General Terms and Conditions of
composite bows CBE GmbH
§1 Scope, General
1. composite bows CBE GmbH's business relations of any kind between composite bows CBE GmbH and the customer shall be governed by the following General Terms and Conditions as amended from time to time.
2. composite bows CBE GmbH expressly reserves the right to amend and supplement the General Terms and Conditions.
3. Any terms and conditions of business of the customer to the contrary shall not apply.
4. the customer recognizes the general trading conditions with placing of order.
5. the language of the contract is German.
§2 Conclusion of contract
1. Our offers are always subject to change and non-binding.
2. The customer's order constitutes a binding offer.
3. composite bows CBE GmbH's acceptance of the order and composite bows CBE GmbH's commencement of performance in accordance with the contract shall constitute the conclusion of the contract.
4. composite bows CBE GmbH may request written confirmations of oral contractual declarations of the customer.
5. if we are unable to accept the purchaser's offer, we shall notify the purchaser accordingly.
6. We reserve the right not to perform the promised service if it turns out after conclusion of the contract that the goods are not available although a corresponding commitment transaction has been concluded. In such a case, the customer will be informed immediately. Any consideration paid will be refunded without delay. Further claims against composite bows CBE GmbH are excluded.
§3 Information obligations of the buyer
1. the buyer has to give truthful information. If his data changes, the buyer is obliged to notify these changes immediately. If this is omitted or if the buyer provides false data from the outset, we are entitled to withdraw from the contract concluded free of charge. Costs incurred by misdirection of the goods due to incomplete or incorrect address information will be charged to the buyer.
§4 Delivery dates/scope of services
1. delivery and service dates are not binding. All delivery obligations are subject to correct and timely delivery by our suppliers.
2. if the parties subsequently agree on additional or other services which affect the agreed deadlines, these deadlines shall be extended by a reasonable period of time.
3. delivery and performance deadlines shall be extended by the period in which the customer is in default of payment.
4. if the customer is in default of payment towards composite bows CBE GmbH, composite bows CBE GmbH shall be entitled to suspend the execution of existing orders in whole or in part or to withdraw from contracts not yet performed without any special notice and without any obligation to compensate any damage.
5. In the event of circumstances beyond the control of composite bows CBE GmbH, in particular in the event of force majeure and labor disputes, the delivery period shall be extended accordingly. If the performance of the delivery becomes impossible, substantially more difficult or more expensive due to the aforementioned circumstances, composite bows CBE GmbH shall be released from its obligation to deliver or perform. If the delivery period is extended or if composite bows CBE GmbH is released from its obligation due to the above-mentioned reasons, the customer may not derive any claims for damages from this. The above provisions shall apply irrespective of whether the impediments occur at composite bows CBE GmbH or at its suppliers.
6. we reserve the right to make product changes, provided that the agreed performance data are achieved.
7. if individual articles of the order are not in stock at short notice, partial deliveries will only be made at the express request of the customer. The subsequent delivery of the articles is subject to shipping costs.
§5 Transfer of risk / shipping
1. Unless otherwise agreed, we shall choose the packaging and shipping method.
2. the shipping and packaging costs are not included in the sales price. Shipping and packaging costs have to be paid by the buyer, unless otherwise agreed.
3. The shipment is at the risk of the customer.
4. The risk of damage or loss of the product shall pass to the purchaser upon handing over the product to the carrier or other persons designated to carry out the shipment. This shall also apply if composite bows CBE GmbH has assumed the transport costs or has disbursed them for the customer.
5. composite bows CBE GmbH shall insure the contractual products at the customer's expense upon the customer's written request.
6. In case of deliveries to third countries, additional customs duties and fees have to be paid by the customer.
§6 Inspection of the goods
1. the goods are to be inspected immediately after receipt by the customer or his representative. Any defects, wrong deliveries or quantity errors must be reported immediately in writing with a precise description of the errors. The customer must have transport or packaging damage confirmed in writing by the transport company upon acceptance of the goods and report this.
2. If the customer fails to do so, the goods shall be deemed to have been accepted in view of the defect.
§7 Removal of defects / Warranty
1. Claims for defects of the customer do not exist if the goods are changed by the customer or third parties, improperly handled, maintained, repaired, used or exposed to inappropriate environmental conditions.
2. Wear and tear based on use is excluded from the warranty.
3. If the customer accepts the goods despite knowledge of the defect, he shall only be entitled to warranty claims to the extent described below if he expressly reserves the right to do so in writing immediately after receipt of the goods.
4. In the event of a defect as to quality, composite bows CBE GmbH shall, at its option, first remedy the defect free of charge or make a replacement delivery. Even in the event of a replacement delivery, the customer shall be obliged to return the defective item.
5. If the defect cannot be remedied within a reasonable period of time or if the repair or replacement delivery is deemed to have failed for other reasons, the customer shall be entitled to reduce the purchase price or to rescind the purchase contract at his discretion.
6. If the examination of the notice of defect shows that there is no material defect, the costs of the examination and repair shall be charged at the applicable rates. Furthermore, a processing fee of 20.00 € will be charged.
7. The period of limitation for claims for defects shall be 24 months.
8. Insignificant deviations in color, dimensions and/or other quality and performance characteristics shall not trigger any warranty rights.
9. All information about suitability, processing and application of the contractual products, technical advice and other information is given to the best of our knowledge, but without obligation.