GTC

Q-bs. GTC - 2008

I. Purpose of Terms

1st The following conditions are all agreements, quotes, orders, deliveries and other legal transactions of Q-bs. e.K. based.

2nd They apply through the award of the contract or acceptance of delivery as recognized. Differing conditions of the contractor do not apply. This applies even if these conditions the contractor does not expressly contradicted.

II Contract / transfer of rights and obligations of the contractor

1st All offers are up to their adoption free permanently.

2nd The contract is completed when the Q-bs. e.K. acceptance of the appointment of the subject matter specified in writing or delivery.

3rd Transfers of rights and obligations of the contractor from the business relationship with Q-bs. Third to require written consent.

III-Supply and delivery delay

1st Figures in at the conclusion of the contract valid through descriptions supplied, appearance, performance, weight, dimensions, color, texture, etc. of the contract are subject matter content. They are seen as being approximations and no warranties, but serve as a yardstick for determining the error-free, unless there is an explicit assurance was given.

2nd Delivery dates or delivery deadlines, or binding obligation can be agreed, are only part of the contract if they are agreed in writing. Delivery deadlines begin with the conclusion of the contract.

3rd The buyer may six weeks after crossing a tentative delivery date or a binding invention unchanged Delivery time the Q-bs. e.K. urge to deliver. With the receipt of the call, the Q-bs. e.K. in default. If the contractor is entitled to replace a late injury, this slight negligence in the Q-bs. e.K. to a maximum of 5% of the agreed wage. Will of darü contractor ¬ In addition to cancel the contract and / or damages instead of performance, it must be the Q-bs. e.K. after the expiry of the 6-week period gem. Clause 1 is a reasonable time limit set for delivery. If the contractor is entitled to damages instead of performance, limited the claim in negligence easier to exceed 25% of the agreed wage. , The contractor is an entrepreneur at the conclusion of the contract in the exercise of his independent professional or commercial activity, a legal entity governed by public law or public law are claims for damages for slight negligence invention closed. If the Q-bs. eK, while they are in default, the delivery impossible by chance, it responsible they agreed with the foregoing limitations of liability. The Q-bs. e.K. shall not be liable if the damage also occurred in timely delivery would be.

4th If an explicitly authentic as agreed delivery date or an explicitly authentic as agreed delivery time is exceeded, the Q-bs. e.K. already exceeded the delivery or the delivery period in default. The rights of the contractor will then determine under Clause 3 sets of 3 to 8 of this section.

5th Force majeure or at the Q-bs. e.K. or its suppliers operate disturbances occur, the Q-bs. e.K. no fault of their own to prevent the treaty subject to the agreed date or within the agreed time to deliver the change in paragraph 2 through 4 of this section referred to dates and deadlines for the duration of these circumstances, performance-related disorders. Lead to a relevant disruptions performance postponement of more than four months, the contractor may withdraw from the contract. Other rescission rights remain unaffected.

6th The shipment of goods is at risk and expense of the contractor.

7th Partial deliveries are allowed. From the delay or nonconformity of partial deliveries, the contractor may no rights over the remainder of supplies in question.

8th When calculating cost shares for patterns, models, tools or forms to the contractor still remain the property of the Q-bs.

IV. Retention of Title  

1st The contract remains subject to compensate for the Q-bs. e.K. because of the contractual relationship property claims in the Q-bs. e.K. . , The contractor is an entrepreneur at the conclusion of the contract in the exercise of his independent professional or commercial activity, a legal entity governed by public law or public law, the reservation of ownership also exist until full payment of all debts of Q-bs. e.K. against the contractor from the ongoing business relationship. At the request of the contractor is the Q-bs. to surrender to the undertakes reservation property, if the other party with all the subject matter of related receivables and uncontestable has fulfilled for other claims resulting from the ongoing business relationships is an adequate backup.

