T&Cs – GENERAL TERMS AND CONDITIONS

Sales, delivery and payment terms


General

The following delivery and payment terms apply for all offers, sales and deliveries. Alternative arrangements are only effective if confirmed by us in writing. General terms and conditions of the customer are not valid, even if we have not expressly objected to them. Offers made by us are always non-binding. Additional arrangements must be confirmed by us in writing, otherwise they shall not be deemed valid.

Place of fulfilment

The place of fulfilment for all services under the supply contract is the commercial establishment of the seller.

 

Deliveries

The goods shall be delivered from the Frankfurt Höchst warehouse. Postage costs shall be borne by the buyer. Goods are sent uninsured unless otherwise agreed. Goods delivered (customer or third-party) are not insured.

Fabric samples

www.capz.de/fs03.html

Fabric samples and postage costs will need to be paid for in case the order is not placed. If the order is placed, the samples will be incorporated into the production and the costs offset.

Notices of defects

The buyer is obliged to inspect the delivered goods upon delivery and inform us of any defects within 14 days. After this time the warranty for any recognisable defects shall no longer be valid. In the case of damaged goods and timely notification of this, we are obliged to provide a replacement or refund the order value. Whether a replacement or a refund is issued, or complete recall of the delivery is required, this shall be determined by us. Claims for changes or damages, in particular accidental damage, are not permitted. For severe damage, the entire delivery will be recalled by us. In the case of supplied goods (commissioned order), we accept liability for the finished value but not for the supplied goods.  The warranty for the supplied goods includes damages which have occurred as a result of faulty material or processing errors. This does not include improper handling, amendments to the delivered product or natural wear and tear. Commercial or small technically unavoidable differences in the quality, colour, width, weight, equipment or design are not applicable. Costs for returns agreed in writing shall be borne by the buyer. Please note that technical differences in colour and quality may occur during the production of the items. Particularly with embroidery, differences in positioning may occur. Claims for damages extend to a recall of the delivery at most. Further claims for damages are not permitted.

Payment    
Unless otherwise agreed, payment shall be made in advance. Payments are due immediately without deductions. Unauthorised deductions will be required for payment. Payments will always be used to settle the oldest payable accounts plus the default interest accrued thereon. Withholding payments on the part of the buyer for reasons unknown to us are not permitted, including any offsetting of such claims.

Late payment

We charge interest and expenses 10 days after the invoice date. If the buyer is in default with a due payment or if there is a considerable deterioration in his financial condition, the seller is entitled to demand cash payment before delivery for the remaining deliveries under the current contract, overriding any otherwise applicable period for payment.

Right of retention

The ownership of the goods shall remain with the seller until all our obligations have been fulfilled. Any extended or enlarged right of retention shall apply. The buyer may not pledge or transfer the title of the goods subject to retention of title to a third party. Retention of title also applies to goods that have been processed. 

Place of fulfilment and jurisdiction    
The place of fulfilment for deliveries and payments is Frankfurt am Main. The place of jurisdiction for lawsuits in connection with cash or cheques is Frankfurt am Main. 

Cap’z embroidery


Frankfurt, 01/09/2009