Bauerfeind AG terms and conditions of sale and delivery – Sports Business Division (GTCs)

Scope: Germany

are quoted net ex works in euros, excluding statutory value-added tax.

at buyer’s expense and risk even if the buyer does not bear the transportation cost. Disruptions of operations affecting us or any of our suppliers, lack of suitable personnel, strike, lockout and force majeure are causes for extending delivery and relieve us of any delivery obligation for the duration of the obstruction.

Shipping costs
are calculated as a flat rate of 6.95 euros for a net order value of the total order up to 100.00 euros. Special shipping requests are calculated on a time and material basis.

are only accepted outside the warranty terms if we have been notified in advance and approved the return (notification) with inclusion of the shipping documents and under the assumption that the returned goods are in faultless condition. We reserve the right to reject any returned consignment. We charge a processing fee of 10 euros for every consignment returned outside the warranty period up to 1 month from the date of delivery. For goods returned 1 month or more after the date of delivery, a handling fee of 20% of the net order value, or a maximum of 25 euros per item and piece is charged; for returns 6 to 12 months after delivery date, the fee is 40% of the net order value, or a maximum fee of 50 euros for each item and piece. Goods returned outside the warranty period 12 months or more after the date of delivery will not be accepted.

is promptly due upon delivery. We offer a 3% discount for payments made by direct debit or payments made within 10 days of the invoice date. Otherwise payment is 30 days net. The buyer shall be considered in arrears once the 30 days from the invoice date have passed. From this point on, any further deliveries will only be made against advance payment.
From the date that the customer is in arrears, we will charge default interest of 8% above the applicable base interest rate. Payments by check, draft, etc. are deemed to be made only when the amount has been credited fully and irrevocably to our account.

Retention of title
We retain the title to all goods delivered until the buyer has paid all amounts due under our joint business relations. The retention of title also applies proportionately to goods which have been processed or otherwise modified. If the goods are resold, all third party claims arising therefrom up to the total amount owed us shall be transferred to us without proviso. Notwithstanding the assignment, the buyer is entitled to the collection of these amounts. Our right to collect the amounts is not affected by the preceding provision; however, we undertake to refrain from collection unless the buyer defaults on payment. If the buyer defaults on payment, we can demand that the buyer disclose the assigned claims and the names of the debtors, provide all information required for collection of the debt, deliver all required documents and inform the debtors (third party) of the assignment. The Buyer shall not be entitled to pledge or assign the goods as security. Pledges, confiscation or any other dispositions taken by a third party shall be promptly communicated to us by the buyer and all information and documents necessary for us to defend our rights shall be provided. We undertake to release the security due to us at the buyer’s request insofar as its value does not exceed that of the claim to be secured by more than 20% and provided the claim in question has not yet been settled.

Warranty claims due to obvious defects expire unless notified to us in writing without delay under the terms of Sec. 377 German Commercial Code (HGB). In all other cases, the warranty period for warranty claims is 1 year after delivery of the purchased goods. If the goods are defective, we may replace or repair the goods at our discretion.
For reasons of hygiene, repairs can only be made to washed goods and goods which are in perfect sanitary condition. To the extent that we fulfil our duties of subsequent performance, including without limitation, the repair of defects or the delivery of goods without defect, the customer cannot demand a price reduction or rescind the contract unless our attempts at subsequent performance have failed. Defects which are due to normal wear and tear, overuse, misuse, neglect of care or non-compliance with the instructions for use are not covered by warranty.

for damages is excluded unless we or our representatives or vicarious agents have been found to have acted with gross negligence or intent. This limitation of liability does not apply to damage due to injury of life, body or health or the violation of a material contractual duty.

Legal venue
The place of performance is the registered office of our company. The legal venue for all disputes arising from the business relation is Gera.

Severability clause
If any provision in these Terms and Conditions of Sale and Delivery should be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced with a valid provision which reflects the original economic intention of the parties as closely as possible.

Data protection clause / call recording:
For quality purposes, we randomly record calls between the buyer and our employees. The phone recordings solely serve the purpose of improving our service and are deleted after evaluation. The data will not be disclosed to third parties. The buyer hereby consents to the recording of telephone calls for that sole purpose. Consent is voluntary and may be revoked at any time in the future by the buyer.

Version: February 2016