General Terms & Conditions of Delivery and Payment

  • § 1 Place of fulfilment

    The place of fulfilment for all performances under the Delivery Contract shall be the Vendor’s place of trading.

  • § 2 Place of jurisdiction

    The place of jurisdiction (including that for legal actions involving bills of exchange and cheques) shall be the Plaintiff’s place of trading or the office of its competent trade or cartel organisation. The court first seised shall have jurisdiction.

  • § 3 Provisions of contract
    1. All sales shall be concluded only for set delivery times, amounts, items and qualities. Both Parties shall be bound thereto.
    2. Block orders shall be permitted, however. They may be governed by order-execution rules.
    3. An order having been issued, retiming shall only be permitted by mutual agreement. The details thereof may be regulated by order-execution rules. Cancellation of orders over and beyond the same shall not be undertaken.
  • § 4 Delivery
    1. Delivery of goods shall be ex works. The Purchaser shall pay the shipping costs.
    2. Should delivery be made from an external store, freight shall be charged ex works; an all-inclusive storage supplement may be charged in lieu thereof.
    3. Should goods be sent by rail, carriage from works to station of dispatch shall not be charged. Purchasers who have their place of trading at the Vendor’s location shall not pay any transport costs; nor likewise shall transport costs be charged from a dispatch store to a Purchaser at the site of the dispatch store.
    4. Packaging shall only be charged insofar as shipment is made in crates or the Purchaser desires special packaging. Should the crates be returned carriage paid in usable condition within two months, the charge made for them shall be credited again to the Purchaser. Should rental containers be used, the Purchaser shall pay the freight costs and the Purchaser the rental costs.
    5. Unsorted part consignments shall only be permitted with the Purchaser’s permission.
    6. Goods must be shipped uninsured unless agreed otherwise.
    7. Should acceptance not be made in good time due to the Purchaser’s fault, the Vendor shall be entitled, having set a period of grace of ten days, either to issue an arrears invoice, or to withdraw from the contract, or to claim damages as the Vendor may choose.
  • § 5 Interruption of delivery
    1. In case of force majeure, industrial disputes, official measures or such non-culpable inter ruptions to business as have lasted, or are expected to last, for longer than one week, the deadline for delivery or acceptance shall be extended without further process to include the period of interruption, but for no longer than five weeks in addition to the grace period for delivery. Extension shall not be made if the other Party is not notified immediately of the reason for the interruption as soon as it can be recognised that the said deadlines cannot be met.
    2. Should delivery or acceptance not be made in time, the other Contracting Party may withdraw from the contract. It must notify this by registered letter or telex, however, at least two weeks prior to exercise of the right of withdrawal.
    3. Should the interruption have lasted longer than five weeks, and should the other Cont- racting Party not be notified immediately upon enquiry that delivery or acceptance will not be made on time, the other Contracting Party may withdraw immediately from the contract.
    4. Claims for damages are hereby excluded in the foregoing cases.
  • § 6 Grace period for delivery
    1. Following expiry of the delivery deadline, without declaration a further period of grace shall be set equalling the period of the delivery deadline, but for no longer than 18 days. Following expiry of the delivery-grace period, withdrawal from contract shall be deemed to have been effected, to the exclusion of claims for damages, unless the Purchaser requires within a further 14 days that the contract be fulfilled. The Supplier, however, shall be released from its duty of delivery following expiry of the delivery-grace period if, during the delivery-grace period or following its expiry, it requires the Purchaser to declare whether it requires fulfilment of contract and the latter declares itself immediately. No fixed transactions shall be made.
    2. Should the Purchaser intend to claim damages in lieu of fulfilment or to withdraw from contract, it must set the Vendor a period of grace for delivery of four weeks with a warning that, following expiry of the grace period, it will refuse fulfilment. The period of grace shall be calculated from the day on which the Purchaser’s notice is dispatched by registered letter or telex. These provisions shall also apply should the Purchaser, pursuant to Section 1, Clause 2, require fulfilment of contract.
    3. For store goods ready for dispatch the grace period for delivery shall be no longer than five days. Otherwise the provisions of Paragraphs 1 and 2 shall apply.
    4. Prior to expiry of the grace period for delivery, any claim by the customer for delayed delivery shall be excluded.
  • § 7 Complaints
    1. Complaints must be dispatched to the Vendor within two weeks following receipt of goods at latest.
    2. After layout or other processing is commenced of goods delivered, any complaint shall be excluded.
    3. No complaint can be made of deviation in quality, colour, width, weight, accoutrement or design of a kind usual in the trade or of a minor, technically unavoidable nature.
    4. In case of justified complaints the Vendor shall have the right of subsequent repair or delivery of defect-free replacement goods within ten days following return receipt of the said goods.
    5. Following expiry of the deadline specified in Section 4, the statutory provisions shall apply.
    6. In case of concealed defects statutory provisions shall apply.
  • § 8 Payment
    1. The invoice shall be issued as of the day of delivery or provision of goods. Any postponement of an invoice’s maturity date (value date) is hereby excluded. Insofar as a premature delivery is justified in the interests of the Contracting Partner, the order-execution rules may set exceptions to this regulation.
    2. Invoices shall be payable:
      1. within ten days from the day of issue with 4% early-payment discount,
      2. from 11 to 30 days from the day of issue with 2.25% early-payment discount,
      3. from 31 to 60 days from the day of issue net.
    3. Should bills of exchange be accepted by the Vendor in lieu of cash, check or transfer, upon acceptance of bills of exchange after the net credit limit of 61 days from date of invoice issue a supplement of 1% shall be charged on the total amount of the said bill.
    4. In case of payment pursuant to Paragraph 2, Clause 2, apart from the cash discount of 2.25%, pre-interest shall be granted to the amount of arrears interest.
    5. In case of payment pursuant to Paragraph 2, Clause 3, only pre-interest shall be paid to the amount of arrears interest.
    6. Arrears interest shall not be paid along with the discount of 4%.
    7. In lieu of the above provision, the following regulation may be made, providing the Purchaser binds itself thereto for at least 12 months: This mode of regulation shall be governed by Paragraphs 1–3 analogously. Pre-interest shall not be paid in any case.
    8. Changes to the mode of regulation must be notified three months in advance.
    9. Payments shall always be applied to settle the oldest debt component due, plus the arrears interest incurred thereon.
    10. The day on which the payment is settled shall be considered in every case to be that of the postmark date. In case of bank transfers, the day prior to the day on which credit is made to the Vendor’s bank shall be deemed to be the day on which the payment is settled.
  • § 9 Arrears of payment
    1. Should payment be made after the due date, arrears interest shall be charged amounting to 3% above the Bundesbank discount rate.
    2. Prior to full payment of due invoice amounts, including arrears interest, the Vendor shall have no duty to make further delivery under any current contract.
    3. Should the Purchaser be in arrears with a due payment, or should his assets suffer a significant deterioration, the Vendor may require cash payment before delivery of goods for deliveries still outstanding under any current contract, the credit period being thereby abrogated.
  • § 10 Mode of payment
    1. Payment must be made in cash, by check, by bank, gyro or postal-order transfer.
    2. Offset against disputed counterclaims and retention of due invoice sums shall not be allowed; this shall not apply should the Vendor suspend payments. Other deductions (e.g. postage) shall not be allowed.
    3. Insofar as bills of exchange are accepted in payment, they shall be accepted only in return for reimbursement of bank, discount and collection charges. Bills of exchange and acceptances with a term of more than three months shall not be allowed.
  • § 11 Reservation of title

