Business, Delivery, and Payment Terms
XTREM Toys & Sports GmbH
Blocksbergstraße 173
66955 Pirmasens / Germany
Phone: +49 (0) 6331 / 6 08 95 0
Fax: +49 (0) 6331 / 6 08 95 19
info@xtrem-gmbh.com
Management: Marco Wagner, Amina Wagner-Ewig
VAT ID No.: DE 812780512
HRB 23326 Local Court of Zweibrücken
www.xtrem-gmbh.com
§ 1 Scope
1. The following conditions exclusively apply to all deliveries of the seller. These conditions also apply to all future business relationships, even if they are not expressly agreed upon again. Other business, delivery, and payment conditions of the buyer shall not become binding even if the seller does not expressly object to them again.
2. Changes, additions, and deviations from these business, delivery, and payment terms are only effective if confirmed in writing by the seller.
§ 2 Offer and Conclusion
The seller’s offers, including the prices stated therein, are non-binding and without obligation. Contracts and other agreements become binding only upon written confirmation by the seller. Additions, amendments, or collateral agreements also require the seller's written confirmation. If sales employees or commercial agents make verbal collateral agreements or assurances beyond the written purchase contract, these always require written confirmation by the seller. Documents belonging to the offer, such as illustrations, weight, and measurement specifications, are only approximately binding unless otherwise agreed. We reserve the right to make design changes that serve technical progress as well as design and color modifications.
§ 3 Delivery Conditions, Delay, Impossibility of Delivery
1. Unless special agreements are made in writing, delivery or partial delivery shall be freight-free within Germany for orders over € 2,600 net, either to a German railway receiving station or by another means of transport. The seller is entitled to choose the cheapest shipping method. If another shipping method is specified, any additional costs incurred will be charged. Express and urgent shipments are sent at the buyer’s expense.
2. The risk transfers to the buyer as soon as the shipment is handed over to the person carrying out the transport or leaves the seller’s warehouse for dispatch. This also applies to freight-free deliveries. The goods can be insured at the buyer’s request and expense. If the delivery of the goods is delayed at the request of the buyer or due to reasons attributable to the buyer, the goods will be stored at the buyer’s expense and risk. In this case, notification of readiness for dispatch is equivalent to shipment.
3. Delivery dates are binding for the seller only if confirmed in writing.
4. The expiration of specific delivery deadlines and dates does not release the buyer from setting a reasonable grace period for performance and declaring that they will reject the service after the deadline before withdrawing from the contract or demanding compensation for non-fulfillment.
5. Partial deliveries are permissible to a reasonable extent.
6. The delivery deadline is extended—also within a delay—appropriately in the event of force majeure and all unforeseen obstacles arising after contract conclusion that are beyond the seller’s control, provided these obstacles significantly affect the delivery of the sold goods. This also applies if such circumstances occur at the seller's suppliers or their subcontractors. The beginning and end of such obstacles will be communicated to the buyer as soon as possible.
7. Delivery deadlines are extended for the period during which the buyer is in default of their contractual obligations, including those from other contracts in an ongoing business relationship. The seller is not liable for delays or non-performance as long as neither they, their vicarious agents, nor their suppliers are at fault. Otherwise, the seller is liable according to statutory regulations. If damages must be compensated, the buyer’s claim is limited to foreseeable damage at the time of contract conclusion, but not exceeding 10% of the value of the total delivery that was delayed or not delivered. This limitation does not apply if the seller is compulsorily liable for intent or gross negligence.
8. The seller is in no way liable for delays or non-deliveries caused by their suppliers.
§ 4 Creditworthiness
When accepting orders, the seller assumes the buyer’s creditworthiness. If events occur that cast doubt on the buyer’s creditworthiness, or if such circumstances are discovered after contract conclusion, the seller may withdraw from the contract or demand immediate cash payment. Proof of such events is deemed provided through a report from a credit agency or bank, without requiring submission of the report or disclosure of the institution to the buyer. If such circumstances apply to a bill of exchange participant, the seller may demand immediate cash payment upon return of the bill.
§ 5 Invoicing, Prices, Payment, and Default
1. The seller’s deliveries are invoiced with the date of dispatch.
2. Prices are always subject to VAT at the applicable statutory rate.
3. Unless otherwise agreed, invoices are due as follows: a) Payment within 10 days from invoice date with a 2% discount;
b) Payment within 14 days from invoice date net; c) Payments for repairs are due immediately without deduction;
d) Payment must be made in such a way that the seller receives the agreed amount for invoice settlement by the due date.
4. The seller only accepts discountable and properly taxed bills of exchange and checks for payment upon explicit agreement. Credit for bills and checks is subject to receipt and is granted with the value date on which the seller can dispose of the equivalent amount. The seller is not liable for timely presentation, protest, notification, or return of bills in case of non-payment.
5. If fulfillment of the payment claim is jeopardized due to a deterioration in the buyer's financial circumstances occurring after contract conclusion or becoming known later, the seller may demand advance payment and immediate settlement of all outstanding invoices.
6. In case of default, interest on arrears of 5% above the applicable central bank discount rate is payable.
7. No discounts are granted if the buyer is behind on previous payments.
8. The buyer may only offset against recognized or legally established claims.
9. Payments can only be made to employees or freelancers of the seller if they present a valid collection authorization.
