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General Terms and Conditions (GTC)

Preamble

helmut busset Training & Consultancy Company,proprietor Helmut Busset, offers equipment for the drivers of dangerous goods, personal protective equipment and other goods for sale per internet. The following general terms and conditions (GTC) apply to mail order trading through channels (mail, fax and internet) with written orders, and per telephone with verbal orders. Our offers are directed exclusively towards commercial buyers. Private customers are not supplied. These GTC also apply to legal persons under public law or separate estate under public law as defined by Art. 310, Para. 1, Sentence 1 BGB (German Civil Code).

1.     General

I. The following general terms and conditions apply to all contracts, deliveries and other performances.

II. helmut busset Training & Consultancy Company hereby expressly contradicts any divergent regulations or purchasing conditions which may apply to the contract partner. All collateral agreements require the written confirmation of helmut busset Training & Consultancy Company. With the confirmation of the GTC in our online shop, you recognize these as legally binding.

III. Commercial buyers are natural or legal persons or partnerships with legal capacity who act while practicing a commercial or independent professional activity. helmut busset Training & Consultancy Company is entitled to amend or supplement these general terms and conditions and any existent appendices at any time. Orders received previously will be processed in accordance with the general terms and conditions valid at the time the order was received.

2.     Offers

I. The presentation of goods in a catalogue or in the internet does not constitute a binding contractual offer from helmut busset Training & Consultancy Company. Our offers are non-binding (principle of invitation to submit an offer). The contract between the client and helmut busset Training & Consultancy Company only comes into effect with the placing of an order by the client and its acceptance by helmut busset Training & Consultancy Company. Confirmation of the receipt of the order does not constitute its acceptance. In the event of acceptance, helmut busset Training & Consultancy Company will send confirmation of the order per e-mail, fax or post. The shipment of the ordered goods to the client is the equivalent of an express declaration of acceptance.

II. The offers are subject to change without notice in regard to technical and other alterations affecting such aspects as the form, colour and/or weight which remain within the bounds of that which can be reasonably accepted by the client. The information, drawings, illustrations, technical data, weights, dimensions and performance information used in the product descriptions are approximations customary within the trade which are not regarded as binding for this reason.

III. Each online catalogue loses its validity with the publication of a new issue.

3.     Delivery and Payment

I. All of our prices are fundamentally subject to VAT at the legally valid rate.

II. The purchase price must be paid without deduction within the listed credit period, notice of which is given to the client with the confirmation of order or invoice; receipt of payment by helmut busset Training & Consultancy Company is the decisive factor here. All payments must be made exclusively into the account listed. With bank transfers, the purpose of use listed by helmut busset Training & Consultancy Company must be entered.

III. The choice of shipping mode and route is completely at the discretion of helmut busset Training & Consultancy Company who also reserve the right to make partial delivery if this appears to be of advantage to expeditious settlement. Any special forms of shipment requested by the customer will be charged at standard local rates. Unless otherwise agreed, delivery will be freight collect ex warehouse in Frankfurt at the expense of the buyer.

4.     Delivery Times

I. Goods in storage (helmut busset Training & Consultancy Company will not be held liable for transport problems) will be shipped within 2 days. If the goods are not in stock at the time of ordering, helmut busset Training & Consultancy Company will make efforts to ensure fastest possible delivery. If non-compliance with a delivery or performance deadline is due to force majeure, labour disputes, unforeseeable obstacles or other circumstances not attributable to helmut busset Training & Consultancy Company, the deadline will be extended accordingly.

II. In the event of non-compliance with the delivery deadline for reasons other than those listed above, the buyer is entitled to set an appropriate new deadline and, once it has expired without success in regard to the contractually agreed delivery or performance, withdraw from the contract. If the delay in delivery is due to the inability of the manufacturer or supplier, both helmut busset Training & Consultancy Company and the buyer are entitled to withdraw from the contract if the agreed delivery date has been exceeded by more than 2 months.

III. Damage claims due to default, inability or non-performance, including any which may have occurred up to the time of withdrawal from the contract, are excluded unless a legal representative of the company helmut busset Training & Consultancy Company has acted in a wilful or grossly negligent manner.

5.     Right of Return

I. helmut busset Training & Consultancy Company guarantees the right of return of unused, sealed goods within 14 days. The deadline for return is assured by shipping the goods in a timely manner (date of invoice). The return shipment will only be accepted if sufficient postage has been paid. Return deliveries shipped freight collect will not be accepted! The right of return does not apply to discounted goods, goods sold within the scope of special sales campaigns, special orders and customized goods manufactured to customers' specifications.

6.     Passing of Risk

Risk is passed to the buyer with the shipment of the goods by helmut busset Training & Consultancy Company.

7.     Warranty

I. helmut busset Training & Consultancy Company guarantees that the goods sold were free of material and manufacturing defects at the time of the passing of risk and that they possess the contractually assured properties.

II. Upon receipt, the customer should examine the goods without delay in regard to defects and assured properties.

III. Obvious defects must be reported in writing to helmut busset Training & Consultancy Company within 30 days of their detection at the latest, otherwise the warranty for these defects will elapse. The warranty period is 24 months from the delivery date. Complaints must show the purchase date and an invoice must be included. The defective article must be sent back with a copy of the invoice or delivery note and sufficient postage. The warranty does not cover normal wear and tear. The warranty will lapse if the customer alters the delivered goods or puts them into commission. helmut busset Training & Consultancy Company has the right to repair the goods free of charge during the warranty period. Partial or complete exchange of the article is permitted. If defects are not corrected within an appropriate period, the buyer has the right of rescission or reduction. Art. 476a BGB shall apply here. The warranty applies to the products and excludes other guarantees of all kinds.