    Goods delivered shall remain our property until full payment of the purchase price, inclu- ding all ancillary claims.

    Title shall pass to the Purchaser only following fulfilment of all other payables due to us, including payables due for future performances.

    Even if title to goods in the Purchaser’s possession has passed to the Purchaser in full through full settlement of account, our title thereto shall revive if the Purchaser is in debt to us again. Should this be the case, and to satisfy the same, re-transfer to ourselves is agreed here and now of any title which has already passed to the Purchaser, transfer of ownership being replaced by permission for the Purchaser to retain the goods on loan and to resell them in a permissible way.

    Resale of goods delivered under reservation of title may only be made in the way usual in the Purchaser’s business. Sales differing therefrom shall require our prior agreement if our title is impaired thereby.

    In case of resale, receivables due from Third Parties for the said resale shall pass to our- selves by way of security to the amount of our invoice total, without a separate agreement being necessary in the individual case.

    Insofar as our Purchaser collects its receivables, this shall only be on a trust basis, and the proceeds so collected must be passed on to us to the amount of our invoice total. We shall be entitled to inform Third Parties (Purchasers), to be named to ourselves, of the transfer of receivables and to issue payment instructions.

    The customer must not pledge to Third Parties or assign as security any goods received under reservation of title until payment for the same has been made in full. Should the goods be confiscated or pledged by a Third Party, the Purchaser must declare our reserva- tion of title and inform us thereof immediately.

    Insofar as a central regulating agency undertaking security is involved in business transac- tions between the Vendor and the Purchaser, the Vendor shall transfer title upon shipment of goods to the central regulating agency, with the condition precedent that the purchase price be paid by the central regulator. The Purchaser shall only be released upon payment by the central regulator. Should the central regulator fail to pay, the receivable due from the Purchaser shall continue to subsist.

  • § 12 Settlement of disputes

    Disputes arising from the contract shall be decided by the proper court or an agreed arbit- ration tribunal. Should the arbitration tribunal not be agreed as solely competent, the court first seised shall have jurisdiction.

  • Bernhard Leiber Bekleidungswerk
  • Kreuzkamp 4
  • DE - 49688 Lastrup
  • info@leiber.de
  • +49 (0) 4472 / 9408-0
Imprint

Imprint

Bernhard Leiber Bekleidungswerk

Kreuzkamp 4
DE - 49688 Lastrup

Phone: +49 (0) 4472 / 9408-0
Fax: +49 (0) 4472 / 9408-35
info@leiber.de

General Manager: Herr Jens Leiber

Sales tax identification number according to ยง27a sales tax law: DE 117117199
Commercial Register No.: HRA 150151
Register Court: Amtsgericht Oldenburg

General Terms and Conditions

You can find our General Terms And Conditions here.

All prices are purchase prices and without statutory sales tax.
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