Terms and Condition
Standard Terms and Conditions of Kolk Design & Production GmbH. & CO. KG.
The conditions below apply exclusively to all of Kolk Design & Production present and future business relationships, offers/quotations, deliveries and services. Divergent, contradictory or supplementary conditions do not form part of this contract.
Quotations and quotation documents
- Kolk Design & Production quotations are subject to confirmation. Their content is aimed exclusively at the trade, industry, commerce, craft, service provision and freelance sectors. With the placement of an order, the customer confirms the use and utilization of the goods as part of their business activity. Customer orders are accepted upon shipment of goods or order confirmation on the part of Kolk Design & Production
- Kolk Design & Production reserves proprietary rights and copyrights in respect of illustrations, drawings and other documents. The customer must obtain the express written agreement of Kolk Design & Production before passing on such documents to third parties.
Delivery, Delivery times, transfer of risk
- Delivery according to Incoterms 2012
- Information concerning delivery dates shall be regarded by Kolk Design & Production as non-binding. Transactions for delivery by a fixed date must be agreed separately with Kolk Design & Production in writing. An agreed delivery period starts on the day of order confirmation. In the event of delayed delivery, Kolk Design & Production must be granted a suitable period of grace. The customer shall not be entitled to claim for damages or any consequential damage incurred as a result of non-compliance with delivery deadlines.
- Where an agreed delivery time is not met owing to force majeure, industrial action, fire, illness, mechanical failure, absence of necessary raw/auxiliary materials or similar circumstances beyond the control of Kolk Design & Production the delivery period shall be extended for as long as the relevant circumstances persist. This shall also apply where Kolk Design & Production is already in default of delivery at the time when circumstances of this nature arise.
- Where the circumstances described under paragraph 2 continue to prevent delivery for more than three months, the customer shall be entitled to rescind the contract on account of the delayed delivery.
- Kolk Design & Production shall be entitled to perform deliveries, including partial deliveries, at any time.
- Where the customer defaults on a deadline for acceptance agreed in the order confirmation, Kolk Design & Production shall be entitled to charge the customer in full for the non-accepted goods and, where a subsequent and appropriate period of grace is not observed, store the goods in a warehouse or elsewhere, with the cost and risk thereof borne by the customer.
Price and methods of payment
- All prices are net and exclusive of applicable VAT. Products made from precious metals are subject to current prices and charged separately.
- Where, at the time of service provision, prices have increased owing to changes in market prices or higher charges levied by third parties involved in the provision of the service, the higher price shall apply. If this higher price is 20% or more above the agreed price, the customer shall be entitled to rescind the contract. This right must be asserted without delay when the increased price is communicated.
- Invoicing shall be performed as agreed. Kolk Design & Production shall be entitled to demand prepayment.
Shipping costs, transport insurance, export formalities: Incoterms ex-works
The customer shall bear all costs incurred in connection with shipping, transport insurance and export formalities.
With cancellation of the order of sides of the customer an all-inclusive cancellation- fee of 30% of the purchase price is calculated to the customer. It’s permitted to Kolk Design & Production to proof that a higher damage has originated to her. The customer is permitted to proof that Kolk Design & Production has originated no or a substantially lower damage.
Warranty, requirement to give notice of defects
- Commercial contractors may only assert warranty claims where such parties have complied with their requirement to inspect and give notice of defects in accordance with Section 377 of the Commercial Code. Customers may not assert warranty claims owing to improper usage; proper use is defined in the operating instructions appended to these terms and conditions.
- Where a defect is identified for which Kolk Design & Production is responsible, a replacement delivery may be rendered. The customer shall be obliged to return the defective goods to Kolk Design & Production; if the customer does not comply with this obligation, all warranty claims against Kolk Design & Production shall be forfeited.
Retention of title
- Kolk Design & Production shall retain proprietary rights to the goods supplied until all debts receivable from the customer have been settled in full, even where the actual goods have been paid for.
Liability, limitation of liability
- In Germany, Austria and Switzerland, Kolk Design & Production shall only accept liability for damage claims arising from gross negligence or intent. All other damage claims are excluded to the extent allowed by law.
- Insofar as Kolk Design & Production accepts liability on merit, compensation claims shall be limited to the actual damage caused, taking account of any duty to mitigate loss on the part of the customer. Compensation for indirect damage, consequential damage and loss of profit is excluded.
- All damage claims against Kolk Design & Production become statute-barred within one year, starting with the arising of the claim, or in the case of damage claims relating to defects, upon handover of the item.
- Insofar as liability is excluded on the part of Kolk Design & Production, the same applies as regards the personal liability for damage of the salaried and other employees, representatives and vicarious agents of Kolk Design & Production.
The colours depicted in illustrations may deviate from the original products. The customer shall not be entitled to base any claims on product descriptions or associated illustrations.
Place of performance, choice of law, place of jurisdiction
- The registered office of Kolk Design & Production shall be the place of performance and payment for all rights and obligations arising from the contract concluded between the customer and Kolk Design & Production.
- The court responsible for the place of business of Kolk Design & Production shall be the sole place of jurisdiction in respect of contracts concluded with persons engaged in commercial activities, legal entities under public law or special funds under public law.