Terms & Conditions of FUMA Trade and Service GmbH


Our printed in the following terms apply to all sales transactions on goods that are imported by us from China, not far different individual arrangements have been agreed with the buyer.

§1. Area of Application

1.1 Our terms of sale are valid exclusively; we do not recognise standing in the way or from our terms of sale divergent conditions of the customer, unless, we would have agreed expressly in writing to her validity. Our terms of sale are valid also exclusively if we explain the delivery to the customer in knowledge more standing in the way or from our terms of sale of divergent conditions of the customer without reservation.

1.2 All arrangements which are met between us and the customer for the implementation of this contract are laid down in this contract in writing. Changes and additional arrangements need to her validity of a written confirmation of our management.

1.3 Our terms of sale apply only to companies within the meaning of § 310 para 1 BGB.

§2. Offer

2.1 Our offer is not-binding, unless the offer itself is not expressly otherwise determined.

2.2 The offer can be accepted only by explicit explanation of the customer in writing. From the offer divergent notices of acceptance are not valid as an acceptance. If necessary a new offer is to be requested by the customer.

§3. Sample

3.1 If the presentation and approval of a pattern has been determined for the order, the order is obliging for us only with written approval of the pattern by the customer.

3.2 The customer has to bear the costs of the manufacture of the pattern and to perform in this respect before. The costs for the pattern are also not refunded if the pattern is not approved by the customer. The pattern and the shaped casting acquired on account of the pre-payment and work pieces go over in the property of the customer.

3.3 For the order after pattern are valid general less than 4. called payment terms.

§4. Price - Payment Terms

4.1 Provided that stated in our offer differently, our prices "are not valid delivered customer" (customer DDP, incoterms declares in 2000).

4.2 The legal value added tax is not enclosed in our prices; it is shown by legal height on the day of the invoice in the invoice separately.

4.3 The deduction of cash discount needs more specially written arrangement.

4.4 At the rate of 50% of the purchase price the customer has to perform prepayment. The order can be exported only after payment entrance. If the duration of our offer is limited, the payment within the offer duration must come.

4.5 Provided that stated in our offer differently, the final payment on the purchase price is not due for payment net (without deduction) within 7 days from invoice date. The legal rules are valid it to the default.

4.6 Compensation rights are entitled to the customer only if his counterclaims are ascertained legally, are recognised indisputable or from us. The customer is only authorised to the exercise of a right of retention if his counterclaim is based on the same contractual relationship.

§5. Delivery Time

5.1 The beginning of the delivery time stated by us assumes the clarification of all technical questions, in particular the licence of any samples. If a delivery time is not expressly determined, the delivery time amounts 8 weeks from acceptance of the offer or release of the samples.

5.2 The observance of our liability of delivery further assumes the timely and proper fulfilment of the liability of the customer. The objection of the not full contract is left.

5.3 If the customer comes to acceptance default or injures he culpably other cooperation duties, we are entitled, which to require originating damage, including any additional expenditures to us in this respect substituted. Further claims are left.

5.4 Provided that the conditions of paragraph (3) are given, the danger of an accidental setting or an accidental deterioration of the purchase case goes over at the time on the customer in whom this has got in acceptance or debtor default.

5.5 The acceptance is late to delivered product without prompt rebuke is valid as a consent with the later delivery date. Claims from the late delivery cannot be asserted.

5.6 In case of the delay in delivery we stick after the legal regulations only for damages from a deliberate or roughly negligent breach of contract. Provided that the delay in delivery is not based on a deliberate breach of contract to be represented by us, our liability is limited to the predictable, typically incoming damage.

5.7 In addition, we stick after the legal regulations, as far as the delay in delivery to be represented by us is based on the culpable injury of an essential contractual obligation. In this case the liability is limited to the predictable, typically incoming damage.

5.8 In case of a firm bargain we stick after the legal regulations.

5.9 For the rest, we do not stick in the case of the delay in delivery for any perfect week default within the scope of an inclusively default reparation at the rate of 3% of the value of delivery, at most, nevertheless, more than 15% of the value of delivery.

