Global Terms and Conditions of Sale
BARNET EUROPE W. BARNET GMBH & Co.KG
1. All orders accepted by us are subject to these general conditions of sale. Any other conditions differing form these are only effective if they have been confirmed in writing. The written form is absolutely necessary.
2. Cases of force majeure, shortage of raw materials, strikes, unpredictable production or shipping difficulties or any other problems arising out of causes beyond the seller's control, for which the seller can't be held liable, excuse for all the period of the disturbance and its consequences the seller from the delivery duty. Should the delay in delivery in that case exceed 2 months from the original agreed data both seller and buyer can withdraw from the not fulfilled part of the contract.
Unpredictable costs like customs duties, increase of duties, freight etc. that are not included in the selling price are for the account of the buyer.
The regulations according to the international BISFA standards -always the last edition- are part of these conditions of delivery if not in individual case otherwise stated in these general conditions of sale.
3. Should the delivery date be exceeded the buyer has to set in writing a new reasonable extended delivery date. Claim for compensation due to delays in delivery only apply to the net invoice value of the delayed delivery.
4. As soon as the goods leave the plant or the warehouse of the seller or at the point when the goods are placed at the disposal of the buyer all risks including the shipping risk are transferred to the buyer.
5. Besides the agreed net prices the buyer has to pay the legal Value Added Tax where applicable.
Payment will be judged to have been made on time when the seller's account is credited by the due date on the invoice.
In case of delayed payment interest charges for the amount of minimum 5% of the net invoice value can be charged.
Should the buyer fall into arrears with payments the seller reserves the right to request advance payments for the deliveries still under contract.
6. The seller reserves the proprietary rights of all the goods delivered as well as all other legal claims resulting from delayed payment, until entire payment of the goods is received.
The reservation of proprietary rights extends over all new products obtained by processing. In case of processing, merging or mixing with material that doesn't belong to the seller, the seller acquires a joint property according to §§ 947, 948 of the (German) Civil Code.
The reservation of proprietary rights doesn't exclude the right of the buyer to process the goods in the frame of his normal business. The further disposal of the unpaid goods can only be done in accordance with the normal business rules and in transferring the claim to the seller.
Should the proprietary rights of the seller be in danger the buyer must inform the seller immediately of this.
For the safeguard of all the claims of the seller the buyer concedes in advance all the receivables coming from his customer and to which the seller is still entitled according to the reservation of the proprietary rights, to the seller. Even if the goods that are to be sold have already been processed.
Herewith the seller accepts this concession.
The buyer is committed to furnishing the seller on request with a detailed list of all the receivables he is entitled to according to the above mentioned- and to giving the seller all necessary information regarding the conceded claims in case of enforcement.
The buyer must obtain an insurance for the above mentioned goods against fire, water and theft and has to show the seller on request the proof of it. The buyer already transfers his claims from this insurance to the seller accepts this.
7. Potential complaints have to be made in writing within a maximum of 14 days after receipt of the goods -which have to be checked by the buyer immediately on receipt- by furnishing documents, samples, information about cases, bales, packing stickers....
Should the complaint be made too late or should the goods which are the subject
of the complaint have been processed in any form or further sold without the written
acceptance of the seller the guarantee rights expire.
In the event of unforeseen defects we must be notified in writing within a maximum
of 3 months from receipt of the goods.
In the case of a proved defect the seller reserves the right to either replace the goods, rectify the defects or give an allowance against the portion of the delivery which is detective.
Claims for compensation will only be recognised when it is caused by the negligence of the seller. This also applies in the cases of replacement.
Claims for compensation are restricted to the total net invoice value of the laimed delivery.
8. All disputes arising out of or in connection with this contract shall be governed by
and determined in accordance with the German law. Court of jurisdiction and the
place where the contract has to be fulfilled is Aachen.