In the terms and conditions set forth herein, OCTOGONE GMBH is referred to as the supplier and the contracting party is referred to as the buyer. All deliveries and services rendered by the supplier are subject to these terms and conditions and the supplements applicable depending on the product. In the event that orders placed are not expressly confirmed by the supplier, these terms and conditions shall apply. If terms and conditions other than these terms and conditions are to be valid in whole or in part, the Supplier’s written declaration of understanding shall be required in order to obtain the validity of terms and conditions that are different in whole or in part. Any terms and conditions unilaterally agreed to by the Purchaser, in whole or in part, which conflict with these Terms and Conditions shall be invalid unless expressly confirmed in writing by the Supplier. By placing an order, the terms and conditions listed here are accepted without exception.
2. Property rights
The products listed in the supplier’s documents bear product names which are trademarks of the supplier and may not be used otherwise without the supplier’s express written permission. All other names are trademarks or registered trademarks of the respective companies. The copyright for all pictorial representations, as well as contents of advertising materials of the supplier, is with the supplier, and may not be used otherwise, in whole or in part, without its express written permission.
All information published by the supplier is subject to change without notice. Errors excepted. Claims of any kind with reference to the contents of the published information, be it price and/or product information, can in no case be asserted.
4. Price quotations
All price quotations are net prices plus the respectively valid legal value added tax.
5 Deliveries / Partial Deliveries
All deliveries shall be ex works Auggen at the risk of the purchaser. The transport route and carrier shall be determined by the supplier unless otherwise agreed in writing. The supplier reserves the right to make partial deliveries unless otherwise agreed in writing with the purchaser.
6. Delivery times
Delivery times stated by the supplier are planning data from whose non-compliance no claims can be derived, unless binding delivery dates have been confirmed to the buyer in writing. If the supplier is not able to meet a binding delivery date confirmed in writing, the purchaser shall be obliged to grant a reasonable period of grace to be accepted by the supplier in writing. Delays in delivery due to delays in customs clearance, due to misrouting of shipments, by the commissioned forwarding agents / parcel services are not the responsibility of the shipper. Deliveries that arrive late for the above reasons must still be accepted and paid for in full.
Packaging costs are usually included in the listed prices.
8. Refusal of acceptance / right of exchange
The buyer is basically obliged to accept the ordered goods. For standard products, the Supplier shall grant the Buyer a right of exchange if the goods to be exchanged are delivered free domicile, the packaging clearly bears the return number communicated to the Buyer by the Supplier and is in a resalable, flawless condition. In the event that the goods are damaged or soiled, the Supplier shall generally refuse an exchange. In the event that the Supplier agrees to exchange the goods, the Purchaser undertakes to pay an exchange fee of € 25.00 in any case. If the Supplier agrees to repair and exchange goods sent by the Purchaser for exchange which are not in a resalable condition, the Purchaser undertakes to bear the repair costs notified to him by the Supplier. If the Buyer is not willing to bear the notified repair costs, this entitles the Supplier to refuse the exchange, the return of the goods at the expense of the Buyer and to charge a handling fee of € 25.00. In the aforementioned case, the Buyer is obliged to pay the full purchase price of the goods, plus the handling fee plus the applicable statutory VAT. Products that have been specially made for a buyer, this applies in particular to the products OCTO-flex and other products specially made for the buyer, any exchange is excluded, unless a defect is demonstrably due to the fault of the supplier.
9. Product definitions / specifications
The Buyer shall be solely responsible for the unambiguous description of the product required by him. Specifications made by the Purchaser as the basis for the order shall require the express written acceptance as the basis for the order by the Supplier. If, on the basis of the specifications, samples have been made by the Supplier and submitted to the Buyer for inspection, these samples shall be valid as the basis for the order and shall replace any specifications previously announced by the Buyer. If several samples have been submitted to the Buyer, the most recently submitted sample shall be the last valid basis for the execution of the order and shall replace all previous samples and specifications. The supplier reserves the right to deviations from a sample due to production technology.
10. Retention of title