General Sales Conditions

 

Our general sales conditions prevail over all other purchase and sale conditions.

 

1. RETENTION OF TITLE CLAUSE:

Transfer of ownership shall be subject to full payment of the price of the goods delivered. However, expressly, risk shall be transferred to purchaser as of delivery, and, consequently, the latter shall take all necessary steps to protect and cover the goods sold. In particular, it shall insure them, at its own expense, in order to be able to render account in respect thereof to the seller, in the event of partial or total loss, for which it is liable.

 

2. TOOLING

The PARCO-PACK GmbH Company or their suppliers are the sole owner of the tooling.

 

3. ORDERS:

Orders placed with members of our staff or agents or representatives even if accepted by them are binding our company only after written confirmation is received from us.

 

4. PRICES:

Prices quoted when noting orders are only approximate. Prices invoiced are those in force on the date of invoice, unless agreed otherwise.

 

5. TRANSPORT:

Our goods are sold, unless stated otherwise, on an ex-factory basis, whether they are invoiced freight prepaid or freight collect and transported at buyer’s risks. Any claim must be made directly by the buyer to the carrier. For deliveries made by ourselves, claims for breakage could eventually be receivable only for damages in excess of 5 %.

 

6. PACKAGING:

Packing material is not returnable unless previously and explicitly agreed upon.

 

7. PAYMENT:

All of our invoices are payable at Konstanz 30 days from date of invoice, net without discount.

Should payment be made earlier than the date payment shown on the invoice, a discount calculated at the legal rate of interest may be applied?

It will be calculated by period of one month, as of the date for payment shown on the invoice. However, we always reserve the right to change the terms of payment, of the price, of an order in the following events:

- If a customer fails to post security requested by us.

- If all prior pending orders are not paid for punctually in full.

- In event of a doubtful credit rating or of payment in arrears.

- Pursuant to Act 2001-420 of May 15, 2001 relative to payment times between business firms if amounts due are paid after the payment date shown on the invoice, when the payment is made after the date specified in the general terms of sale, lateness penalties equal to 150 % of the legal interest rate will be assessed.

 

8. CANCELLATION OF ORDER:

No order will be accepted until after confirmation of our acknowledgement showing the delivery times.

However, we always reserve the right to cancel an order in any event, even it has been confirmed:

- If a customer fails to post security requested by us.

- If all prior or pending orders are not paid for punctually in full.

 

9. OTHER CONDITIONS:

Weight of goods, capacity and dimensions are approximate and not absolutely exact to the exclusion of all specific conditions. We cannot guarantee strict conformity between samples and delivered goods nor conformity with goods shipped previously.

Due to manufacturing conditions, the buyer accepts to receive shipments, which can vary between +/- 15 % and +/- 25 % of the ordered quantities.

Delivery time is approximate and possible delays in shipments can in no case give rights to indemnity.

Delivery of goods manufactured against orders to be supplied “on call” can in no case exceed six months. Beyond this period we reserve the right to invoice good manufactured and not yet “called off”.

Unforeseen events or circumstances beyond our control or total strikes, shortage of raw materials, fire, floods, furnace or machine accidents, etc. free us from all liabilities towards our customers. No claim of whatever nature will be accepted unless submitted by registered letter within 30 days following date of receipt of goods.

In case of error or faulty goods acknowledged as such by us, the same will be replaced within the time required for production free of charge of the buyer. However, the buyer cannot claim indemnity for damages. Such replacements can be made only if the faulty goods are returned to us.

The goods are sold at the buyer’s risk, and thus, in case of faulty merchandise, whatever the nature of the faulty may be, no claim can put us in any other obligation than to replace the goods or reimburse only its invoice value.

These bottles have the same guarantees as aerosols only, in the case of they have been plastic coated in our works.

 

10. COMPETENCY:

All claims fall under the jurisdiction of the Konstanz courts. These conditions cover all sales and contracts. Dealing with us entails acceptance of this clause by our customers.

 

Konstanz, July 2017

 

PARCO-PACK GmbH

Max-Stromeyer-Strasse 116

D-78467 Konstanz / Germany

 

Tel: +49-7531-81'85'300

Office@Parco-Pack.de

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