General terms and conditions CARF-Models Ltd.
§ 1 Contract basis
The acceptance and performance of orders for our products are exclusively subject to these general terms and conditions.
Amending regulations of the customer which we do not explicitly accept in writing, are not binding for us, even if we do not explicitly contradict them.
§ 2 Delivery offer
The particulars about the articles of our delivery program are not binding. We reserve the right of prior sale and technical changes which do not include a loss of value of the offered article.
§ 3 Order
1. Orders must be made by indicating the article number and in accordance with the minimum quantities and packing units, which result from our website: www.carf-models.com
2. The current prices which are available on our website are authoritative. Prices which are set by the customer and which do not match with this, are only valid if we have confirmed them in writing; the delivery is not to be regarded as an acceptance of a set price.
3. If the order of several articles only partially corresponds to the requests above, we are allowed to perform the order respecting only the corresponding part.
§ 4 Delivery
1. Dispatch: deliveries are performed ex factory. We ship the goods on invoice and risk of the customer to his address and insure the shipment on his expense against the usual transportation risks if the customer does not wish anything different. The packaging is only taken back to the extend which is legally mandatory and as far as it is sent back carriage-free.
2. Delivery time and delivery delay: Regulations of the delivery time are only binding, as far as we make or confirm them in writing. A delivery time bindingly agreed on is extended as long as it is delayed because of circumstances which are not our responsibility. If there is no delivery time bindingly agreed on, articles which cannot be delivered at the moment- if nothing else has been agreed on- are mentioned as arrears and delivered either with later orders or separately when there is an opportunity of delivery.
3. Reservation of receipt of goods by our supplier: We do not take any responsibility for delivery on time by our suppliers. If certain articles are not available any more from our suppliers we can back out of the contract without the obligation of compensation for damage or expenditure.
§ 5 Invoicing
The invoicing is performed with the prices valid on the day of payment including the cost of packaging, dispatch and insurance plus possible cost of legal VAT (value added tax). If the quoted prices differ from the definitive prices invoiced according to § 4, the customer can back out of the order by a written statement within one week from receiving our invoicing unless the product has already been delivered. Quantity discounts and differential prices may refer individually to each order.
§ 6 Payment
1. Mode of payment and maturity: the dispatch occurs upon advance payment only, if we did not agree to another mode of payment in writing. If delivery is performed against invoice, the invoice amount is payable within 14 days after date of invoice without any discount at the latest.
§ 7 Claims
1. General: Eventual claims due to defects or deficiencies must be indicated within 8 days after receipt of shipment. Especially discrepancies of the delivery and of the invoice respectively of the packing list as well as defects in packing are to be specified.
2. Returns: Returns shall only be performed upon written agreement and against payment of cost which may occur to us unless the return of goods which had not been ordered or which are defective.
3. Damages in transit: Once damage to the packing or product has been discovered during inspection at delivery, the shipment must be refused. If accepting damaged shipments do so only clearly stating the damage on the delivery documents before accepting the shipment by signature. When after acceptance of a shipment any damage is being revealed upon unpacking, a report is to be established together with the transport company within 3 days from delivery. Condition for the indemnification is the filing of the report together with all declarations required for the enforcement and the original papers (bill of lading, etc).
§ 8 Repairs and guarante
If an article under consumer guarantee is being sold to the consumer later than two years after shipment, we will fulfill the obligation to claim towards the consumer within the legal statue of limitations if this is possible regarding the delivery of spare parts. In this case we are free towards the customer if the claims of the consumer towards the customer are as well being fulfilled.
§ 9 Reservations
1. The goods delivered remain our property until all our receivables from the business contract are completely paid. This also applies when single receivable have been included into a current invoice and have been balanced and accepted. The income of the equivalent is regarded as payment. At its enforcement the retention of title is limited to goods, whereas their invoice value exceeds the amount of receivable deducted eventually assigned receivables.
2. The customer is entitled to resell the reserved goods. The customer already now assigns eventual receivables resulting from the resale to us and we accept that assignment. The customer is entitled until revocation to collect the receivables. He is not entitled to pawning or collateral assignment. He commits himself to secure the reserved goods against risk of destruction or loss.
3. In case of forfeiture of assets or grave delay in payment of the buyer we are entitled to pull out of the contract and to take the reserved goods back respectively to collect the assigned receivables.
§ 10 Liability
1. A liability of CARF Models Ltd. on compensation of damages is limited to damages independent of the legal basis,
(a) which are founded on at least negligent injury of life, body or health by CARF Models Ltd. or by one of his legal representatives or accomplice, or
(b) which are founded at least on grossly negligent injury of other legal assets by CARF Models Ltd. or by one of his legal representatives or accomplices.
2. In case of negligently caused damages which are not mentioned under § 1, the liability of CARF Models Ltd. is limited to predictable damages independent of the legal basis at the moment of the conclusion of the contract.
3. The liability according to the law of product liability remains untouched.
§ 11 Place of jurisdiction
The only place of jurisdiction for disputes resulting from contract relations ruled by those business conditions is the definitive general place of jurisdiction for any actions against us. We are authorized to take legal action against the customer at his general place of jurisdiction.
§ 12 Miscellaneous
1. Agreements of persons acting on our behalf which deviate from these conditions need to be confirmed in writing in their effectiveness.
2. It is not sufficient to communicate the declaration by telephone; it is to be transmitted in writing.
3. The customer must only calculate with counter-claims agreed upon in writing and legally determined.
4. According to these business conditions our headquarters is the place of performance for all performances.
5. Hongkong law is valid.
§ 13 Invalid Clauses
The inoperativeness of one or several provisions of said General Conditions does not affect the validity of the remaining provisions. In such case a provision is applicable which meets best the legal and economic aim of the inoperative provision. This does not apply in case complying with the terms of the Contract would constitute unreasonable hardship for one or both of the Parties.