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General terms and conditions of purchase, payment and delivery of SIAL vending

§ 1 Applicability
These general terms and conditions, in the currently valid version, are applicable to all deliveries and values performed by dve GmbH. Deviant conditions to this regulations are not accepted by dve GmbH. Supplements or amendments to the general terms and conditions or supplements or amendments otherwise applied to the agreement shall only be binding receipt of written confirmation from dve GmbH. If (part of) a provision laid down in these general terms and conditions is not applicable this shall not affect the applicability of the remaining provisions.

§ 2 Conclusion of contract
All offers of dve GmbH, in particular product presentations on website www.sial-vending.com as well as purchasing orders by telephone or ulterior implies a call for issue of an offer (invitatio ad offerendum).

§ 3 Return shipments
Deliveries can be returned within 2 weeks upon receipt at the users risk and expense unless the user states that the complaint is justified. Punctual dispatch to

dve GmbH
-Retourenabteilung-
Augustin-Simnacher-Str. 3
D-86874 Tussenhausen

suffices to comply with the time limit.
1. Immediately after receipt of the goods and/or completion of the works, the buyer is required to inspect these goods or the execution of the activities. If the buyer ascertains the presence of visible mistakes, shortages and/or faults, the defects, imperfections and/or shortcomings in question must be noted on the waybill or the consignment note and brought to the attention of dve GmbH without delay, alternatively the buyer must notify dve GmbH verbally of any defects, imperfections and/or shortcomings within 24 hours of receipt of the goods or completion of the works, and must immediately follow this up by sending to dve GmbH confirmation in writing.
2. All other complaints should be reported to dve GmbH by registered letter within 8 days of receipt of the goods and/or completion of the works.
3. Notwithstanding the provisions set out in clauses 1 and 2 of this article, the provision set out in clause 7 of article 10 will also be taken into account if the other party is a private individual not exercising a profession or pursuing a business.
4. If the above-mentioned complaint has not been reported to dve GmbH within the abovementioned term, the goods shall be deemed to have been received in good order and/or activities to be performed considered to have been executed satisfactorily.
5. Goods that have been ordered will be delivered in the wholesale packaging that is in stock at the dve GmbH´s facility. Slight deviations with regard to the ordered sizes, weights, numbers, colours and the like shall not be valid as a breach on the part of dve GmbH.
6. Complaints do no exempt the other party from his obligation to pay.
7. dve GmbH should be offered the opportunity to investigate the complaint.
8. If in order to investigate a complaint goods need to be returned, the goods in question will only be returned at the risk and expense of dve GmbH if the latter explicitly agreed to cover the risk and expense of the return of the goods in writing in advance.
9. In all cases goods are to be returned in the manner determined by dve GmbH wrapped in the original packaging. The other party must cover the risk and expense of the return of the goods unless dve GmbH states that the complaint is justified.
10. If the nature and/or composition of the goods is altered after delivery, or if the goods have been partly or entirely processed or reworked, damaged or repacked, the right to make a complaint automatically ceases to exist.

§ 4 Delivery
Deliveries are carried out world-wide. We ensure the buyer to deliver all ordered goods which are marketable and available.We commit to deliver all ordered goods within 10 business days, insofar as the ordered goods are on-hand, unless both parties have explicitly agreed otherwise in writing.
Right to partial delivery is reserved which causes no extra expenses for shipping or packing as same as for carrying out second delivery.

§ 5 Default
If we have by any circumstances not the ability to to deliver the ordered goods within the period agreed, the buyer will be notified without delay about the next possible date of delivery. Apart from that, binding delivery dates have to be confirmed in writing.

§ 6 Forwarding charges
Forwarding charges depend on the purchase quantity of the goods and method of payment (direct debit or pay on delivery).

Parcel delivery corresponding to maximum weights and dimensions of the dispatch regulations of DPD Germany, current issue:
1 – 100 € merchandise value = 15,00 € / parcel (max. 31,5 kg) for freight charge and packing + optionally charge for pay-on-delivery.
101 – 4999 € merchandise value = 6,50 € / parcel (max. 31,5 kg) for freight charge and packing + optionally charge for pay-on-delivery.
> 5000 € merchandise value = free of freight charge.

Shipment by truck (on skids)
Irrespective of merchandise value corresponding to dispatch regulations of forwarding company Andreas Schmid, Gersthofen (Germany), current issue.
> 5000 € merchandise value = free of freight charge.

§ 7 Prices
All stated prices plus value-added tax
Orders by pay-on-delivery are due to additional freight charges

§ 8 Payment
The purchasing price is due for payment either with direct debit, by appointment purchase on account, with delivery of the goods by pay on delivery or payment in advance. The amount consists of the following positions: current gross prices (incl. VAT) and freight charges. Packing is included.
dve GmbH only accepts payment direct debit or pay on delivery.

We allow 2 % discount on payment by direct debit and additional 3 % in case of purchase value / net
> 2500 €.

§ 9 Compensation
Offsetting of our claims by the buyer is only permitted if the counterclaim is established legally or is explicitly confirmed by dve GmbH in writing.

§ 10 Retention of title
The goods supplied and the goods to be supplied shall continue to be the property of dve GmbH up until such time when the other party has fulfilled his payment obligations towards the user in relation to these goods. These payment obligations consist of paying the purchase price, increased by claims in respect of work carried out in relation to that delivery, as well as claims in respect of possible damages payable due to the other party not fully meeting his obligations. If dve GmbH claims a retention of title, the relevant agreement entered into shall be deemed to have been dissolved, without prejudice to dve GmbH´s right to claim damages, loss of profit and interest. The buyer is obliged to immediately inform dve GmbH in writing about the fact that third parties are laying claim to matters, which by virtue of this Article are subject to a retention of title.

§ 11 Warranty
The warranty occurs according to legal regulations.
In case of a defect as to quality, dve GmbH is entitled to cure or deliver at a later stage.
If the remediation of this defect fails finally or the goods delivered at later stage are equally defected, the buyer is entitled to demand payment refund against return of the goods or price reduction.
The defects liability period is 1 year.

§ 12 Private policy
Your data and informations are only used for order processing and are liable to the German Data Protection Act.

§ 13 Applicable Law/Competent judge
The law of Germany applies exclusively to the agreement entered into between the SIAL GmbH and the other party. Any disputes arising from this agreement shall also be settled according to German law. Place of jurisdiction is Memmingen. The user can at all times re-open disputes, forthcoming from the agreement, with the authorized German judge. The user also has authorization to re-open a case with the authorized judge in his place of residence, unless the magistrate is authorized.





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