The following General Terms and Conditions are valid for all business transaction
between S.M.P. Sign Systems GmbH (seller, abbr. S.M.P.) and buyer. These agreement
refer only to export business from Germany to other countries. The General Terms and conditions are acknowledged
by the buyer for all deliveries, future deliveries and services.
Buyer´s conditions, that possibly deviate from these conditions,
are only valid, if S.M.P. has explicitly agreed to it.
The prices of S.M.P. are net prices exclusive VAT or other import
tax and duties. Within the European Union (EU) S.M.P. is only exporting
to customers with a valid VAT-Id. S.M.P. is selling only to companies
(merchants). Private persons will not be supplied by S.M.P. Transport
costs will be charged extra.
Payment is alternatively agreed as follows:
- prepay by money transmission from the bank of the seller to the
bank of S.M.P.
- (bankname: Hamburger Sparkasse, BIC: HASPDEHH, IBAN: DE89 2005 0550
1249 1227 20)
- C.O.D., possible only in selected countries, S.M.P. will inform
the seller on request.
- credit card (VISA and Mastercard)
S.M.P. is delivering as soon as possible. A fixed date of delivery
has to be agreed explicitly between seller and buyer.
The goods remain the property of the seller until they have been
paid for fully.
The buyer has to report obvious defects of the goods in writing
immediately, at least within 3 calendar days after delivery. The buyer
may use a letter, an e-mail or a fax for the written down report of
defects. Hidden defects are to be reported immediately, too, latest
within 7 days after discovery.
In other respects legal warranty regulations are valid.
The seller is not liable for damages that have not occurred directly
to the goods (consequential damages). In particular he is not liable
for lost profit ot other property damages of the buyer. This release
from liability is not valid when the damage is due to intention or
gross negligence.
Place of delivery and payment as well as place of jurisdiction
for transactions is Hamburg, Germany. The seller is entitled to file
a complaint at every place of jurisdiction. Applicable law is the
law of the Federal Republic of Germany with the exception of the conflict
of laws provisions. Application of the UN purchase law is out of question.
Should individual items of these terms and conditions be or become
wholly or partly invalid or impracticable then this will not effect
the effectiveness of these terms and conditions in other respects.
The invalid or impracticable item is to be replaced by a suitable
regulation which corresponds as far as possible to the item to be
replaced in sense and purpose within a legally permissive frame. In
case of a loophole the above mentioned regulation is valid accordingly.