Exclusive validity of the terms and conditions
All contracts with LogoWaffel are exclusively based on the following general terms and conditions. The buyer accepts these conditions at the latest by placing an order of any kind or by accepting the delivery. They also remain valid during the entire business relationship unless a written change is made. Only changes confirmed by us in writing are binding.
All prices are net prices. In principle, they do not include statutory value-added tax, insurance, freight and packaging; they are free ex warehouse or ex our suppliers. The prices are non-binding and result from the respective current price list. This can be changed without special notice.
formation of the contract
- The contract between us and the customer only comes into force after acceptance of the offer by the buyer. Our contract offer is binding for 2 weeks after the offer has been sent. Additions, changes or verbal ancillary agreements require our written confirmation to be effective. We also reserve the right to make changes that are technically necessary or necessary for the design. LogoWaffel is not responsible for the accuracy of manufacturer information.
- The ordered goods will be packed in a customary manner at our discretion. The packaging will be charged at the cheapest rate and will not be taken back.
delivery, delivery costs
- Delivery is from our warehouse, we reserve the right to choose a delivery agent. The customer bears the delivery costs. From an order value of € 900,- we deliver free of charge within Germany. The risk of accidental loss and accidental deterioration of the goods is transferred to the customer when they are delivered, but at the latest when they leave the factory/warehouse.
Delivery time, force majeure
- The delivery time is usually 2-3 weeks. You will be informed by us about the exact delivery date. The delivery times specified by us are not binding. A delivery period begins when all documents are available and after receipt of the order confirmation. It is deemed to have been met if the goods have left the factory/warehouse by the end of the delivery period or if they are ready for dispatch by then. The prerequisite for this is the proper and timely delivery to our sub-suppliers. If the fulfillment of the delivery period is prevented by unforeseeable circumstances (e.g. due to operational disruptions, delays in the delivery of essential raw and building materials, etc.), the delivery period is extended. This also applies if the circumstances mentioned should occur at our sub-supplier. Our delivery obligation expires if delivery is made impossible due to force majeure (see above). If the delivery time is extended for the above reasons through no fault of our own, the customer has no claims for damages. Should the above-mentioned, unforeseeable circumstances occur with the customer, the same rules also apply to his acceptance obligation. Non-compliance with delivery times only entitles the customer to assert his rights if he has granted the seller a grace period of at least 14 days in writing. The period begins when the seller receives the deadline. Partial deliveries of any kind are permitted. Setting a new deadline after a partial delivery is absolutely necessary.
- For an order value of less than €50, a processing fee of €5 + VAT will be charged. For cost estimates combined with CAD preliminary drafts, we charge a fee of € 150 + VAT if the order does not come about.
Maturity, Payment and Set-Off
- Payment is made by cash on delivery, prepayment (bank transfer) or direct debit. Delivery against invoice is only possible after prior agreement. Outside the Federal Republic of Germany, payment can only be made by direct debit. However, other methods of payment are also possible after prior written agreement. If you pay within eight days of the due date, we grant a 2% discount. Bills of exchange and checks are only accepted on account of performance and provided they can be discounted. Discount charges are at the expense of the customer. 30 days after receipt of the invoice, we charge interest on arrears at a rate of 8% above the base interest rate in accordance with Section 1 of the Discount Rate Transition Act of June 9, 1998. For new customers, we take the liberty of sending the goods only after prepayment of 50% of the order value. We assume the creditworthiness of our customers when accepting orders. Should reasons become known that give rise to justified doubts about the solvency of the customer, e.g. B. settlement or insolvency proceedings, cessation of payments or similar, st
- We have the right to withhold deliveries that have not yet been made and to withdraw from the contract. No claims for damages can be asserted from this. However, the customer is not relieved of his obligations from the part of the contract that we have already fulfilled. The buyer is not entitled to any offsetting or right of retention due to claims that do not originate from the same contractual relationship.
- Unused devices in their original packaging can be returned within ten days of the delivery date. The return is free of charge for us. An expense allowance of 15% of the list price will be charged for the return.
retention of title
- The seller retains ownership of the delivered goods until full payment of all his claims from the business relationship with the customer. The inclusion of individual claims in a current account as well as the drawing of balance and their recognition do not cancel the retention of title. The customer has the right to resell the goods subject to retention of title in normal business transactions, but he is not permitted to pledge or transfer them by way of security. We accept this assignment. The customer is entitled to collect this claim as long as he meets his obligations towards us. The customer is obliged to notify us of the third-party debtor upon request and to notify them of the assignment. Any treatment or processing of the goods subject to retention of title is carried out by the customer for us without any obligations arising from this for the latter. If the delivered goods are processed or combined with other items, our retention of title does not expire as a result, but we become co-owners of the new item in the ratio of the invoice amount of the reserved goods to the other processed goods. If the reserved goods are resold after processing or connection with other goods, the advance assignment agreed above only applies to the invoice amount of the reserved goods. The purchaser must inform us of enforcement measures by third parties in relation to the goods subject to retention of title or the claims assigned thereto, and hand over the documents required for an intervention. We undertake to release the security to which the customer is entitled according to the above provisions upon request and at his option insofar as the value of the claims to be secured is exceeded by 20%.
Warranty, obligation to examine, liability
- We are responsible for defects in deliveries to entrepreneurs that are present in the goods at the time of the transfer of risk during a warranty period of twelve months for all goods and for electrical built-in parts in accordance with the following rules. Warranty periods that go beyond this must be agreed separately in writing. A defect for which we are responsible will be remedied at our discretion through replacement delivery or defect elimination. A warranty period of 24 months is agreed for deliveries to private customers for personal use. In this case, the statutory rules apply. Immediately after receipt of the goods, the customer must inspect them to ensure they are free of defects. Defective goods may not be processed further. For defects caused by incorrect handling by the customer, excessive stress, the effects of heat or cold, failure to provide the necessary lubrication, chemical, electro-chemical or electrical effects and insufficient maintenance (such as replacement of wearing parts) or similar we no liability. The claims are always checked by appraising the device in our factory. Defective devices are only sent in after consultation with us and by a transport company to be determined by us. Small devices can be returned by post. If we do not repair defects or deliver a replacement within a period of grace set by the customer, usually at least six weeks, the customer has the right to withdraw. If, after consultation with us, a device is repaired on site, we will reimburse the costs incurred for this against proof/invoice up to € 50 net. Necessary spare parts orders are always to be provided with the device number and the date of sale/invoice date, the replaced original parts become our property and are to be returned to us. We are liable for replacement deliveries and repair work on our premises to the same extent as for the original delivery item. The warranty period begins anew for replacement deliveries. We are not liable for errors resulting from the documents submitted by the customer.
- defects of a part of the goods do not entitle the customer to complain about the entire goods. Otherwise, all claims for damages by the customer against us are excluded, unless they are based on intent or gross negligence.
Fulfillment and jurisdiction
- The place of performance is the location of our company headquarters. If the buyer is a registered trader, the place of fulfillment for all performance obligations as well as the place of jurisdiction (also for document, bill of exchange and check processes) is the court responsible for our company headquarters. However, we reserve the right to sue at the customer's place of business or residence. Romanian law applies.
- Should one of these regulations be ineffective, the effectiveness of the remaining regulations will not be affected. The ineffective clause is replaced by a regulation that comes as close as possible to it from an economic point of view.
LogoWaffel, Sept. 2023