Terms and Conditions of Sale, Delivery, and PaymentESKA Lederhandschuhfabrik Ges. m. b. H. & Co KG
Orders shall be solely accepted and carried out on the basis of these Terms and Conditions. In placing an order, the Customer (orderer, purchaser) confirms acceptance of these Terms and Conditions. Purchasing Terms and Conditions of the Customer that deviate from these Terms and Conditions shall not be recognized by us, even if we have not expressly objected to these. Agreements that deviate from these Terms and Conditions shall only be legally valid if they are expressly accepted by us in the order confirmation or by means of a written agreement.
Quotations and order acceptance
All quotations are subject to change. Representatives are only authorized to receive orders, not to confirm them. Orders can only be canceled following written authorization by our company.
Terms of payment
Invoices paid within 10 days of the invoicing date shall be granted a 3% discount providing there are no older unpaid invoices. Invoices paid within 30 days shall be granted a 2% discount and those within 60 days shall be payable in net cash. Payments shall only be classed as having been made once we have received the credit from your financial institution. Payment by bills of exchange (acceptance bills) shall require special agreement. Any discount charges and fees must be refunded to us as soon as awareness of them arises. Bills of exchange and checks shall only be accepted as a means of payment and shall only be credited subject to their being duly honored. If payment is not received within 60 days, we shall be entitled to charge default interest at the interest rate charged by banking institutions for unsecured loans without issuing a reminder.
The method of shipment shall be at our discretion although we shall consider customer requests to the greatest possible extent. When the goods leave our company, the risk shall transfer to the orderer. This shall also apply if we have assumed responsibility for the transportation or the transport costs, or if transport insurance has been taken out at the orderer’s request. The goods and their transportation shall only be insured upon explicit request by the orderer. If goods are lost or damaged during transit, the purchaser shall be responsible for having the carrier (lorry, train, post, forwarding agent) draw up a report on the loss or damage at the time when the goods are received. Our delivery periods shall be calculated as precisely as possible but shall not be binding.
Quality control can give rise to excess quantities or shortages. We shall be entitled to fulfill the order by delivering these excess or incomplete quantities providing the deviation does not exceed 10% of the order volume. Any resultant claims by the purchaser on the grounds of delayed delivery shall be excluded. Partial deliveries shall be permitted and be classed as independent business transactions.
We shall gladly advise you on the suitability and processing of our products but cannot provide any guarantees or assume liability for any legal consequences in relation to specific uses. Minor color deviations are reserved and unavoidable. The Customer shall be responsible for inspecting the delivered goods immediately after their arrival at the destination. The delivered goods shall be deemed to have been accepted if we do not receive a written notice of defects within eight days of their arrival at the destination. Gloves that have been worn cannot be replaced. Unjustified notices of defects cannot be accepted.
Retention of title
Irrespective of the transfer of risk, we shall retain ownership of the delivery/purchase items until all of the recipient’s obligations arising from the contractual relationship are fulfilled. Pledging or transferring the goods to third parties by way of security shall not be permitted. In the event of attachment or the implementation of any other claim, the recipient shall be obliged to disclose our right of ownership and immediately notify us of the situation. If the recipient is authorized to sell our goods within the scope of standard business operations, this right shall terminate if the recipient ceases to make payments or if bankruptcy proceedings or settlement proceedings to avoid bankruptcy are instigated against the recipient’s assets. In such cases, the recipient shall be obliged to return the goods upon our request.
Place of fulfillment and place of jurisdiction
The place of fulfillment and place of jurisdiction for all obligations arising between ourselves and our Customers is Wels. This place of jurisdiction shall be expressly classed as agreed. Lawsuits arising in relation to this business relationship must be brought in Wels.