final payment. Legal claims by third parties to
merchandise under Seller’s title, including damage or loss thereof, shall be
reported by Buyer to Seller without delay. | |
| 7. | Applicable law: | | | | 7.1 | Seller’s conditions of contract are
based exclusively on German law. Venue and place of jurisdiction |
| | | | Nuremberg, July 2004 | | |
DAX-Sports Dietmar Nowak Max-Brod-Strasse
3 90471 Nürnberg Tel: 0911 / 9 88 15 - 0 Fax: 0911 / 9 88 15 - 99
eMail: info@dax-
sports.de |
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