General Terms and Conditions of Business

1. Only the terms and conditions set out below shall apply to all deliveries by Sacher & Co. GmbH, hereinafter referred to as the “Supplier”. Any agreements deviating from these terms must be made in writing. The Purchaser’s purchasing terms and conditions shall not be binding upon the Supplier unless expressly acknowledged by it.

2. All prices shall be exclusive of value added tax. All offers shall be non-binding and subject to change without notice.

3. The Supplier’s invoices shall be payable within:

  • 14 days with a 2% discount
  • 30 days net from the invoice date.

The invoice shall be deemed confirmation of the order.

4. In the case of payments by bill of exchange the Purchaser shall be required to bear all costs associated with the bills of exchange, in particular discount and collection charges. Deduction from a cash account is not permitted in the case of payment by bill of exchange.

5. Delivery shall be at the expense and risk of the recipient from the Supplier’s head office. Insurance cover shall only be taken out at the Purchaser’s request and expense. Postage and packaging shall be charged at cost. – If payment terms are exceeded, we hereby reserve the right to charge interest on arrears.

6. Complaints shall only be accepted within 10 days following delivery. Complaints or incorrect quantity reports by the customer shall only be accepted where

a) a documented incoming goods inspection has been performed,
b) the deadline for submitting complaints has not been exceeded, and
c) where gross negligence and wilful deliberate damage on the part of the customer have been ruled out and the damage has been caused by the contractor.

7. Availability shall be subject to change for all deliveries. Instances of force majeure, in particular operational disruptions, strikes, lock-outs, traffic obstructions and other unforeseen events, shall release the Supplier from its duty to deliver.– Claims for compensation on the grounds of late delivery or lack of availability, regardless of the reasons behind them, are hereby excluded.

8. Goods supplied shall remain property of the Supplier until such time as the purchase price and all other ancillary claims are paid in full (until encashment in the case of payment by cheque or bill of exchange). Until payment is received in full, the goods may only be disposed of during the ordinary course of business: in such cases, the Purchaser hereby assigns any claims arising to it against its customers as a result of the disposal, together with all ancillary rights, to the Supplier to the value of the latter’s claims still outstanding. At the Supplier’s request, the Purchaser shall be obliged to notify its customers of such assignment and to provide the Supplier with the information and documents necessary to assert its rights against the customers. In addition, the goods may not be pledged or assigned to third parties as collateral until they are paid for in full.

9. The place of fulfilment for all obligations arising from the contractual relationship shall be Annaberg-Buchholz. The contractual relationship shall be subject to the law of the Federal Republic of Germany, even where overseas deliveries are involved. The court in Annaberg-Buchholz shall have jurisdiction for all disputes arising, directly or indirectly, from the contractual relationship with the Supplier. Those same courts shall also have jurisdiction for all claims relating to cheques, bills of exchange and direct debits.

10. For orders below EUR 100.00 we charge a minimum quantity surcharge of EUR 5.00.

Version 2013-01-01


All © 2012 Sacher & Co. GmbH