All deliveries, services, and offers by the Seller exclusively take place in accordance with these General Terms and Conditions of Business. This also applies even when the Buyer has differently worded purchasing conditions of the supplier to hand. Differing conditions require written confirmation. The General Terms and Conditions of Business are accepted when the order is submitted.
2a. For new customers and first time buyers: • Advance payment, less 3% discount • Payment via direct debit/transfer within 10 days of invoice date, 3 % discount (valid only for Germany and Euro-zone countries) • Cash on delivery, less 3% discount + C.O.D. charge.
2b. For existing customers: • Direct debit/transfer, less 3% discount, within 10 days of date of invoice (only valid for Germany and Austria) • Payment 10 days from invoice date, net without discount.
2c. Insofar as nothing different has been agreed upon, advance payment must be made for delivery of goods to another country.
2d. For special production orders and custom-made articles strictly payment in advance applies.
2e. As invoice date, the date of the shipment of the goods applies.
2f. The receipt of payment must take place within the deadline stated on the invoice.
2g. By exceeding the terms of the designated payment deadline, the Customer is automatically in payment default. Upon payment default, interest in the amount of 2% above the relevant bank rate of the German federal bank must be paid. Hereby, the enforceability of additional default damage remains unaffected. Additionally, starting from the second payment reminder a €10 charge must be paid.
2h. If the financial circumstances of the Buyer have substantially deteriorated or it does not become known until afterwards that the Buyer is in bad financial circumstances, the Seller is authorized to change the payment requirements accordingly or to withdraw from the contract.
2i. The delivered goods remain the property of CG International GmbH until full payment. Only then will they be transferred into the proprietorship of the Buyer. In the event of bankruptcies, we reserve the right for segregation (Aussonderungsrecht). In the case of a takeover of the Buyer’s company, the claims thereby created are transferred to us as a precaution. The Buyer cedes the claims to us and at all times gives us any information we may request. He is authorized to revocably collect the demand which was transferred to us. If the Buyer does not fulfil his obligations towards us, he will be obligated by demand to notify the debtor about the surrender.
2j. Forfeiting or transfer of our delivery and/or abandonment of our claims to third parties is not admissible.
3a. All prices are – unless otherwise indicated – unit and net prices exclusive of any applicable statutory sales taxes and shipment costs. Discount is incorporated in the initial price calculations.
3b. All offers and price lists are subject to change and non binding. They only become binding upon confirmation of the contract by the Seller.
3c. Upon the publication of this catalogue all previous prices and offers are no longer valid.
3d. Samples are always invoiced and are credited upon return shipment. The samples made available can be returned within 14 days in their original condition, after which period of time only upon prior agreement. Custom-made articles are always invoiced. For these, return shipment is not possible.
3e. Costs which arise through belated changes at the instigation of the Buyer (after receipt of approval to manufacture) are charged to the Buyer, including any expenses arising from a thus caused production stoppage.
3f. All offers have, insofar as not otherwise indicated, a validity of 4 weeks. In the event of sudden exceptionally high increases in the prices of raw materials, the offer price is not binding for CG International. The acceptance of an order following an offer from CG International GmbH is confirmed only with the sending of a Contract confirmation by fax, letter or email.
4a. Returns are only possible upon prior agreement with the Seller. Custom-made articles, special production orders, leather articles, articles which were rendered unusable due to wrong handling, embroidered or printed goods are generally excluded from exchange. Shipping of returns must be carriage paid with a copy of the delivery note or invoice. Return deliveries which are not pre-paid will not be accepted.
4 b. Administration fees in the amount of 15% of the value of the goods will be invoiced for all returns.
5a. Shipping costs: Germany: We invoice per packet 7.50 Euros for postage and packaging. Other countries: Calculated on an individual basis. Express costs and charges for shipping via air mail will be individually calculated.
5b. Deliveries will be made in one shipment so far as possible. In the event of unavoidable partial deliveries, CG International bears the additional postage and packing costs.
5c. Dispatch method and means, when not differently agreed upon and stated in the relevant order, are left to the choice of the Seller.
