Delivery and Payment Terms

last updated 1 January 2019

1. Prices

The prices valid on the day of delivery are decisive for the execution of orders.

We reserve the right to adjust prices due to changing currency situations.

2. Delivery

Delivery is carried out on account and ex stock Freiburg at the buyer's risk. For orders to foreign countries, the shipping costs are: ex stock Freiburg. We reserve the right to make partial shipments as a delivery option.

 

All confirmed delivery dates are only binding as approximate delivery dates, unless a fixed delivery date has been expressly agreed. The supplier shall not be in default without a special written reminder. Grace periods must comprise at least six weeks.

 

Lack of raw materials, shortage of workers, strikes, breakdowns or defective production in our own or in the suppliers' company, force majeure of any kind, release us from the obligation to deliver. No responsibility is accepted for any damage caused by late delivery.

 

Colour variations caused by the nature of the material and deviations in quantity, thickness and dimensions up to 5% higher and lower do not constitute grounds for complaint.

 

If the buyer is in arrears with their payments, any claim to delivery shall lapse; this shall likewise apply if we receive reliable information about the buyer which places an unreasonable risk upon the execution of the order. The indication "as supplied before" in orders always refers only to the item, never to the price.

3. Retention of title

We shall retain the title to the goods that we deliver until all our claims arising from the business relationship have been settled.

 

The buyer is obliged to store and protect the unpaid goods separately and mark them as third-party property,

 

to notify us immediately of their seizure, enclosing the seizure report, to insure them against fire and theft and to assign claims from the resale to us on request.

4. Terms of payment

We grant a 2% discount for payment within eight days. The invoice is strictly net payable 30 days after date of invoice. For later payments, the usual bank interest and reminder costs will be charged, subject to all rights.

 

After three unsuccessful reminders and informing the customer in the third reminder that, in the event of further default, collection of the claim will be performed by a corresponding factoring institute, we shall initiate this procedure without further notice. Any additional costs incurred as a result of this shall be borne in full by the debtor.

5. Notification of defects

Complaints and objections will only be considered if they are made and received within 10 days after receipt of goods. We are not liable for damage resulting from the use of the goods that we deliver. This includes damage to other objects. We are only liable for defects occurring in our products up to the delivery value.

 

In the event of a justified notice of defect, the supplier will replace the rejected goods after they have been returned carriage paid. The replacement delivery will be made within six weeks following arrival of the returned goods. Section 2 (Delivery) paragraph 3 also applies to the replacement delivery.

 

The buyer is not entitled to demand redhibition or reduction without the supplier's consent. Claims for damages are excluded in every case.

6. Rendering of services

Spare parts will only be supplied if they have an individual goods value of 13 EUR or more. No return or exchange of sold goods is generally made. We must be notified of any goods return in advance, subject to our decision to take them back. Acceptance of the goods does not constitute recognition of an obligation to take back the goods. All returns are at the risk and expense of the buyer.

 

We charge a 5 EUR handling fee for returning selected items, plus 2 EUR for each returned frame. If selection glasses have been supplied with cases, we ask you to return these in perfect condition, otherwise we will have to charge you for them.

 

A credit note can only be issued if you provide us with the relevant invoice number and the glasses are in the perfect original condition.

7. Jurisdiction

The place of performance and jurisdiction for both parties is 79100 Freiburg.

 

Register Court Freiburg HRB No. 1607.

 

Our above-stated Delivery and Payment Terms are authoritative under all circumstances and cannot be changed even by the announcement of the buyer's own terms of purchase if we do not expressly confirm the change in writing. The terms and conditions of sale shall also apply to further transactions without express reference being made to them in individual cases.

 

Managing Director: