General terms and conditions of sale Article 1 General

1.1 These general terms and conditions apply to all offers, quotations, quotations, work in the broadest sense of the word from Barks & Braids, hereinafter referred to as: 'Contractor', as well as to all additional agreements, including those assignments and/or agreements are related to and/or arise from agreements between the contractor and the client.

1.2 In these general terms and conditions, client is defined as any natural person or legal entity that has concluded or wishes to conclude an agreement with the contractor, regardless of the form in which the agreement was entered into and, in addition to these, his legal successors.

1.3 In these general terms and conditions, written means: by letter or electronically. Additional and/or deviating conditions - which also include purchasing conditions - of the client are not part of the agreement between the contractor and the client, are explicitly rejected and therefore do not bind the contractor, unless the contractor fully accepts the client's conditions in writing.

1.4 Deviations from the general terms and conditions are only binding if and insofar as this has been expressly agreed in writing and exclusively for the offers, quotations for work and (additional) agreements to which they apply. Such written agreements then prevail over what is stated in these general terms and conditions with regard to the relevant subject. With regard to the other provisions, but also offers, quotations, activities and (additional) agreements, these general terms and conditions remain in full force without any deviations from the general terms and conditions.

 

General terms and conditions of sale Article 2 Conclusion of the agreement

2.1 All offers and/or written quotations from the contractor are without obligation and can be revoked by the contractor at any time, unless expressly agreed otherwise in writing. Furthermore, offers and/or written quotations are never valid for longer than described in the offer and/or written quotation.

2.2 An assignment is only concluded when the contractor - after acceptance of the quotation by the client - accepts the assignment in writing by means of an order confirmation and the client has transferred the amount to be paid to the contractor. Additional agreements and/or changes made by anyone are only binding if confirmed in writing by the contractor.

2.3 Cancellation of an order by the client is no longer possible after payment of the entire and/or partial amount to be paid. If the client nevertheless cancels an order in whole or in part, this must be done in writing.

2.4 Changes at the request of the client are only permitted 72 hours after the agreed order date. If such changes entail additional costs, these will be borne by the client. The Client must agree to these additional costs in writing.

2.5 Unless expressly agreed otherwise, delivery will take place from the contractor's workplace.

2.6 The risk of the delivered goods is transferred to the client at the time of delivery.

2.7 The delivery period must be stated in writing by the contractor in advance of the client's order. If the contractor does not deliver the ordered products on time, the contractor must give the client written notice of default. The contractor must be granted a reasonable period to still implement the agreement.

 

General terms and conditions of sale Article 3 Payment

3.1 Client must pay the invoice within 7 days after ordering. The sales agreement is valid after payment of the invoice. If the client does not pay the invoice within the valid payment term, the order will be canceled. If the client wishes to continue the order, a new order will have to be placed.

3.2 In the case of a jointly placed order, all clients are jointly and severally liable for payment of the full invoice amount. The contractor reserves the right to claim the invoice amount from one of them.

 

General terms and conditions of sale Article 4 Warranty

4.1 The contractor guarantees the soundness of the delivered product and the quality of the material used and/or supplied for it under normal use during the warranty period and with the exclusion of visible defects.

4.2 Defects caused by failure to comply with the conditions of use, normal wear and tear or repairs by third parties by the client are not covered by the warranty.

4.3 Return of the delivered goods can only take place after prior written permission from the contractor under conditions to be determined by the contractor.

 

General terms and conditions of sale Article 5 Liability

5.1 The Contractor is only liable for compliance with the warranty obligations referred to in Article 4.

5.2 The Client is not liable, except in the event of intent or deliberate recklessness.

5.3 If the contractor is liable, liability is limited to direct damage and up to a maximum of €50.00, unless the insurer pays out more.  A series of related events counts as one event.

5.4 The Contractor is not liable for indirect damage and various other cases listed in this article. Reporting the damage to the contractor is a condition for the right to compensation.

5.5 The Contractor will perform its work to the best of its ability. If damage occurs due to incorrect or complete information from the client, the contractor is not liable. If there is gross negligence or intent, the contractor is liable up to what is laid down in Article 5.

5.6 The Client indemnifies the Contractor against claims from third parties due to damage caused by incorrect or incomplete information from the Client, unless the Client can demonstrate that the damage was not due to its culpable act or omission or was caused by intent or gross negligence on the part of the Contractor and unless any mandatory legislation does not allow this.

 

General terms and conditions of sale Article 6 Retention of title

6.1 The contractor remains the owner of all delivered goods until the product has been shipped to the client.

6.2 The Client may use and/or sell the products in the normal course of business.

 

General sales conditions Article 7 Delivery period

7.1 The production of the ordered products will commence after the client has paid the invoice. After payment, a delivery period of 14 days is observed.

7.2 Unless it has been established that the execution of the agreement is permanently impossible, the client cannot terminate the agreement due to exceeding the deadline, unless the contractor does not execute the agreement or does not fully execute it within a reasonable period after the client has given it a reasonable period in writing to execute the agreement. feed. Dissolution is then possible according to Article 265 of Book 6 of the Civil Code.