Terms of Conditions
General Terms and Conditions (GTCs)
1 Validity
1.1
The following delivery and payment terms apply exclusively to all delivery contracts between us and the customer. We do not recognize any conflicting or deviating general terms and conditions of the customer unless we have agreed to them in writing in individual cases.
1.2
No verbal side agreements have been made. Individual agreements deviating from or supplementing our General Terms and Conditions must be recorded in writing.
2 Prices
The prices are based on the prices agreed on the day of the order. These are communicated at www.bombasei.de / in the offer / in the order confirmation. The prices listed are net prices plus statutory VAT. For orders under €200 net, we charge €9.00 postage; for orders over €200 net, we deliver free of charge. Deviations from these regulations must be confirmed in writing.
3 Payment
3.1
Payments must be made exclusively to Bombasei.
3.2
Payments by bill of exchange are not accepted.
3.3
The payment terms printed on the invoice apply.
3.4
The agreed payment period begins upon the invoice being issued. If the invoice is not paid by the due date, we are entitled to charge default interest of 8% p.a. above the ECB base rate. The date of payment shall be deemed the date the amount is credited to our account. The right to assert further claims for damages is not excluded.
3.5
If, after conclusion of the delivery contract, it becomes apparent that the claim for payment is jeopardized by the buyer's lack of ability to pay, in particular a lack of creditworthiness, we are entitled to demand immediate security or cash payment without any deductions for all delivered and unpaid goods, advance payment for all goods yet to be delivered, and to retain the goods yet to be delivered until the relevant claims have been settled. If the buyer fails to comply with our security or payment request within the specified timeframe, we are entitled to withdraw from all delivery contracts with the buyer.
3.6
Maximum order value on invoice is €5,000.
4 Delivery
4.1
Partial deliveries are permitted. We are also entitled to deliver before an agreed date. If, after conclusion of the contract, it becomes apparent that delivery is impossible or cannot be made on time due to force majeure, natural disasters, war, official intervention, industrial action, riots, operational disruptions at the factory or at subcontractors, traffic congestion, operational restrictions, shortages of goods, unforeseeable, missing, or late deliveries by subcontractors, or other similar reasons that impair or block the supply of raw materials, the delivery obligation shall be suspended for the duration of the hindrance and to the extent of its effect. If this is unreasonable for the purchaser, the purchaser shall be entitled to withdraw from the contract after expiry of a reasonable period of time to be set by the purchaser. We are not responsible for non-delivery or delayed delivery for the aforementioned reasons. Any claim for damages or reimbursement of expenses is excluded. In the event of delivery delays for which the purchaser is responsible, agreed delivery periods and delivery dates shall be extended or postponed accordingly.
4.2
For orders of special products where the final output cannot be precisely estimated during production, we may deliver plus or minus 10% of the order quantity, subject to a corresponding calculation. This also applies to individual partial quantities.
4.3
Shipping and transport, even if we bear the shipping costs, are always at the recipient's expense and risk. Risk passes as soon as the goods are handed over to the shipping agent, but no later than when they leave our warehouse. If delivery is delayed for reasons for which the customer is responsible, the transfer of risk occurs upon notification of readiness for shipment. The shipping method and route are determined by us, unless a different agreement has been made with the customer.
5 Notice Periods, Warranty
5.1
Complaints regarding damage or missing items in shipments must be identified immediately upon receipt by the customer with the assistance of a railway, postal, or forwarding agent, and any corresponding claims must be reported to Bombasei.
5.2
The goods must be inspected immediately upon receipt for compliance with the contract. Any visible defects, shortages, and incorrect deliveries must be reported immediately in writing, stating the exact date and number of the relevant delivery note. Hidden defects must be reported immediately upon detection in the manner described above.