Art. 1 General terms
All agreements with GYBE Trading GmbH are subject to the following General Terms and Conditions which are acknowledged by the placing of an order or the acceptance of deliveries. Additional or oral agreements will not be recognised.
Deviations from the General Terms and Conditions must be confirmed in writing by GYBE Trading GmbH to be valid.
By placing an order, the Buyer accepts the Terms of Purchase, the Terms of Delivery and the General Terms and Conditions.
Art. 2 Quotations
Our quotations are valid for 30 days from the date of quotation; however, they do not represent any obligation to accept the order, unless confirmed in writing by both parties. Special arrangements must be made in writing and shall be confirmed by both parties.
Art. 3 Copyright and right of use
The Buyer shall observe copyrights and rights of use of patterns provided to the Buyer.
The Contractor shall assume no liability for the samples and patterns provided to the Buyer.
Art. 4 Delivery periods
Delivery periods shall be agreed upon confirmation of the order. Delivery dates stated previously are non-binding. If the Buyer does not state a binding delivery date, GYBE Trading GmbH shall be allowed to extend the period by three weeks.
Art. 5 Terms of payment
The prices indicated in the current price list shall apply. The invoice amount shall be payable in full upon delivery.
We reserve the right to request a prepayment. A discount may only be deducted, if agreed in writing.
Art. 6 Cancellation
Orders of standard goods and goods in stock may be cancelled within seven days from the placing of the order.
If the goods have already been shipped when the order is cancelled, a cancellation fee of 30% shall be payable.
Special and customized orders shall be excluded thereof and cannot be cancelled.
Art. 7 Retention of title
All goods remain our property until full payment of all amounts due to us. The Buyer may only resell the goods in due consideration of the retention of title.
Attachments or assignments as security are not permitted.
Art. 8 Warranty
Any defects must be claimed in writing; verbal notifications of defects will not be accepted.
Transport damages shall be immediately asserted against the carrier and GYBE Trading GmbH must be notified thereof at the same time.
Evidence in that respect shall be secured. The warranty shall be void if the goods are altered by the Buyer or other purchasers.
Rejected goods shall be returned to us. We will decide on the handling of transport and transport costs.
Liability for damages to goods not delivered shall be excluded, unless we acted with intent or gross negligence.
Multiple rectifications by the Seller shall be expressly permitted.
Art. 9 Place of performance
The place of performance is our headquarters. The laws of the Federal Republic of Germany shall apply.