valid as of 1st September 1999, new printed Feb. 10, 2002
Through placing an order the purchaser recognises the following terms of delivery and payment. The prices are based on the cost situation prevailing on compiling the relevant valid price lists. They are subject to alteration due to costs or other changes.
Without a specific customer order we dispatch goods by the cheapest method. Additional expenses accruing through special customer requests will be charged. Delivery times are only approximate and subject to change without notice. Compensation will not be paid for damages due to late delivery.
Retention of title
Until receipt of the complete payment the goods will remain property TUNZE Aquarientechnik GmbH and cheques are not considered paid until they have been irrevocably honoured. The title on claims from goods already sold but not paid are considered assigned to us until payment is received. In the event of delayed payment TUNZE Aquarientechnik GmbH is entitled to charge interest on arrears amounting to 1% above our rate of discount.
Damage in transit
All consignments are despatched for the account and at the risk of the consignee. At the customer’s request a transport insurance can be concluded. On receipt the goods must be inspected for damage in transport immediately. Damages in transit must be reported within twenty-four hours to the competent mail dispatch, freight or express goods dispatch department. The setting off of damage from effected delivery for the account of TUNZE is inadmissible. As and when necessary an expert opinion of the damage must be submitted within three days. Other claims in respect of our delivery must be addressed to the supplier by telefax or registered letter within fourteen days of familiarisation. In the case of non-prepaid messages to TUNZE Aquarientechnik GmbH, their acceptance will be refused for organisational reasons.
Place of performance
Penzberg is the place of performance of all contracts. In all disputes arising from the contractual relationship, the legal proceedings musts be instituted at the court, which is competent for the registered office of the vendor. The vendor is also entitled to institute legal proceedings at the venue of the purchaser. If one of the foregoing terms and conditions shall become ineffective, all the others will continue to be valid.