Contractual partner / Company information
Ardap Care GmbH
Franzstrasse 95 – DE-46395 Bocholt / Germany
T +49 (0) 2871 2487-0 / F +49 (0) 2871 2487-66 / E-mail: email@example.com / Internet: www.quiko.de
COmmercial register, Registry court in Coesfeld HRB 7825
VAT ID Registration No DE 813 049 023
Tax reference 307 – 5906 – 0609 / WEEE reg no DE 33591325
Managing director: Erich Peters, Eric Peters
Scope of validity / General
The version of our general terms and conditions of business in force at the point in time at which an order is placed alone shall apply for all business relationships between the company Ardap Care GmbH, hereinafter known as Ardap Care GmbH, and the Buyer. We shall not recognise differing terms and conditions unless we have expressly agreed to them in writing in an individual case. These terms and conditions of business and all the business relationships between us and you shall be governed by the law of the Federal Republic of Germany. The provisions of the UN law on sales [CISG] shall not apply.
Conclusion of contract / Fulfilment
All offers submitted by Ardap Care shall be non-binding, in particular in terms of prices, quantity, delivery period and availability. A contract shall only materialise after it has been confirmed in text form and/or when Ardap Care has carried out the order and shall be determined by the content thereof alone. We shall expressly reserve the right to carry out modifications to the packing units, finishes and prices quoted in the catalogue or price list. Printing errors or manifest errors in price lists, offers or order confirmations shall not entitle the Buyer to any sort of claims.
Delivery / Dispatch
We shall endeavour to deliver consignments as soon as possible. Every contract entered into shall be subject to the availability of the ordered goods. The delivery periods stated shall not be binding. The Buyer shall be entitled to withdraw from the contract, if dispatch has still not commenced within two weeks from the end of the stated delivery period. Order amendments will result in the cancellation of agreed delivery dates and periods, unless agreed otherwise. Delivery periods will be extended as appropriate in instances of force majeure and all other hindrances for which Ardap Care is not responsible and which have a considerable impact upon a delivery, such as strike and lock-out at Ardap Care, its suppliers and its sub-suppliers. In such cases the above-named two-week-period shall commence when the hindrance no longer applies.If nothing has been agreed otherwise, we shall supply ex stores in Bocholt. We shall reserve the right to select the route, whereby in doing so we shall of course chose the lowest cost option. If dispatch regulations stipulate impositions, the Buyer shall bear any additional costs which may be incurred as a result.
Prices / Payment
It shall be the prices actually quoted including the rate of VAT in force at that time which shall count. The purchase price shall be payable by cash in advance. No discounts on invoiced prices will be given for prompt payment.
Reservation of title
All goods delivered shall be subject to reservation of title. The delivered goods shall continue to be the property of Ardap Care GmbH until payment has been made for them in full. Should the Buyer have resold the goods prior to having paid for item in full, his claims against the third party buyer shall be regarded as having been assigned to Ardap Care GmbH. Cheques shall only be regarded as payment when they have been cashed in full.
Manifest defects and incorrect deliveries must be reported immediately following receipt of the goods, and within 8 working days from delivery at the latest. Returns shall be subject to our consent and must be free of charge for us. We can only be held liable for up to the value of the goods. The warranty for concealed defects shall be 12 months. No other claims, in particular, such as for lost profit and claims asserted on the basis of a breach of contract (other than by delay or impossibility) for indirect losses shall be admitted. The transport risk shall be borne by the consignee, to this end we shall assign all our claims against the transport firm concerned over to the party contracting him/consignee. Damage in transit should be reported immediately upon receipt of the goods to the haulier, parcel delivery service, railways or post office responsible and if necessary, recorded in a damage report.
We collect, process and use your personal data in accordance with the German Federal Data Protection Act as well as the German Teleservices Data Act, provided that this is necessary for our business relationship, in particular for handling your order and cultivating the customer relationship. You will have a right at any time to receive information free of charge, and to have the data stored about you corrected, blocked and deleted. We shall reserve the right to review your personal details for the purposes of monitoring your creditworthiness. Otherwise, your data will not be passed over to third parties – apart from obligations to hand over information as provided for by existing laws.
Final provisions / Severability clause
The place of fulfilment and place of jurisdiction for all obligations arising under a contractual relationship shall be Bocholt; German substantive law shall appy. Should one of these regulations be invalid, the validity of the remaining regulations shall not be affected as a result. Instead, the Parties shall endeavour to come up with a regulation which comes closest to the intended regulation. Insofar as written form is specified in individual provisions of these T&Cs, text form in accordance with Section 309 No 13 of the German Civil Code [BGB] is meant