§ 1 General
The following Terms and Conditions, in their latest updated version, apply to all business transactions between PREISSLER MUSIC and the customer. No other terms and conditions, or any general terms and conditions of business of the customer, shall be applicable, unless otherwise agreed in writing. All quotations – regardless of whether issued by telephone, fax, internet, e-mail or in any other way – shall only become binding upon PREISSLER MUSIC when confirmed in writing or, where appropriate, when the goods have been shipped and/or an invoice has been issued. PREISSLER MUSIC reserves the right not to fulfil the promised order if, after signing of the contract, it is found that the goods or the materials requested by the customer to be used in manufacture of the goods are not available, despite an appropriate covering transaction having been entered into. The customer shall be notified immediately in such a case. Any payment already made by the customer shall immediately refunded. All further claims of the customer against PREISSLER MUSIC shall be excluded. All dimensional specifications provided by the customer for manufacture of the goods shall be considered an integral part of the contract. Claims against PREISSLER MUSIC relating to non-conformance and possible non-usability of finished flight cases resulting from incorrect dimensions received from the customer shall be excluded.
§ 2 Delivery
Delivery shall be made at the customer's risk. As soon as PREISSLER MUSIC has handed over the goods to a transport company, the risk shall be transferred to the customer. This shall also apply to part-deliveries. Delivery shall be made to the address specified by the customer. If the buyer is a consumer under the terms of section 13 of the German Civil Code (Bürgerliches Gesetzbuch; BGB), the risk of accidental destruction and of accidental deterioration of the goods shall be transferred to the buyer only when the goods are delivered to the buyer. This shall also apply in respect of mail-order purchases. If the buyer delays acceptance of the goods, the goods shall be considered to have been delivered. The customer, or its authorized representative, shall examine the goods for damage in transit immediately on receipt. Any damage in transit found shall be notified immediately in writing. The customer must have any packaging damage identified when accepting the goods confirmed in writing by the transport company. Advice of prospective delivery dates shall remain non-binding, unless a specific delivery date is agreed in writing. Claims for compensation against PREISSLER MUSIC relating to non-fulfilment or delay shall be excluded, unless in case of wilful intent or gross negligence.
§ 3 Warranty and Compensation Claims
Defects or damage resulting from culpable or improper handling, from incorrect installation, from the use of unsuitable accessories or from modification of the original components by the customer or by any third party not contracted by PREISSLER MUSIC shall be excluded from warranty cover. Natural wear and tear shall likewise be excluded from warranty cover. If the customer accepts the goods or other contracted services despite being aware of a defect, warranty claims shall be allowable to the extent detailed below only if the customer reserves the right to assert such claims expressly and in writing immediately on receipt of the goods. The customer shall be entitled to assert warranty claims in respect of pre-existing damage in transit only if it has fulfilled its duties of examination and notification as set out in section 2. This shall not apply if the customer is a consumer under the terms of section 13 BGB. The warranty period for new flight cases is 24 months. The warranty period shall begin on transfer of risk. The warranty period for pre-owned flight cases is one year. If the customer is a commercial entity under the terms of section 14 BGB, the warranty period for new flight cases is one year and for pre-owned flight cases six months as from the transfer of risk. In other respects the warranty provisions are in compliance with legal requirements. The right to return a flight case, or to refuse to accept it, because of a change of mind shall be excluded. The provisions of the German Product Liability Act (Produkthaftungsgesetz) remain unaffected. Any liability for compensation payment shall be excluded. If any material contract obligation is negligibly infringed, the liability of PREISSLER MUSIC shall be limited to the foreseeable loss.
§ 4 Terms
PREISSLER flight cases are bespoke items. All prices quoted are for cash payment, including statutory sales tax (VAT) plus any packing and freight costs. The invoiced amount is payable in advance on placement of order. Unless otherwise agreed in writing, PREISSLER MUSIC invoices are payable immediately, without deduction. If the customer delays payment, interest at a rate of five percentage points above the prevailing base rate shall be charged on the full purchase price for the duration of the delay. If PREISSLER MUSIC has demonstrably incurred a greater loss as a result of the delay, PREISSLER MUSIC shall be entitled to assert a claim for reimbursement thereof.
§ 5 Retention of Title
The supplied goods shall remain the property of PREISSLER MUSIC until all outstanding claims against the customer, including any ancillary claims, have been paid in full. In the case of contracts with consumers, pursuant to section 13 BGB, PREISSLER MUSIC reserves the right to retain title until the purchase price has been paid in full. The customer shall not be entitled to sell the goods to third parties, or to take any other action threatening the property of PREISSLER MUSIC, until the purchase price has been paid in full. The customer hereby assigns to PREISSLER MUSIC any future claims against the potential buyer in the amount of the purchase price agreed between PREISSLER MUSIC and the customer, plus interest and any ancillary claims. PREISSLER MUSIC hereby accepts the said assignment.
§ 6 Place of Fulfilment and Jurisdiction
The place of fulfilment for all supplies and services arising from the business relationship with PREISSLER MUSIC is Berlin. The laws of the Federal Republic of Germany exclusively apply. Sole jurisdiction in respect of all claims against PREISSLER MUSIC lies with the courts of Berlin. This also applies to claims of PREISSLER MUSIC against the customer, where the customer is a commercial entity, a legal entity under public law or a special fund governed by public law.
§ 7 Concluding Provision
If any single provision should not be applicable, for whatever reason, the effectiveness of the remaining provisions shall not thereby be affected.
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