Sales and Delivery Terms and Conditions
1. Validity
Deliveries and services provided by Baumann GmbH & Co. KG take place exclusively based on these business terms and conditions.
2. Guarantee
Defects may only validly be made immediately upon receipt of the goods. Subsequently raised objections are rejected if the goods are accepted by the receiver without objection. Baumann GmbH & Co. KG is not liable to ensure that the delivered goods are suitable for the buyer’s prospective purposes.
3. Payment
The goods are payable immediately. Invoices apply as approved if they are they are not objected to within 6 days of the invoice date or from the purchaser’s proven date of receipt of the invoice. We are entitled to invoice payments for prior debts in spite of any other contrary purchaser provisions. If costs and interest have arisen, we are therefore entitled to allow initially for costs, then for interest and finally for the main service in the payment. A payment therefore only takes place when we have possession of the amount. For payment by cheque or foreign currency, the payment only takes place upon final encashment. If the invoice has not been settled within 10 days of the invoice date, the purchaser is in default and has to bear all resulting costs. The interest rate is based on the interest rates calculated by the merchant banks for open current account credits, however at least 5% above the respective prime rate of the German Federal Bank.
4. Retention of Title
Until completion of all outstanding money, the goods remain the property of Baumann GmbH & Co. KG. The purchaser is entitled to process and sell the goods subject to retention of title in business operations in accordance with the regulations, as long as he is not in default. Pledging or security transfers are prohibited.
5. Other
The law of the Federal Republic of Germany shall apply.
Place of jurisdiction: 68623 Lampertheim
Place of fulfilment: 68519 Viernheim