Legal

© 2020 US International Trade + Marketing GmbH, all rights reserved.


Responsible for the content according to §55 Abs.2 RStV:


Ulrich Scheller c/o

US International Trade + Marketing GmbH

Mattentwiete 5

20457 Hamburg

E-mail: mail@us-international.one


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General Terms & Conditions


Conclusion of contract
Our offers and prices are non-binding and subject to change without notice, unless expressly agreed otherwise. A sales contract is only deemed to have been concluded when the acceptance of an order has been confirmed by us to the buyer in writing, or an invoice has been issued. This written order confirmation can be issued together with the invoice. If the order does not correspond to our offer, the content of our order confirmation is decisive. The customer's general terms and conditions of business and delivery shall not apply if they deviate from these terms and conditions or if they restrict our rights compared to the dispositive statutory law. They shall not apply even if they are not contradicted again upon conclusion of the contract. At the latest with the acceptance of the goods, the buyer accepts our terms of payment without restriction. The exclusive validity of our General Terms and Conditions of Business is hereby also agreed for the conclusion of future business with the customer.


Prices
Our prices are valid according to agreement. If no specific price is agreed upon, the list prices valid on the day the order is placed will be charged. If no special agreement has been made for the statutory value added tax, the agreed price plus the applicable value added tax and the costs of packaging shall apply. If the customer requests shipment or delivery to his place of business, the customer shall also bear the resulting costs, unless otherwise expressly confirmed in writing.
Terms of payment
The conditions printed on the front page apply. The following applies in addition:
Invoices are always to be paid immediately and without deduction. The buyer is in default upon expiry of the period of time listed overleaf. In the event of default of payment, our company is entitled to charge 7.5% interest to entrepreneurs or 4.5% interest to consumers above the respective base rate, but at least 9%, unless we have had to pay higher interest on bank loans.  In such a case, the debtor is free to prove that no damage or only minor damage has been incurred. The possibility of proof is limited to the amount exceeding the statutory default interest.
We expressly reserve the right to reject bills of exchange. The acceptance of a bill of exchange is only on account of performance. Discount and bill charges shall be borne by the customer and are due immediately. Bills of exchange are accepted without guarantee for correct presentation and protest. If bills of exchange and cheques are accepted, payment shall only be made when the equivalent value is credited to our account.


Offsetting
The buyer may only offset our claims against counterclaims that have been legally established or acknowledged by us or are not disputed. The assignment of claims which the buyer has against our company is excluded.


Delivery time and scope of delivery
Delivery times stated by us are approximate and not binding. No claims can be made against our company for the consequences of late delivery.  We are entitled to make partial deliveries if this is reasonable for the customer, taking into account our interests, and is not excluded according to the nature of the order. Deliveries are always made at the risk of the buyer, even in the case of freight-free shipments.


Shipping
The dispatch is at the risk of the customer. The risk is transferred to the buyer when the goods are handed over to the buyer, forwarder, carrier etc., but at the latest when they leave our company. Dispatch, selection of the means of transport and the transport route as well as appropriate packaging will be carried out by us with due care, but liability will only arise in the event of grossly negligent breach of this obligation. All shipping costs shall be borne by the customer. We are entitled, but not obliged, to insure deliveries in the name and for the account of the customer. Unless otherwise expressly agreed in writing, delivery shall be made to the buyer's address resulting from the placing of the order.


Complaints
If the customer is a merchant, he must inspect the goods immediately after delivery within the ordinary course of business and report any defects, incorrect deliveries and incompleteness in writing within two days of receipt of the goods at the latest. Otherwise, the goods shall be deemed approved, unless the defect was not recognisable during the inspection. If such a defect is discovered later, this must be claimed immediately after discovery, at the latest after one week. Otherwise, the goods shall be deemed to have been approved even in view of this defect. Visible differences in quantity are to be reported immediately upon delivery of the goods, in each case in writing to us and the carrier.


