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 b