COMPANY BUSINESS INFORMATION
Terms and Conditions of Sale and Delivery
Our terms and conditions also apply if the customer or buyer bases his order on his own terms and conditions of purchase.
Prices:
Unless expressly agreed otherwise, the prices are always from Cobham Surrey including packaging without VAT.
Terms of payment:
The individually agreed terms of payment apply. Payments must be made free of postage and expenses. Offsetting against disputed counterclaims and the retention of due invoice amounts are inadmissible.
If the customer remains in arrears with a payment, the entire remaining debt shall become due.
Ownership:
All delivered goods remain our property until full payment of all claims to which we are entitled from the business relationship with the customer - also in the future. This also applies if the buyer has paid for certain goods delivered by us that he has designated. Bills of exchange and cheques shall only be deemed to have been paid after they have been cashed. In the case of a current account, the reserved title shall be deemed to be security for our balance claim. The buyer is entitled to process or transform the reserved goods. Through the processing, the buyer does not acquire ownership of the new item. Rather, the Seller and the Buyer agree that any processing by the Buyer shall be carried out for the Seller without obliging the Seller and that the new item created by the transformation shall be created for the Seller and transferred to him as his property by the Buyer taking it into custody for the Seller.
The processed goods serve to secure the reserved seller only in the amount of the value of the reserved goods. If the reserved goods are processed with other objects, the seller acquires the co-ownership right to the new item in the ratio of the invoice value of the goods delivered by him in relation to the invoice values of the other processed items at the time of processing. In all other respects, the same shall apply to the new item resulting from the processing or transformation as to the goods subject to retention of title. It shall be deemed to be goods subject to retention of title within the meaning of these terms and conditions.
The buyer may sell or process them within the scope of his ordinary business operations, until revoked. The claims of the buyer with all ancillary rights from the resale of the reserved goods are already assigned to the seller, regardless of whether the reserved goods are resold without or after processing. In the event that the reserved goods are purchased by the Buyer together with other goods not belonging to the Seller, whether without or after processing sold, the claim shall be assigned in the ratio corresponding to the value ratio of the seller's ownership or co-ownership of the reserved goods to the other goods and to the co-ownership rights of others to the newly created items at the time of sale. (According to the ratio of the invoice values within the meaning of the paragraph above).
The same applies to claims for damages or insurance claims that the buyer acquires for damage or loss of the goods. Goods subject to retention of title may neither be pledged nor assigned as security without the consent of the seller. We must be notified immediately if the goods are seized or otherwise impaired. The buyer's right to possession of the reserved goods expires if he does not meet his payment obligations or does not meet them in time. The same applies if a significant deterioration occurs in the financial circumstances of the buyer after delivery. The seller is then entitled to take direct possession of the reserved goods.
The costs arising from the taking back of the reserved goods shall be borne by the buyer. The seller is entitled to make the best possible use of the returned reserved goods together with accessories by private sale. After deduction of the costs, the proceeds will be credited to the buyer's debt. Any excess proceeds will be paid to him. The taking possession of the reserved goods shall not be deemed a withdrawal from the contract. If the security arising in accordance with the above provisions exceeds our claim by more than 20%, we shall release the excess security at the request of the buyer. Our records in all correspondence and samples are intended only for the recipient. Disclosure in any form is only permitted with our permission. In the case of special productions, we reserve the right to 10 percent excess or short delivery.
Leadtimes:
All information is only approximate. In the event of force majeure, industrial action, official measures, difficulties in importing sold goods, delays in transport and such operational disruptions through no fault of their own that have lasted longer than one week or are likely to last , the delivery period or acceptance period will be extended without further ado by the duration of the hindrance, but at the most by 5 weeks plus subsequent delivery period. extension does not occur if the other party is not immediately informed of the reason for the hindrance, as soon as it is overlooked that the aforementioned deadlines cannot be met. If the delivery or acceptance has not taken place on time, the other contracting party may withdraw from the contract. However, it must give written notice of this at least 2 weeks before exercising the withdrawal.
If the hindrance has lasted longer than 5 weeks and the other contracting party is not immediately informed on request that delivery or acceptance can be made on time, then the other contracting party may immediately withdraw from the contract. Claims for damages are in the aforementioned Cases excluded. Shipping is always at the sole risk and expense of the recipient, even in the case of carriage paid delivery. Express goods shipment and insurance will only be carried out in accordance with regulations and at the expense of the recipient.
Defects:
The buyer is obliged to inspect the goods immediately after receipt before processing, complaints due to the number of pieces as well as obvious defects will only be taken into account if they are reported in writing within a preclusion period of 8 days after receipt of the goods. Samples of the goods complained of must be sent. In the case of complaints recognized by us, we will provide a replacement free of charge. The buyer reserves the right to demand a reduction of the remuneration or, at his discretion, cancellation of the contract in the event of failure of the replacement delivery.
Liability:
Claims for damages of any kind, including in connection with the processing of the goods delivered by us, shall only exist if we are responsible for a grossly negligent breach of contract or if the damage is caused by an intentional or grossly negligent breach of contract by our vicarious agents. Based. Liability for simple negligence is excluded in any case. Customary or small, technically unavoidable deviations in quality, color, shape and weight cannot be objected to.
A liability for chemical cleaning resistance, washing and ironing fastness as well as color fastness of the articles and lightfastness of the colors is not assumed. "Should the seller be claimed for tax debts of the buyer - from whatever point of view - he reserves the right of recourse."
The place of performance for both parties is Cobham Surrey.
The place of jurisdiction is London, insofar as the customer is a full-time trader.
Cobham / Surrey 01.01.2021