General Terms and Conditions for Contracts Involving a Businessperson


I. APPLICATION AREA

1. The following terms and conditions of business are exclusively effective to persons who act on closing the contract in the execution of his or her commercial or self-employed, professional activity (businessperson), to a legal person governed by public law or a special fund governed by public law.
2. The following terms and conditions of business are directed at all contracts, closed between the customer and the AM Design Solutions -Anke Merker Company. They will be also effective to every future business connection, even though the contractual parties will not have agreed them explicitly. Differing terms and conditions of the customer that are not recognized explicitly are not binding for us, even though we do not have contradicted them explicitly. They will not be integral part of the contract through the acceptance of contract, as well.

3. Orders will be effected according to the general terms and conditions in forth at the time of the conclusion of contract. The general terms and conditions are available for customers on our website www.am-design-solutions.de. Furthermore, we send them to the customer along with the acceptance of order.

II. OFFER, CONCLUSION OF CONTRACT, RESIGNATION

1. Our offers are without engagement, unless we have denominated them explicitly binding.

2. The customer gives with sending of the order form a legally binding offer directed at the conclusion of a purchase contract. The contract accomplishes by our confirmation of the customer´s order. We will send the confirmation of order by e-mail. If the customer has not consigned, when placing the order, his or her e-mail address, the contract will be concluded by the consignment of the goods.

3. We reserve variations of descriptions and information on our website, in brochures, offers as well as other written documents, especially with regard to the material composition, colour, weight, dimension and design, without that the customer may derive any rights from this. Information respecting our products is only approximate and purely exploratory. They do not include any guarantee of quality and durability, unless we have granted explicitly such guarantee.
4. We reserve, also after concluding the purchase contract, to make a credit assessment and, if the examination will be negative, to terminate the contract. Furthermore, we reserve the termination of contract if the goods are not available for at least 4 weeks, or data errors are on hand which is why we may not execute the order. If the goods are not available for the aforesaid period of time, we commit to inform immediately the customer as well as repay immediately the purchase price already paid.

III. CONDITIONS OF PAYMENT

1. Purchase prices do not include packing and forwarding charges as well as costs of insurance if the contractual parties have not concluded a differing agreement. The legal VAT is not contained in the purchase price. The price at the day of order is the relevant one.

2. A cash discount deduction is only permitted if we and the customer have agreed this explicitly in written form. Irrespective of a differing agreement, the customer is responsible to pay the net purchase price (without any deduction) in advance.

3. If the customer defaults on the payment, the legal provisions are effective.

4. The customer has the right to set off only with counter-claims that are sentential, undisputed or acknowledged by us, even though the customer demands deficiency claims. The exercise of a right of retention is only reserved to the customer if his or her counter-claim relies on the same purchase contract.

IV. DELIVERY, SHIPMENT, FORWARDING CHARGES AND CUSTOMS DUTY

1. Delivery dates and other time limits are without engagement, unless we have denominated them explicitly binding. The stated delivery time only begins if all commercial and technical matters are settled. The customer has also to perform accordingly and timely every duties that are incumbent upon him or her. That does not apply if we are responsible for the delay.

2. The shipment of ordered goods will be basically effected to the consigned shipping address of the customer on day of the receipt of payment, by 2 working days after. The shipment will ever take place insured by a forwarding company, selected on our part. A pickup by the customer is not possible, in general.

3. Within Germany, we deliver basically within 3 working days for orders of classical posters and within 10 days for orders of pictures on canvas after the receipt of money on our account. In consideration of the delivery into other countries of the European Union and Switzerland, the consignment will last other 2 working days.

4. In case of consignments beyond the European Union and Switzerland, import dues (customs duty) can accrue; these will be paid by the customer.

5. The observance of the delivery time is under the reserve of proper and timely self-delivery, provided that we are not responsible for this delay. We will inform the customer immediately about any delay in delivery.

6. We are permitted to deliver the goods in parts if it is reasonable for the customer. In this case, we will pay extra forwarding charges.

7. The customer may terminate the contract without fixing a period of time if the performance of the contract will be impossible for us or for anyone else before passing the risk. Furthermore, the customer may terminate the contractual relationship if the performance of the contract will be partially impossible to the time of the order and he or she has justifiably no interest in partial performance. Otherwise, the customer must pay the accordant part of the purchase price.

8. If we do not maintain culpably an explicitly agreed delivery time or if we get into delay, the customer must grant us a proper time limit that begins with the written setting in default or, if the time limit is concretely diarised, with the respective date. The customer has the right to terminate the contract, if this period of time passes unsuccessfully.


V. RESERVATION OF TITLE

1. Goods remain our property until payment of the purchase price is made in full.

2. The customer is obligated to deal carefully with the goods under reservation of title. He or she is not permitted to dispose of the goods as well as to mortgage or transfer them by way of security. Furthermore, he or she has to inform us immediately about any access of a third person, especially in case of enforcement or other impairment of our property. The customer is also responsible to compensate every damage and charge caused by the breach of the aforesaid duty as well as the defence against accesses of a third person.

3. In the case of behaviour contrary to contract of the customer, default of payment, we have the right to terminate the contract and to demand back the goods after notice and setting of a proper time limit. If we take back the goods under reservation of title, it represents the termination of the contract. If we distrain the goods under reservation of title, it represents the termination of the contract, as well. We are permitted to realize (to sell) the goods after their withdrawal. The sales revenue will be charged against the customer´s outstanding debts, after realization charges.

AM Design Solutions
Anke Merker
Kirschenweg 53
74211 Leingarten
Germany
Tel: +49 (0) 7131 – 90 06 42
Fax: +49 (0) 7131 – 123 19 82
www.am-design-solutions.de
info@am-design-solutions.de