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1. GeneralAll Quotations, Sales Orders and Deliveries are based on these terms and conditions. By placing your order with us you are accepting these terms and conditions as listed below.
2. Placing OrdersIf not stated otherwise our Quotations are without obligation until we confirm your order. Where doing business with new, unknown customers we are entitled to cancel orders or deliveries if credit checks are unsatisfactory or in case of a reasonable suspicion. There will be no compensation paid for cancellations of this kind. Costs arising from errors of orders placed by the customer have to be paid by the customer including all costs arising from taxes and duty. Price increases of Raw Material price changes related to authorities official releases such as Import tax change and EC Sugar prices will be charged to the customer if known min. 4 weeks prior to the delivery date.
3. DeliveryWe can not be held responsible for cancellation or shortages on deliveries caused by force majeure, loss of production capacity caused by failed machinery, war or bad weather conditions. We decide upon the reason to either cancel the order or deliver at a later time, also if there is a shortage of raw materials not caused by Weibler but caused by governmental instructions etc. Weibler will not be held liable for costs arising from mentioned incidences. Contract and collection orders placed with Weibler are subject to a purchase commitment within the agreed delivery time. If not purchased within this period we are permitted to name an extension of time after which we are entitled to deliver the goods at our own conditions. We can not be charged a compensation for this.
4. Dispatch and PackagingOur delivery terms are as per Incoterms 2010 EXW Cremlingen or Mariental Germany. The value of the items as per catalogue is exclusive VAT. If not stated otherwise and the Weibler standard packaging is used, packaging is included in the pricing. There will be no credit paid for packaging returned to Weibler.
5. ClaimsClaims may be raised for missing items, differing weight of items or quality issues. Any claim raised regarding the quality should be clearly communicated to Weibler, samples should be kept from the delivery for further notice. Damages need to be signed off on the transport papers of the forwarder while taking in the goods. We can not be held responsible for damages that haven’t been addressed to the forwarder by the customer. Claims have to be addressed with Weibler within 7 days from receipt. After confirming a claim Weibler will either replace the amount of items effected or raise a credit according to the value of the items.
6. Title RetentionThe goods delivered will remain the property of Weibler until the payment has been received including all open depts arising from business with us.
7. Pricing and PaymentThe pricing is exclusive VAT. If not stated otherwise orders placed with Weibler are delivered upon prepayment without any reduction. If payment is not received within the time agreed, Weibler is permitted to charge interest at the local rate and additionally reminder charges. All open orders will go on hold until the dept is paid.
8. Place of delivery and venueThe place of delivery and payment is Cremlingen, the place of venue Wolfenbuettel Germany.
9. Final ClauseWith revision or cancellation of one of the above mentioned elements the remainder remains unchanged. The content of these terms and conditions in its latest valid version is subject to all business with Weibler from now on.
Cremlingen, 1st May 2017
Weibler Confiserie Chocolaterie GmbH & Co. KG
Im Rübenkamp 17