5d. Shipment is carried out at the cost and the risk of the Buyer, including for “franco domicile” deliveries. The risk is transferred to the Buyer as soon as the shipment has been transferred to the person or company who executes the transport. If the shipment is delayed because of the Buyer’s conduct, the risk is transferred to the Buyer upon notification that the goods are ready for shipment.
5e. Delivery delay: The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from unforeseen or exceptional events or circumstances outside of its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply or energy provision difficulties, unavailability of means of transport, acts of Government, etc., including if these events occur at a sub-contractor’s or supplier’s, then the delivery deadlines become non-binding and must be renegotiated. This is particularly valid where a fixed deadline had been agreed.
5f. The lead times given in offers are non-binding and assume availability of materials. The lead times indicated on order confirmations are to be understood as planned delivery dates.
6a. If the Buyer delays in taking delivery, the regulations of the BGB (German Civil Code) apply.
6b. If the Buyer does not promptly accept the delivery within a reasonable time after completion and/or notification, or delivery of shipment is not possible for a lengthy time due to circumstances which are not the fault of the Seller or its forwarding agent, then the Seller is entitled to store the shipment at his own premises or in another storage warehouse or company or with the forwarding agent at the cost and risk of the Buyer.
7a. It is the Buyer’s responsibility to immediately check the accuracy of the order confirmation. If a potential error is not reported within 24 hours, this order confirmation is deemed accepted even if consequently the delivery is not carried out as originally desired.
7b. Shortcomings and incorrect amounts must be indicated within 24 hours after transfer of the articles to the delivery address; hidden defects within two days of discovery, at the latest within 6 months after receipt of the goods. This also applies in particular to samples if the goods were sent to a third party. In the case of direct dispatch the obligation to check the goods remains with the Buyer.
7c. The risk of possible defects is transferred with the production release declaration explanation to the Buyer, insofar as it does not concern defects which have not developed in the production process subsequent to the release declaration.
7d. Defects of parts of the delivery do not authorize a complaint about the whole delivery.
7e. First, the Seller has the right to rectification of the defects or a replacement delivery within an appropriate deadline. In the event of delayed, impossible, defaulted or failed rectification or replacement delivery, the Buyer can ask for a discount of the compensation. An extended warranty and damage liability, especially by failure of the rectification because of delay or bad fulfilment of rectification obligations as well as consequential harm caused by a defect is excluded.
7f. The trade standard and technically unavoidable tolerances in colours, quality, material, weight, and other details are no cause for complaints on behalf of the Buyer.
8a. CG International GmbH is authorized to reproduce images of the articles produced by him to Clients’ specifications in his own catalogues and other print media, ads etc.; to present them at exhibitions, trade fairs, as well as make them available to other customers as samples and attach their addresses to them.
9a. The Buyer ensures that, in the event of the transfer of a creation onto an article to be produced by us, especially when ordering reproductions and other remodelling of a creation, he is entitled to the copyright. Therefore, he releases us from any liability arising through the violation of a possible copyright or other protection right. The copyright will not be transferred with the property transfer of a creation– original or reproduction piece – produced by us.
9b. We reserve ownership and copyright of our cost estimates, drawings, master illustrations and other documents. The documents must not be made accessible to third parties.
10a. Place of performance for deliveries and payments is Bad Aibling, Germany. The court of jurisdiction is Traunstein.
11a. The performance of the contract between the Buyer and the Seller shall be governed by and construed exclusively in accordance with German law. This especially applies with regard to the performance of contracts with foreign business partners.
11b. In the event that some articles are temporarily or no longer deliverable, we reserve the right to offer alternatives, possibly at different prices. Misprints, errors and omissions excepted.
If any provision or provisions of the contract including these Terms and Conditions shall be held to be or become invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The ineffective or missing conditions will be replaced by the relevant legal regulations.
CG International GmbH – Manager Cengiz Gürec, Irlachstraße 1a, 83043 Bad Aibling
Telephone: +49 (0) 8061 / 49 529 - 0 , Fax: +40 (0) 8061 / 49 529 - 16, Email: firstname.lastname@example.org
Court of Jurisdiction: Traunstein, Company Registration Number: HRB 20535
VAT Registration Number in accordance with § 27a UStG: DE 815 229 331