Weinheimer Leder (WL) General Terms and Conditions of Business
These terms and conditions of business shall apply to all contracts, deliveries and other services to our customers. We shall not accept any deviating terms of our customers unless expressly agreed by us in writing.
2. Contract conclusion and content of the contract
2.1. Our offers, prices as well as cost estimates are always subject to change. They are merely quotes, i. e. an invitation to our customers to make us an offer. The contract shall be deemed concluded only once we confirmed the order in writing. For the type and volume of our delivery, only our written order confirmation shall be decisive. Electronic printouts designated as binding shall be deemed a written order confirmation. In case of aggregate offerings the prices stated therein shall apply only, if the order is placed for all items contained in the offering. In case we do not confirm the order in writing, the contract shall be deemed concluded upon the performance of the order at the latest.
2.2. Any representations given by our agents over the telephone or made verbally shall require written confirmation in order to be legally valid.
2.3. Upon placing the order, the customer makes a binding statement that it wishes to purchase the goods ordered. The customer hereby agrees that no receipt of the acceptance shall be necessary.
2.4. Any specimens or samples delivered are for guidance purposes only; in case the purchase is made on the basis of a specimen or sample, the qualities of the sample shall not be guaranteed.
2.5. The conclusion of the contract shall be subject to our receiving the correct supplies from our own suppliers in a timely manner. In case of impossibility without fault on our part we shall be entitled to rescind the contract within four days after receipt of the information of non-performance. In this case the customer shall not be entitled to claim damages.
3. Description of services and supplies
3.1. The quality of the supplies or services shall be described by conclusive, expressly agreed performance features (e. g. specifications, designations, approval or other details). Any performance features other than the ones expressly agreed as well as other qualities of the supplies and services shall not be owed.
3.2. Any warranty for fitness for a particular purpose or a special suitability is made only to the extent that this has been expressly agreed in writing. We reserve deviations from physical or chemical values including colours, formulas, procedures and the use of raw materials, if such deviations are usual in the trade or cannot be avoided technically.
3.3. Specifications regarding the supplies and services (e. g. in catalogues, product information, electronic media or on labels) are based on our general experience and knowledge and are merely guidelines or descriptions. Both the product specifications as well as any expressly agreed performance features/purposes shall not release the customer from its obligation to test the fitness of the product for its intended purpose.
3.4. Information given on our products relating to their quality and field of application shall not constitute any guarantees or assurances, unless expressly designated as such in writing.
4. Delivery and passing of risk
4.1. Delivery dates and periods that have not been expressly agreed as binding are non-binding statements only.
4.2. The delivery period is kept, if the delivery item has left our warehouse by the end of the delivery period or if we notified the customer that the delivery item is ready for dispatch. The delivery period does not start running as long as the customer fails to meet its obligations such as providing technical data and documents, permissions and making a down payment or handing over a payment guarantee in the proper manner.
4.3. Unless agreed otherwise in the contract the goods ordered shall be delivered to the address provided by the customer on account of and at the risk of the customer.
4.4. Call orders and partial deliveries shall in any case require a written agreement on the delivery time. We shall be entitled to make partial deliveries. These shall be deemed independent transactions. The volumes to be delivered may exceed or fall short of the agreed volume by up to 10%. In case of small orders or orders that deviate from the standard programme, we shall reserve the right to charge for the minimum volume and/or a minimum fee.
4.5. Events such as force majeure or other circumstances for which we are not responsible and which render the timely performance of orders taken impossible shall suspend our duty to deliver for the time such event lasts.
4.6. In the event that insolvency proceedings are commenced, a statutory declaration on the disclosure of assets is made, payment difficulties arise or it becomes known that the financial situation of the customer has deteriorated significantly, we shall be entitled to immediately cease deliveries and to refuse performance of ongoing contracts, if the customer fails to pay consideration or fails to provide adequate security upon our request.
4.7. We shall be entitled to be released from the duty to perform the contract, if the goods have not been supplied by our suppliers on time or if wrong goods were delivered or delivery was incomplete. This reservation shall apply only, if we are not responsible for the non-supply, i. e. if we concluded on time a contract with the supplier on the same supplies, we owe to the customer to perform the contractual duties. If the goods are not delivered we shall immediately notify the customer thereof and reimburse the purchase price as well as shipping costs.
4.8. The risk of accidental loss and accidental deterioration of the goods shall pass upon the delivery of the goods to the shipper, carrier or other person commissioned to deliver the goods