Claims for defects

Goods which show a material defect within the period of limitation shall be repaired or replaced (subsequent performance) within a reasonable period of time at our discretion, provided that the cause of the material defect already existed at the time of the transfer of risk.
If subsequent performance fails, the customer may - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration.
There shall be no claims for defects in the event of only insignificant deviation from the agreed quality, only insignificant impairment of usability, natural wear and tear or damage arising after the transfer of risk as a result of improper handling, in particular improper repair work, excessive strain, unsuitable operating materials or due to special external influences which are not provided for under the contract.
The customer bears the full burden of proof for all conditions of entitlement, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notification of defects.
The claims for material defects expire in 24 months for consumers; for entrepreneurs the warranty period is 12 months from delivery of the goods.
Statutory rights of recourse of contractual partners against us exist only insofar as the contractual partner has not made any agreements with his customer that go beyond the statutory claims for defects.


Liability
Claims for damages and reimbursement of expenses by the customer, regardless of the legal basis, in particular due to breach of duties arising from the contractual obligation and from unlawful acts, are excluded. This shall not apply in cases of mandatory liability, e.g. under the Product Liability Act, in cases of intent, gross negligence, injury to life, body or health, or breach of material contractual obligations. The claim for damages due to the violation of essential contractual obligations is, however, limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence or liability for injury to life, body or health. We are always liable only for monetary compensation, not for restitution in kind.


Retention of title
The delivered goods shall remain our property until the buyer has paid all existing liabilities to us. At our request, the buyer is obliged to return the goods immediately to us or to a third party commissioned by us as security. Furthermore, we or a third party commissioned by us are entitled to collect the goods and to enter the business premises of the buyer for this purpose.  After prior written notification, we are entitled within 7 days of the date of this letter to realise the object of purchase and possible other securities at our discretion. The credit note for the proceeds of realisation shall be deemed to be an invoice within the meaning of the Value Added Tax Act. The buyer must inform us of all access of third parties to our property - in particular of enforcement measures and seizures - as well as of all damages occurring to our property. He shall be obliged to reimburse us for all damages and costs - including court and lawyer's fees - incurred by us as a result of a breach of this obligation.

The buyer is entitled to resell and reuse the goods in the ordinary course of business. He hereby assigns to us his claims from the resale. In the event that the amount of the claims assigned in advance exceeds the amount of the secured claims by more than 20%, the secured party undertakes to release any excess of outstanding accounts at the request of the buyer, at the choice of the secured party.


As long as the buyer fulfills his payment obligations to us, he is authorized to collect the claims from the proper resale until revocation by us, which is possible at any time. In the event of cessation of payments, the application for or opening of insolvency proceedings, judicial or extrajudicial composition proceedings, a cheque or bill protest or a seizure, the right of the purchaser to resell the goods and to collect the outstanding debts shall expire. Assigned receivables received thereafter must be accumulated immediately in a special account.

The buyer does not have the right to dispose of his claims from the resale by assignment. Our own collection authority remains unaffected by the buyer's collection authorization. At our request, the buyer shall inform us of the debtors of the assigned claim and notify the debtors of the assignment.


Place of performance, place of jurisdiction, choice of law
The place of performance and jurisdiction for registered traders for all legal disputes is, at our discretion, Hamburg or the place of the customer.
The place of jurisdiction shall also be Hamburg if the customer does not have a general place of jurisdiction in Germany at the time of placing the order or if the customer moves his place of residence or usual place of abode out of the territory of the Federal Republic of Germany after placing the order or if his usual place of abode is not known at the time of filing the action.
German law applies.


Should a clause of these terms and conditions of delivery and payment be invalid, the validity of the remaining provisions shall not be affected. In place of the invalid clause, that which promotes the purpose of the contract in a legally effective manner shall be agreed as the content of the contract.

 

 

Hamburg 01/01/2020


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