§6. Long-Term Supply Agreements

6.1 Long-term supply agreements are contracts which intend a purveyance of goods to predestined firm conditions in returning result.

6.2 Payment conditions and conditions of delivery of the long-term supply agreements can be adapted to respective procurement cost, production and transport times to the exclusion of a profit increase. On demand of the customer the changes are to be booked.

6.3 Long-term supply agreements can be terminated with a period of 8 weeks by both sides.

§7. Delivery terms - packing charges

7.1 Provided that stated in our offer differently, the delivery "is not delivered customer" (customer DDP declares, on incoterms in 2000) agrees.

7.2 Transport packets and all other packaging in accordance with the packaging order are not taken back; palettes are excluded. The customer is obliged to provide for a disposal of the packaging at own expenses.

§8. Liability for defects

8.1 Product descriptions on offer, to the sample or other backing-up material are not valid Civil Code than guaranty of quality of the product in terms of §443.

8.2 As far as for the delivered goods no specifically representable quality requirements or high-class tolerance have been agreed to a sample, goods are delivered by middle kind and quality. Up to a committee rate of 6.0% of the delivered goods the delivery of goods is valid as free of shortage.

8.3 As far as, in addition, a shortage of the purchase case is given, the shortage claims of the customer to a relative decrease of the purchase price limit themselves.

8.4 Shortage claims of the customer assume that this has followed his after §377 German Commercial Code to owed investigation and rebuke obligations properly.

8.5 If the delivery on account of the shortage for the customer becomes in total useless, it stays empty to him to reject the delivery and subsequent performance to desire. If the subsequent performance misses, the customer is entitled to withdraw from the contract.

8.6 Our compensation liability for culpable injuries of essential contractual obligations is limited to the predictable, typically incoming damage extent.

8.7 Our liability on compensation in other cases limits itself to intention and culpable negligence. This is also valid for our sales representatives and agents. In case of culpable negligence the liability is limited to the predictable, typically incoming damage extent.

8.8 The liability because of culpable injury of the life, the body or the health remains untouched. This is also valid for the compelling liability according to the product liability law.

8.9Unless specified otherwise above, liability is excluded to the remainder.

8.10 The period of limitation for shortage claims amounts 12 months, calculated from transfer of perils.

8.11 The period of limitation for a recourse of delivery after §§478, 479 Civil Code remains untouched; she amounts five years, calculated from delivery of the defective case.

§9. Joint and Several Liability

9.1 A further liability on damages as under Ziff. 8. intended, is excluded - without taking into consideration the legal nature of the asserted claim-. This is valid in particular for claims for compensation from fault by contract conclusion, because of other breaches of duty or because of offense claims to substitute of damages to property according to §823 Civil Code.

9.2 As far as the damages liability to us is excluded towards or is limited, this is also valid in view of the personal damages liability of our office workers, employees, sales representatives and agent.

§10. Retention of title protection

10.1 We reserve ourselves the property in the purchase case up to the entrance of all payments from the (duration) supply agreement. With behaviour contrary to the contract of the customer, in particular with default, we are entitled to take back the purchase case. In the withdrawal of the purchase case by us lies no resignation of the contract, unless, we would have explained this expressly in writing. In the seizure of the purchase case by us always lies a resignation of the contract. We are authorised after taking back of the purchase case to their realisation, the realisation proceeds are to be credited on the liabilities of the customer - less adequate realisation expenses.

10.2 The customer is obliged to treat the purchase case up to her entire payment devotedly; in particular he is obliged to insure of this at own expenses against fire damages, water damages and theft damages enough to the replacement value.

10.3 With seizures or other interventions of third the customer has to inform us immediately in writing, so that we can lodge complaint according to §771 civil process order. As far as the third is not able to refund for us the judicial and extrajudicial expenses of a charge according to §771 civil process order, the customer sticks for the financial loss resulted to us.