2nd The pledge, transfer, lease or other transfer of reserved goods is not permitted. The resale of the reserved goods is only in the ordinary course of business against immediate payment in cash or be allowed when the contractor, all existing and future claims against third parties on the reservation commodity security at the Q-bs. e.K. assigns. The contractor is to collect the receivables from the resale right, as far as his obligations to the Q-bs. e.K. met. Claims are immediately or later due to the Q-bs. e.K. remitted. Processing or a combination of reserved goods, the contractor for the Q-bs. e.K. before. Reserved goods must be properly handled and insurance.

V. Payment

1st The agreed fee and all of contractors supporting fringe benefits are immediately upon receipt of the goods without including sales tax deduction and due for payment. For specific customer orders or self-justifications, which are not otherwise sold, the payments due as follows: 30% of the agreed pay award with the remaining 70% for extradition.

2nd Checks and bills are only performance and cost calculation of all adopted. 

3rd Claims against the Q-bs. e.K. the contractor may only be offset or a lien claim, if this counterclaim is undisputed by the contractor or a pretty strong title, the contractor is a consumer, he is a lien can only claim so far as to claims arising from the same contractual relationship.

4th Late payment occurs at the crossing in the order confirmation or invoice payment appointment. In case of default will default interest at the rate of 9 per cent above the current base rate required. The contractor will remain the proof that no or minor damage. The assertion of further claims by the Q-bs. due to late payment is reserved.

VI. Warranty

1st Defects must immediately, within eight days after delivery writing collected. Contractor is a consumer, the time for obvious defects defects for two weeks. Commercial or minor variations in the quality, color or weight do not qualify for a complaint. This is particularly true for color piece in color.

2nd In the case of a legitimate complaint is the Q-bs. only to remedial or replacement obligation. Further damages may also be legitimate complaint is not required.

3rd Natural wear and damage, based on negligence or improper handling by the contractor are due to remain excluded from the warranty. The burden for cleaning lies with the customers.

4th When replacement is the superseded product property of Q-bs.

VII. Liability

1st The liability of Q-bs. is limited to intent and gross negligence, including legal representatives and agents, or if damage to non-compliance, the lack of a guaranteed property or the violation of essential contractual obligations is due. This restriction does not apply in respect of liability for damage resulting from the loss of life, body and health. , The contractor is an entrepreneur at the conclusion of the contract in the exercise of his independent professional or commercial activity, a legal entity governed by public law or public law, the liability at the time of completion foreseeable typical damage. Regarding assured properties will only liability for such damages, which are the guarantee covers.

2nd For ordinary negligence, liability is limited to 50% of the agreed wage.

3rd For garments ordered on the basis of inaccurate data size of the customer does not have the appropriate fit, we assume no liability.

4th If for reasons no date or prototype model production can be done over the Q-bs. e.K. no liability for loss and appearance of the product, which also applies if at the request of the customer making no part pattern is desired.

5th The liability due to delay in Section II is finally regulated.

6th The liability is due to defects in Section V finally regulated.

7th Excluded is the personal liability of legal representatives, agents and employees of the seller for their negligence caused by slight damage.

VIII. Damages

1st The Q-bs. may be its rightful compensation after their election concrete evidence or a flat rate of 25% of the agreed pay claim. The contractor will remain the proof that no or minor damage.

IX.  Performance and jurisdiction

1st Performance and jurisdiction for all present and future claims from the business relationship, including bills and check claims is exclusively Trier, provided that the contractor an entrepreneur at the conclusion of the contract in the exercise of his independent professional or commercial activity, a legal entity governed by public law or a public law.

2nd The same jurisdiction applies if the contractor has no general jurisdiction in Germany, after the contract is domiciled or habitually resident from domestic or his domicile or habitual residence at the time the ref is not known.

X. Final Provisions

1st Verbal agreements do not exist. By the contractor requested changes or amendments are only part of the contract if they are writing by the Q-bs. are confirmed.

2nd The contract also remains ineffective in terms of individual schemes or in its other parts effectively.

3rd For the contractual relations of the Parten German law applies.

4th Data from the business relations in accordance with the data protection provisions be saved.

5th All rights of drafts or models remain at all times during the Q-bs.