Terms & Conditions – Fluorescent Light Covers
The following General Terms and Conditions of Sale and Delivery shall apply to the entire business relationship between Octo Lights and customers. By placing the order the Customer recognizes them as being binding on him. Deviating, contrary or supplementary general terms and conditions shall not become part of the contract, even if they are known, unless applicability of the same is expressly agreed in writing. If terms are agreed in the contract in writing which deviate from these General Terms and Conditions of Sale and Delivery the contractual regulations shall prevail.
Goods are always shipped without insurance and in any case at the cost and risk of the Customer. This shall also apply to deliveries with carriage paid and irrespective of the means of transport used or of who chooses the means of transport. Transport insurance shall only be taken out at the express request of the Customer. Resulting costs shall solely be borne by him. Unless otherwise agreed in writing, the price risk shall pass to the Customer upon dispatch of the goods; in case of default in acceptance by the Customer the price risk shall pass to the Customer upon readiness of the goods of Octo Lights for shipment.Unless otherwise agreed in writing Octo Lights shall choose the place of dispatch and the shipping route and the means of transport at its discretion and shall not assume any liability for cheapest and fastest transportation. Delivery times and unloading periods stated are always non-binding unless otherwise expressly agreed in writing.
If the Customer provides the means of transport, he shall be liable for timely provision. Delays, if any, shall be notified to Octo Lights in time. Resulting costs shall be borne by the Customer.
The Customer shall immediately inspect the goods for defects. Incomplete or incorrect deliveries and apparent defects shall be notified to Octo Lights in writing not later than eight days after receipt of the goods; latent defects and errors shall be notified immediately upon identification of the same. The notice shall clearly state the type and scope of the alleged defect. If defects or errors are not notified on time, the shipment shall be deemed approved and asserting of warranty claims shall be excluded.
In the case of well-founded and timely notices of defects Octo Lights shall improve the goods, grant a price reduction or make a substitute delivery (replacement) or take the goods back against refund of the purchase price in adequate consideration of the Customer’s interests. Octo Lights shall choose the remedy under warranty. If Octo Lights do not comply with the warranty obligation, the Customer shall be entitled to reduce the price reasonably or to rescind the contract.Any other claims vis-à-vis Octo Lights, in particular for direct damages or consequential damages, shall, to the extent permitted by law, explicitly be excluded.
Fulfilment of a well-founded warranty obligation shall not affect any guarantee commitments made vis-à-vis third parties. Accordingly, such fulfilment shall not extend the period, neither with regard to warranty, nor with regard to guarantee.
Delivered goods may only be sent back with Octo Lights’s prior consent. If goods are returned nevertheless, Octo Lights shall be reimbursed any and all costs incurred by them as a consequence thereof. The Customer may not deduce any claims or other legal consequences from acceptance of returned goods. In the event that it is agreed that goods will be taken back Octo Lights reserve the right to charge a handling fee for the costs incurred in connection with the returned shipment and, when crediting the value of the goods, to deduct an amount that corresponds to age and condition of the goods. Octo Lights shall determine the amount of such reduction.
Invoices for deliveries of goods shall be paid in accordance with the relevant agreements made. If no written agreement on the payment period exists between the parties, all payments of invoice amounts shall be due immediately upon receipt of the invoice and shall be made without deductions.At the request of Octo Lights the mode of payment may be changed to collection on delivery. Bills of exchange or cheques shall only be accepted if specifically agreed in writing and only on account of payment. Discount expenses shall be borne by the Customer and shall be due immediately.
In the event of delay of payment default interest of 8% above the base rate shall be agreed. Off-setting on the part of the Customer shall be excluded unless claims are set off against claims that have been recognised by Octo Lights in writing or ascertained in a non-appealable manner.
If the Customer no longer operates a proper business, if enforcement measures are taken against him, if a cheque or a bill is protested, or if payments are slow or discontinued or if the Customer applies for composition proceedings in or out of court or if bankruptcy proceedings are opened over his assets or if a request for such proceedings is dismissed for lack of assets to cover the costs, Octo Lights shall be entitled to call for immediate payment of all claims under the business relationship, even if bills or cheques have been accepted or payment by instalments has been agreed.
The same shall apply in the event of default in payment on the part of the Customer or if other circumstances become known that make the creditworthiness of the Customer appear doubtful. In such case Octo Lights, in addition, shall be entitled to demand advanced payment or security, to realise security provided and to rescind the contract and to claim damages for non-performance.
Assignment to third parties of accounts receivable by the Customer from Octo Lights as well as transfer of rights and duties under the purchase contract concluded shall not be permitted without prior written approval by Octo Lights.
Offers and projects as well as the related drawings, dimension diagrams and descriptions are the intellectual property of Octo Lights and shall not be reproduced or made available to third parties without the consent of Octo Lights.
To the extent that Octo Lights are obliged by law to take back transport packaging and outer packaging the Customer shall bear the costs of transporting the used packaging back.
The Customer expressly agrees that personal data which has been and/or will be made available by the Customer may be collected, processed and used by Octo Lights for marketing purposes or other purposes by means of a customer data base. This consent may be revoked by the Customer at any time with effect for the future.