Responsible for content:
Artemide Deutschland GmbH & Co. KG
Tel.: +49 (0)2373/975 0
Fax: +49 (0)2373/975 209
Directors: Ernesto Gismondi / Steffen Salinger
Tax no. 316/5803/0884
VAT ID no. DE121386827
Commercial register: Hamm Local Court, HRB 4083
Despite checking the contents carefully, we accept no liability for the content of external links.
The operators of linked pages are solely responsible for those pages.
Unless otherwise stated, all contents of the Artemide web pages (photographs, videos, texts, catalogue material, etc.): © Artemide S.p.A
Concept, design, programming and technical implementation:
JANUS DIE WERBEMANUFAKTUR
Scheerer & Rohrmann GmbH
Tel.: +49 621 770 95-0
Fax: +49 621 770 95-55
General Terms and Conditions of Delivery of Artemide Deutschland GmbH & Co. KG
Sect. 1 General – Scope
- Our conditions of sale have sole validity; any conditions of the customer which are contrary to or different from our conditions of sale are not recognised by us unless we have expressly agreed to their validity in writing. Our conditions of sale are also valid if we make the delivery to the customer without reservation in the full awareness of any conditions of the customer which are contrary to or different from our conditions of sale.
- Orders only become binding for us once they have been confirmed by us either through a written confirmation, through the receipt of an invoice or through delivery.
- All agreements reached between us and the customer with a view to executing this contract are set out in writing in this contract.
- Our conditions of sale only apply for companies as defined in Sect. 310 (1), Civil Code, or legal entities under public law.
Sect. 2 Offer and Offer Documents
If a purchase order is to be qualified as an offer according to Sect. 145, Civil Code, we can accept this within 2 weeks.
Sect. 3 Delivery
- Our offers are always non-binding.
- The written declarations on both sides are definitive for the scope of goods and services.
- Partial deliveries are allowed.
- We reserve the right to make technical improvements and to implement other customary deviations in the material and execution in so far as this does not adversely affect functionality.
- Goods may only be returned by prior agreement. They are to be delivered carriage-free. If a credit is granted for returned goods, we will deduce 20% of the net amount. Any refurbishment costs for damaged goods are charged separately. Customised goods may not be returned.
Sect. 4 Prices and Terms of Payment
- Unless otherwise stated in the order confirmation, our prices are ex factory excluding packaging; this will be charged separately. The price lists valid on the day of delivery will apply. For orders worth €500 or more, delivery is free of charge, or carriage-free to the German border for goods dispatched abroad. With orders worth less than €500, a delivery fee of €9.50 is charged.
- Our prices do not include statutory value-added tax; this is shown separately in the invoice at the statutory rate on the date of invoicing.
- Unless otherwise stated in the order confirmation, the purchase price falls due within 14 days from the date of invoice. A 3% discount is granted if payment is made within this period. The provisions of the law apply concerning the consequences of late payment.
- The customer only has a right of offset if his counterclaims have been legally fixed, if they are undisputed or if we have recognised them. In addition, he is entitled to exercise a right of retention in so far as his counterclaim is based on the same contractual relationship.
- In the event of late payment, default interest at 8% above the basic rate of the European Central Bank at the time will fall due. The ordering party reserves the right to prove a lower claim.
Sect. 5 Safeguarding reservation of ownership
- We reserve ownership of the purchased item until we have received all payments from the delivery contract. In the event of a violation of the contract by the customer, and particularly in the event of late payment, we are entitled to take back the purchased item. Taking back the purchased item by does does not constitute withdrawal from the contract. After taking back the purchased item, we are entitled to dispose of it, and the revenues from such disposal will be offset against the customer’s debts, minus reasonable selling costs.
- The customer is obliged to treat the purchased item with care; in particular, he is obliged to insure it sufficiently at replacement value at his own cost against damage from fire, water and theft. If maintenance and inspection work is necessary, the customer must carry this out in good time at his own expense.
- In the event of seizures or other interventions by third parties, the customer must inform us immediately in writing so that we can take legal action according to Sect. 771 CPO. If the third party is not in a position to reimburse to us the court and out-of-court costs of the legal action according to Sect. 771 CPI, the customer is liable for the loss incurred by us.
- The customer is entitled to sell on the purchased item in a normal business transaction; however, he herewith assigns to us all claims in the amount of the final invoice amount (including VAT) of our claim incurred by him from the onward sale against his purchaser or third parties, irrespective of whether the purchased item was sold on without or after further processing. The customer remains entitled to collect this claim even after assignment. This does not affect our entitlement to collect the claim ourselves. However, we undertake not to collect the claim as long as the customer meets his payment obligations arising from the proceeds collected, does not fall behind with payments and in particular no application is made for the opening of settlement or insolvency proceedings or suspension of payment occurs. However, if this does happen, we can demand that the customer informs us the assigned claims and their debtors, provides all information necessary for collection, hands over the associated documents and informs the debtors (third parties) of the assignment.
- The further processing or remodelling of the purchased item by the customer is always undertaken for us. If the purchased item is processed with other objects not belonging to us, we acquire the shared ownership of the new item to the extent of the value of the purchased item (final invoice amount incl. VAT) as a proportion of the other processed objects at the time of the further processing. For the item produced by further processing, the same applies as for the purchased item supplied under reserve.
- If the purchased item is mixed inseparably with other objects not belonging to us, we acquire the shared ownership of the new item to the extent of the value of the purchased item (final invoice amount incl. VAT) as a proportion of the other added objects at the time of the combination. If such mixing is carried out in such a way that the customer’s item is to be regarded as the main item, it is considered to be agreed that the customer transfers shared ownership to us proportionately. The customer safeguards the resultant sole ownership or shared ownership for us.
- The customer also assigns to us the claims to secure our claims against him which arise against a third party through the connection of the purchased item with a piece of land.
- We undertake to release the securities owing to us at the customer’s request in so far as the realisable value of our securities exceed the claims to be secured by more than 10%; we can choose the securities to be released.
Sect. 6 Place of Jurisdiction – Place of Fulfilment
- If the customer is a merchant, our place of business is the place of jurisdiction; however, we are also entitled to take legal action against the customer at his local court.
- The law of the Federal Republic of Germany applies; UN purchase law is not applicable.
- Unless otherwise stated in the order confirmation, our place of business is the place of fulfilment.
- Otherwise, our goods and services are covered by the ZVEI’s General Terms of Delivery for Products and Services in the Electrical Industry in its latest version, which can be sent to the customer on request. The above provisions take precedence.
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Fröndenberg, June 2007