General terms and conditions

General Terms and Conditions of Unisto GmbH

Stand: 13.03.2015 

  1. These general terms and conditions apply for all present and future business relationships, deliveries and services entered into and performed by Unisto GmbH.
  2. Customers referred to in our general terms and conditions are exclusively business customers, i.e. natural or judicial persons, or incorporated partnerships who engage in trading or self-employed professional activities.Therefore, the contract is concluded when placing the order and with no withdrawal period.
  3. Our prices do not include Value Added Tax (VAT), are ex works and include a standard packaging. Value Added Tax in the valid statutory rate is added to the invoice amount.
  4. The ordered goods are shipped at the expense and at the risk of the ordering party. This also applies to carriage free deliveries. Unless no other agreement is made, the ordered goods shall be shipped in the most inexpensive possible way.
  5. The invoice amount shall be due and payable within 30 days from the date of the invoice. With credit card purchases or purchases made on other payment systems your account is debited upon conclusion of the order. The bank collection is done when the merchandise leaves our warehouse. Any other agreements shall only be deemed to be valid if these have been confirmed by us in writing. In the event of failing to comply with the payment deadlines, we shall be authorised to charge interest on arrears corresponding to 9 % above the respectively valid base interest rate (§288 Abs. BGB).
  6. If in the event of an appraisal of the customer’s creditworthiness details are acquired which give the impression that the customer’s solvency is deemed questionable, or if the customer repeatedly fails to comply with the agreed payment deadline, then we shall be entitled to amend the afore-mentioned payment terms agreed upon. Further deliveries can be made dependent upon a down payment or on provision of a security deposit by means of a bank guarantee. We shall be furthermore entitled to cancel the agreement, if applicable. We shall furthermore reserve the right to demand compensation for loss suffered.
  7. Any drafts, drawings, films, printing plates, dies, engraving and tools or any other documents or means required for the production procedure shall in any case remain our property, even if any proportionate costs for any such have been charged to and paid for by the Buyer.
  8. We strive to comply with the delivery schedules specified, provided that the raw and primary material is delivered in due time. If, however, non-compliance with the specified delivery deadline is unavoidable, any such shall neither authorise to cancel the agreement, nor to announce a default, or to undertake covering purchases, to demand damages or to charge penalties. In any cases in which we agree to a customer’s rescission of the agreement, any and all costs accumulated for this agreement up to that specific point of time shall be charged to the Buyer.
  9. If any events occur which prevent us from delivery, such as force majeure, strike, shipping bans, machine shutdowns, intervention by national authorities or any similar circumstances which we cannot justify, then our obligation to deliver the goods shall be suspended for the duration of the impediment.
  10. We shall reserve the right to over-deliveries resp. under-deliveries of up to 10 %.
  11. We are committed to produce the goods ordered in compliance with the jointly developed product specifications to the best of our knowledge. This, however, shall not release the Buyer from his obligation to inspect the material and technology of the article offered with regard to its suitability for its designated purpose of use as intended by the Buyer. Technical modifications and changes in form, colour and/or weight shall remain within the limits of what can be reasonably expected from offers, layouts and illustrations.
  12. Complaints with regard to quantity, quality and price can only be taken into consideration within 14 days after receipt of the shipment. In the event of any goods being delivered by us in a faulty condition for which we are responsible, these shall either be replaced free of charge or the Buyer shall receive a credit note in compensation thereof. We shall not acknowledge any further claims.
  13. Reservation of title: The goods delivered shall remain our property until all principal and incidental claims have been settled (in the event of receipt of drafts or cheques, until the appropriate amounts have been credited to our account). The Buyer shall neither be authorised to assign the goods delivered subject to reservation of title to any third party nor to assign these by way of security until they have been paid in full. The Buyer shall immediately inform us of any third-party access. If the goods are sold prior to payment, the proceeds generated or the claim asserted shall be deemed to be assigned to us.
  14. The copyright terms shall apply to drafts and final drawings etc. It shall be prohibited to disclose any such information to any third party.
  15. We shall be principally authorised to affix our company logo or trade mark in a suitable form to the goods to be delivered without requiring the Buyer’s explicit approval.
  16. We shall not be obliged to verify existing trademark rights and industrial property rights if we have been granted the right to reproduce these – also on drawings and drafts. By placing the order the Buyer shall warrant for the right to reproduce any motifs commissioned by the Buyer.
  17. The Customer agrees that Unisto GmbH uses pictures of his name badges in brochures, flyers, internet or other advertising media as examples of executions of Unisto name badges. If the customer does not agree he should inform Unisto GmbH accordingly.
  18. The right of the Federal Republic of Germany is valid. Place of performance and place of jurisdiction for delivery and payment shall be deemed to be Constance.
  19. Any other terms and conditions shall only be deemed to have been validly agreed upon, if they have been confirmed by us in writing.
  20. We shall be authorised to store the Buyer’s processed data relating to business transactions with the Buyer in compliance with the Federal Data Protection Act [Bundesdatenschutzgesetz] and the Buyer shall agree thereto.
  21. The possible ineffectiveness of individual causes shall not affect the validity of the remaining provisions of the whole contract.
  22. Furthermore, the legal regulations apply.