- NEW RELEASES
- LICENSE OUR MUSIC
- NEWS / REVIEWS
(1)Our deliveries, services and offers shall all be subject to these terms of business. They are therefore also valid for all future business relations, including those which have not yet been expressly agreed upon. Upon acceptance of the goods or services at the latest, these Terms shall apply. Affirmation to the contrary by the Purchaser on the basis of its terms of business or purchase are hereby contradicted.
(2)Derogations from these terms of business shall only be effective in written form and with our explicit consent. Our terms will also be valid in case we unconditionally accept orders which are placed contrary to or different from our terms of delivery. Our employees shall not be entitled to conclude verbal subsidiary agreements or to provide verbal assurances which go beyond the contents of written agreements.
(3)Our offers shall be subject to confirmation and non-binding. Orders and declarations of acceptance must be confirmed in writing or by telex in order to be effective. The same is true for additions, amendments, or subsidiary agreements.
§2 Period for Supply and Services
(1)Dates or deadlines for delivery, which may be agreed on a binding or a non-binding basis, must be confirmed in writing by us.
(2) Cases of force majeure which prevent a Contractual Party from fulfilling its contractual obligations in whole or in part shall release both Contractual Parties from the execution of the contract until cessation of the force majeure. The Contractual Party which is affected by the force majeure shall inform the other Contractual Party to this effect as soon as possible. Should we, our suppliers, or the manufacturer not receive supplies on time, should transport be impossible to obtain, or should strikes or lock-outs occur, this shall be treated as a case of force majeure.
(3)Delivery will be made unless our suppliers deliver and is non-binding concerning the date of delivery.
(4)We shall be entitled to partial deliveries.
(5)We will keep to our terms of delivery in case the Purchaser adheres to his obligations duly and punctually.
§3 Passing of the Risk, Transport
(1)The risk shall pass to the Purchaser as soon as the delivery has been entrusted to the company responsible for transport, or has left our store for delivery purposes. Should delivery become impossible without any fault on our part, the risk shall pass to the Purchaser upon notification readiness to send being given.
(2)Transport costs shall be covered by the Purchaser.
(1)Should we expressly make a binding offer, we shall be bound by these prices for 30 days after the date of offer.
(2)The prices listed in our confirmation of order, plus the legaly aplicable value-added tax, shall be decisive. Further supplies and services shall be invoiced separately. Unless agreement to the contrary has been made in writing, all prices and delivery shall be ex-works (EXW).
(3)Discounts can only be deducted with special written agreement.
(1)We shall invoice the goods on the date when they are ready to be sent.
(2)If not stated otherwise, payment has to be made within 30 days net after date of invoice. Should the Purchaser fail to pay in time, we will demand interest of 4 % above the current bank-rate by the Federal Bank. If we are in a position to prove considerable damage caused by the default, we will be entitled to make claims. However, the Purchaser is entitled to prove that no damage or less damages was caused by the delay in payment.
(3)We shall accept promissory notes only with prior written agreement. Promissory notes and cheques shall only be accepted on account of performance.
(4)A payment shall not be regarded as having been effected until we have the amount at our disposal. For payments by cheque, the date on which the cheque is cashed shall be decisive.
(5)Should the Purchaser not fulfil its financial obligations, in particular if it dishonours a cheque or promissory note or interrupts payments, or should we be aware of other circumstances which cast doubts in the credit worthiness of the Purchaser, we shall be entitled to fix a due date for the entire residual debt, even if we have accepted cheques or promissory notes. In this case we shall also be entitled to demand advance payments or provisions of security.
(6)Should the Purchaser be in default of payment and should notice have been given twice to no avail, we shall have the right to realize the goods.
(7)In the event of complaints or cross-claims, the Purchaser shall be entitled to set-offs or retention only if final judgement has been given in respect of the cross-claims or if they are non-controversial.
§6 Guarantee and Liability
(1)We guarantee, that at the time of the risk being passed, our goods shall conform to the accepted standards for technology and shall not have defects which substantially diminish their fitness. The guarantee period shall amount to six months, as the date of delivery.
(2)Claims for damages against us or against persons employed in performing an obligation and/or vicarious agents, as a result of the impossibility of performance, breach of contract, culpa in contrahendo, or tortious acts, shall be excluded in cases of intentional misconduct or gross negligence.This shall also apply to claims for damages as a result of undue delay. We cannot be hold liable for any loss of profit or other financial damage of the Purchaser.
(3)Should the goods be damaged due to our fault, we are entitled either to repair or to replace the goods.
(4)If no other stipulations are made in the following, further claims by the Purchaser are excluded without exception. Therefore we cannot be hold liable for damages of the goods.
(5)Should we, by negligence, not keep to an important obligation stipulated in the contract, our liability for damages will only be the cover of our insurance.
§7 Reservation of Title
(1)We reserve all rights to the title of the goods until full payment has been made. Should the Purchaser fail to keep to its obligations, we are entitled to take the goods back. This will represent no cancellation of the contract. Afterwards we are entitled to resell the goods. The proceeds are to be settled with the liabilities of the Purchaser deducting appropriate costs for the resale.
(2)In the case of seizure or other inventions by a third party the Purchaser has to inform us immediately in writing so that we can bring an action according to § 771 ZPO. Should the third party not be able to pay the costs of an action, the Purchaser is liable.
(3)The Purchaser is entitled to resell the goods properly; however, he has to resign right now all claims to the amount of the total invoice sum (value-added tax included) which he earns from his sale. It is unimportant whether the goods have been re-sold before or after processing. The Purchaser is authorized to collect these claims even after this assignment. This does not touch our right to collect the debts ourselves. However, we undertake not to collect the claim as long as the Purchaser meets his liabilities from these proceeds, as long as he is in no delay of payment and, in particular, as long as no petition for bankruptcy proceedings has been filed. If this is the case we are entitled to demand that the Purchaser names the assignments as well as the debtor, that he gives all information necessary for collection, that he hands out all documents and informs the debtor (third party) of the assignment.
(4)Processing the goods by the Purchaser will always be for us. If the goods are mixed with other goods which do not belong to us, we will become owner to the proportion of the goods' vallue at the time of processing. The same is valid for goods delivered on reservation, as well as for mixed goods or when new goods are created.
(5)Until all debts (including all balances due from current account) which the Purchaser owes us for any legal ground have been discharged, we shall be granted the following collateral, which we shall release upon request at our choice should its lasting value surpass that of the debts by more than 20%.
§8 Further Provisions
(1)The Purchaser shall not be entitled to assign debts arising from this contractual agreement without written permission.
(2)The law of the Federal Republic of Germany shall apply. The application of the Uniform Law on the international Sale of Goods shall be excluded. Place of Settlement for all obligations arising from this agreement and place of jurisdiction is the place of our business. However, we are also entitled to sue the Purchaser in the courts in whose district his head office is situated or the Place of Settlement is located.
(3)The parties to the agreement undertake to replace ineffective provisions with new provisions which most closely approximate the economic purpose of this agreement. The same applies should a loophole in the agreement be discovered.
(4)According to §26 BDSG we inform herewith, that customer data will be stored.
ARTS MUSIC e.K., Reisen 01.01.2006