10.4 The customer is entitled to resell the purchase case in the well-arranged routine; nevertheless, he already resigns to us now all demands by height of the invoice final amount (including sales tax) of our demand which arise to him from the wide disposal against his buyers or third, namely no matter whether the purchase case has been resold without or after processing. For the collection of this demand the customer remains authorised also after the assignment. Our competence to draw the demand independently remains untouched from this. Nevertheless, we undertake not to draw the demand, as long as the customer to his bills of debt from the taken in proceeds follows, does not get in default and is put in particular no application for opening a bankruptcy or settlement proceedings or insolvency proceedings or is given bankruptcy. If these conditions are not given any more, we can require that the customer announces to us the resigned demands and their debtors, everybody the move makes to essential informations, the matching bases hands over and the debtors (third) informs of the assignment.

10.5 The processing or reorganisation of the purchase case by the customer is always carried out for us. If the purchase case with others, us does not acquire to belonging objects processed, so we the joint ownership in the new case comparatively of the value of the purchase case (invoice final amount, including sales tax) to the other processed objects at the moment of the processing. For the case originating from processing is valid, for the rest, same like for the purchase case delivered under reservation.

10.6 If the purchase case with others, us does not acquire to belonging objects inseparably mixed, so we the joint ownership in the new case comparatively of the value of the purchase case (invoice final amount, including sales tax) to the other mixed objects at the time of the mixture. If the mixture follows in the manner that the case of the customer is to be looked as a central issue, is valid as agreed that the customer transfers to us according to interest joint ownership. The customer keeps the so resulted property or joint ownership for us.

10.7 We commit ourselves, which to release in this respect us to being entitled securities on demand of the customer when the realizable value of our securities exceeds the demands to be protected about more than 10%; the choice of the securities to be released is incumbent upon us.

§11. Special regulations for means of advertising sales

11.1 We deliver means of advertising exclusively for the commercial demand. The customer confirms the commercial use of the product with the placing of order.

11.2 Were with advertising fixing are excluded from the exchange.

11.3 Our specifications on offer about weight, mass, paint, form and material of the means of advertising are appoximate values. On the basis of product developments and product improvements we reserve ourselves low divergences.

11.4 We take care of clean attaching of the advertising within the scope of the technical possibilities of the manufacturer. Advertising prints (texts and logos) are to be transmitted by the customer as a digital pressure submission electronically to us. With being absent specifications about size, stand and paint we reserve ourselves to carry out the advertising fixing according to the article after suitability.

11.5 The beginning of the delivery time stated by us assumes the clarification of all technical questions, in particular the licence one by us to the customer of transmitted digital predesign. If a delivery time is not expressly determined, the delivery time amounts 4 weeks from release of the digital predesign by the customer.

11.6 Part deliveries are avoided as far as possible, however, they are left to us.

11.7 The piece-exact delivery is the rule, nevertheless, a 6-percent short delivery or more is left to us.

11.8 With first customers the delivery follows exclusively on cash in advance. With subsequent contracts are valid general less than 4. called terms of payment.

11.9 With the placing of order for advertising prints the customer releases us from any claims because of injury of marking or other rights of third which are asserted as a result of the execution of the order if necessary against us. The customer permits the use of any own trade mark rights to us, as far as they are an object of the order-appropriate advertising pressure.

§12. Secrecy

12.1 If expressly in writing something else is not agreed, are not valid to us in connection with orders for presented information as confidential.

12.2 The personal dates necessary for the business settlement are stored considering the German Federal Data Protection Act and the tele-Data Protection Act and are treated confidentially. The buyer is pointed out to the fact that we store in connection with the contractual relationship to ourselves to transmitted dates, process and are of use, as far as this is necessary for the proper order liquidation.

§13. Jurisdiction

13.1 If the customer is a businessman, our business location is agreed as a jurisdiction. We are also entitled to sue the customer in his residence.

13.2 It is worth the right of the Federal Republic of Germany. The validity of the UN option to buy is excluded.