8.     Retention of Title

I. The goods remain the property of helmut busset Training & Consultancy Company until complete payment has been made of all claims arising from the business relationship. In the event that the goods are resold, the buyer herewith transfers his/her claims to helmut busset Training & Consultancy Company. The buyer is obliged to notify the customer of the transfer in writing on demand. It may also be necessary in the course of extended retention of title for the buyer to retain ownership of the goods towards his/her customer on behalf of helmut busset Training & Consultancy Company. If goods placed under retention of title are attached or seized, the buyer must notify helmut busset Training & Consultancy Company in detail without delay, inform the third party about our rights and provide the documentation required by helmut busset Training & Consultancy Company for intervention. The costs incurred by the intervention of helmut busset Training & Consultancy Company will be carried by the buyer.

II. helmut busset Training & Consultancy Company is entitled to take back the goods to be purchased if the client is in breach of contract. Taking back the goods does not constitute withdrawal from the contract unless this has been expressly declared in writing. If the customer is in default of payment, helmut busset Training & Consultancy Company can demand payment of default interest at a rate of 8% p.a. above the basic interest rate (Art. 288, Para. II BGB).

III. The client is obliged to treat the purchased goods with due care until ownership has been transferred to him/her. He/she is obliged in particular to insure the goods at their replacement value against theft, fire and water damage at his/her own expense. If maintenance and inspection work has to be carried out, the client must ensure that this is done in a timely manner at his/her own expense. As long as ownership has not been transferred, the client must notify helmut busset Training & Consultancy Company in writing without delay in the event that the delivered goods are seized or otherwise subjected to the intervention of any third party.

IV. The client is entitled to resell the reserved goods in the course of normal business transactions. The client herewith transfers to helmut busset Training & Consultancy Company the claims of the buyer arising from the resale of the reserved goods up to the amount of the agreed final invoice total (including value added tax). This transfer applies irrespective of whether the purchased goods are resold before or after processing. The client remains authorized to recover the claim even after the transfer. This does not affect helmut busset Training & Consultancy Company's own authority to recover the claim on their own. helmut busset Training & Consultancy Company will not recover the claim, however, as long as the client meets his/her payment obligations from the collected proceeds, is not in default of payment and in particular, as long as no application for the initiation of insolvency proceedings has been made and payments have not been suspended.

V. The processing or transformation of the purchased goods by the client is always done on behalf of helmut busset Training & Consultancy Company. In this case, the expectant right of the client to the purchased goods / transformed article is continued. If the purchased goods are processed along with other items which do not belong to helmut busset Training & Consultancy Company, helmut busset Training & Consultancy Company will acquire co-ownership of the new item at the ratio of the objective value of the purchased goods to the other processed items at the time of processing. The same applies in the event of mixing. If mixing is done in such a manner that the goods provided by the client can be regarded as the main article, it is considered as agreed that the client will transfer co-ownership proportionately to helmut busset Training & Consultancy Company and preserve sole or co-ownership acquired in this way on behalf of helmut busset Training & Consultancy Company.

9.     Data Storage

In accordance with Art. 28 of the Federal Data Protection Act (BDSG), helmut busset Training & Consultancy Company hereby draws attention to the fact that the data required within the scope of business transactions is processed and stored on a computer system in accordance with Art. 33, BDSG. Personal data is treated confidentially. The data is only passed on within the scope of the ordering process to companies involved in the handling, delivery and/or accounting process.

10.   Evidence and Force Majeure

I. Data stored at helmut busset Training & Consultancy Company in electronic form is regarded as permissible evidence of contractual agreements, data transfers and completed payment transactions.

II. If helmut busset Training & Consultancy Company cannot effect the performance owed due to force majeure (such as war or a natural disaster), helmut busset Training & Consultancy Company is exempted from the obligation to perform for the duration of the hindrance. If it is not possible for helmut busset Training & Consultancy Company to carry out the order for longer than one month due to force majeure, the client is entitled to withdraw from the contract. The client has no rights other than this.

11.   Final Provision

I. The place of fulfilment is Frankfurt am Main unless agreed otherwise or imperative provisions of law are to the contrary. The place of jurisdiction for all legal disputes is Frankfurt am Main. The law of the Federal Republic of Germany applies exclusively. The scope of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Law) is precluded, including cross-border deliveries.

II. Should one or more of the provisions of these GTC be ineffective, this will not result in the ineffectiveness of the entire contract. The ineffective or incomplete provision will be replaced by a provision which comes closest to fulfilling the purpose of the original one.

III. Copying, reprinting or duplication of these GTC in any form (including extracts) is only permitted with the consent of helmut busset Training & Consultancy Company.

 

Updated: July 15th, 2007  

helmut busset Training & Consultancy Company
Proprietor: Helmut Busset; Schifferstrasse 26, 60594 Frankfurt am Main,
Phone 0 69 / 61 99 26 71, Fax 0 69 / 61 99 26 75

Copyright © 2007 by Helmut Busset, Frankfurt am Main, Germany
All listed prices are subject to value added tax and shipping costs where applicable, provided that no deviations are listed!

If you have any questions concerning our product range, just call our free from charge freecall_logo_72.jpg service hotline 0 800 / 61 99 26 71 or take a look under: www.helmut-busset.com