Sale-, delivery- and payment conditions of Worring leather GmbH 45478 Mülheim an der Ruhr
1. Tenders and Contracts:
Our offers are always subject to change. A purchase contract is only signed by our written order
confirmation. General terms and conditions of the buyer are hereby rejected. All documents, such
as Calculations, photographs, samples, and others, being connected with the award of the contract,
we reserve the right of ownership and copyright. This documentation may not be disclosed to third
parties, unless we give the customer our written consent.
2. Prices, Payment and Delivery:
Prices are to be understood in stock of Mulheim at the Ruhr for the buyer's risk and expense.
All invoices are payable after the date of invoice. The cash discount is allowed only by special
agreement. If agreed, all invoices are payable as follows: after date of invoice within 10 days after
date of invoice with 3% cash discount / within 30 days net. On exceeding the default shall occur
without warning. From the date of default, default interest at the rate of 8% are payable above
the base rate of the Deutsche Bundesbank. Exchange and checks are only accepted. Collection and
discount charges must be borne by the purchaser. The purchase price is met if the recourse against
the seller of the submitted change is impossible, and they are fully redeemed.
Our delivery information is at our discretion. If we are prevented from fulfilling our obligations due
to unforeseen circumstances, we could not avoided despite reasonable care, we are exempt from
the obligation to deliver. Under these unforeseen circumstances such as falling loss of goods in
transit deliveries from our suppliers or non-compliance with the contracts of our suppliers. Further
claims are excluded. The risk is given to the buyer by the moment of sending the goods even if it
is only a partial delivery. If delivery of the goods is delayed at the request of the buyer or due to
other circumstances for which the seller is not responsible, the risk shall pass to the notification of
readiness for shipment to the buyer.
Complaints must be reported within 10 days of receipt of goods. An increase or decrease in delivery
of the ordered quantity up to 10% as agreed. The seller does not guarantee that the product is
suitable for the intended use by the customer. Nor will we be liable for hidden, for lying or otherwise,
the nature of the product defects that appear after the incorporation of the goods, or for damages
that result from the use during processing. With justified complaint within the period of the seller
can provide replacement to the exclusion of any other warranty claims of the buyer to make repairs
or, at its option, with several improvements are allowed. If this fails, the buyer may demand a
compensation of the loss in value, unless the seller agrees to take back the goods ready. Complaints
that are not within 10 days - outside the Federal Republic of Germany 20 days - at the destination to
go to the seller after delivery of the goods are delayed and void. Complaints are valid only if made
in writing within the specified time, and the goods are still in their original condition. A complaint
does not relieve the buyer from the payment of the purchase price. Reclamations of goods,
which producing is based of the wishes of one costumer, will only be accepted if the difference is
demonstrably beyond a tolerance of 3% up or down.
4. Retention of title:
Until full payment of the purchase price of all goods deliveries, including all ancillary claims – by
paying by check or change to redemption - the delivered goods remain the property of the seller.
The buyer is hitherto not entitled to pledge the goods to third parties and to its own security. As
far as they are processed or transforms by the buyer, the seller is the manufacturer within the
meaning of § 950 BGB and acquires ownership of the intermediate or final products. The buyer is
then merely the custodian. He is entitled to sell the goods and the manufacturer produced therefore
in proper business. Arising from the resale or for any other legal reason against third parties claims
the purchaser hereby assigns all of its security from the seller, even to the extent that the goods have
been processed. As long as the buyer meets his payment obligations towards the seller, he shall be
entitled to collect these receivables on behalf of the seller. However, the seller is entitled to make
the request to him to name the buyern of the transition message and to give instructions. The buyer
must notify the seller of any access by third parties to the goods delivered under retention of title, or
the assigned claims. The right to property is also valid against the forwarder, the goods will pass to
the request of the buyer or at the request of the seller. The goods under retention of title are to be
handled carefully and insure them against fire and water damage. Resulting in injury cases, insurance
claims take the place of the reserved property and the proceeds of claims assigned in advance. If the
current through the retention of title exceeds the secured claims by 25%, the seller will release the
paid delivery after his election. If after the conclusion of the contract in the financial circumstances of
the buyer deteriorate significantly, or the buyer declares not to be able to timely meet its obligations,
it is up to the seller to demand payment in cash in a from him calculated height, or to do his legal
rights (cancellation, damages, pp) claims. In this case the buyer has to pay to the seller all costs and
damages and lost profits. The buyer is obliged to disclose to the buyer any time at the request under
this agreement statement and to provide information, in particular about the whereabouts of the
goods and the proceeds.
5. Jurisdiction and performance - Law:
Place of performance and jurisdiction is Mulheim at the Ruhr. The jurisdiction agreement shall also
Code of Civil Procedure 3 for the cases of § 38 ZPO. It is only the law of the Federal Republic of
Germany. The transit risk from the buyer of performance, even if the delivery freight paid or free
German station has been agreed. For all other disputes arising from the contractual obligations with
regard to the place of performance, in particular for the delivery and handover of the goods by the
seller as well as the examination of the goods by the buyer in accordance with § 377 HGB and the
performance is the European port of arrival for non-European goods that from this port of arrival
and not at the Ruhr, the buyer obtains delivery. In respect of the goods by the seller in Europeancontinental
suppliers of performance is the agreed place of destination for delivery and acceptance.
6. Licenses and permits:
The contract is concluded subject to final and timely obtaining the necessary export and import
license and / or other official authorizations that are necessary for the completion of this transaction.
Force majeure and other circumstances that are beyond the control of the seller and make the
delivery difficult or impossible remove the vendor performing this contract. Claims for damages are
excluded. In such cases, the seller is entitled to postpone delivery until a reasonable period after
the removal of the impossibility or inability, or to draw freely from its delivery obligations. Denies
the existence of this condition the buyer, he is obliged to provide proof. Moreover, any claim for
damages is excluded for non-performance or delay. If delivery is impossible for reasons stated above,
the two parties is three months after exceeding the original delivery right to withdraw. However, the
buyer is in default of acceptance or if the danger already been transferred to him, the Buyer remains
obligated to return. Then the buyer doesn’t have a right of cancellation.
Merely complementary and only so far as not precluding the foregoing terms and agreements, seller
and buyer agreed the provisions of the contract valid at the international CIF contract for hides and
skins and in addition therefore the International Contract Finished Leather.