- All our offers, creations, sales and deliveries are exclusively subject to our terms and conditions of sale unless explicitly agreed otherwise in writing. Any reference to the buyer’s own purchase or other conditions is not accepted except when Sulkys.eu has explicitly accepted these deviating conditions in writing.
- OFFERS AND PRICES
All our offers are without obligation. Sulkys.eu bases its prices on the cost price that applies at the time of the offer. If cost prices have increased, Sulkys.eu will be entitled to pass this increase on and to increase its prices accordingly. However, the buyer is, in that case, entitled to cancel the purchase.
If speciality products are developed and/or purchased, the costs will always be charged in accordance with the offer and they must be paid by the buyer in accordance with the payment agreements. Creations, images, drawings, quotes, etc. issued by Sulkys.eu can never be copied or disclosed to third parties without the consent of Sulkys.eu.
All creations, images, models, etc. made by Sulkys.eu remain the creative property of Sulkys.eu at all times. Speciality products are invoiced accordingly, the costs for drawings and models are calculated in accordance with the agreements made; however, this does not mean the creative ownership is transferred. Copyrights and production rights are reserved to Sulkys.eu at all times.
Sulkys.eu determines the transport method, including any deliveries that are not free domicile. If a buyer refuses to take delivery of any goods sold to him by Sulkys.eu, Sulkys.eu will be entitled to keep any prepayments made to Sulkys.eu by the buyer for such goods to set them off against any amounts owed to Sulkys.eu by the buyer by virtue of the instruction and/or refusal to take delivery. Delivery times can be given by approximation only and Sulkys.eu is not liable for the consequences of delivery times being exceeded, although it will always try to honour delivery times to the greatest possible extent. Delivery will be ex-works (unless agreed otherwise). Delivery to a construction site is possible at extra costs. All initial deliveries are made against payment in advance or cash on delivery.
Sulkys.eu guarantees the delivered goods only if and insofar as any defect is the direct result of material and/or manufacturing errors and has been reported to Sulkys.eu in writing within one month of the invoice date. Under this warranty, Sulkys.eu is only obliged to replace the delivered goods free of charge. Shipment to and from Sulkys.eu is made only if the Sulkys.eu deems the buyer’s complaint justified. If the buyer has not fulfilled his payment obligations towards Sulkys.eu, if he has used the product incompetently or if third parties have caused damage, Sulkys.eu’s warranty obligation lapses. Sulkys.eu can never be held liable for damage which the buyer may suffer as a result of a stoppage of or delay in activities for which the Sulkys.eu product was purchased. Speciality products (i.e. excluding standard stock items of Sulkys.eu) are never accepted back.
Any agreement of purchase and sale is concluded under the suspensive condition that the buyer is deemed sufficiently creditworthy on the basis of information to be gathered by Sulkys.eu. Payment must be made in advance unless agreed otherwise in the offer and laid down in the order confirmation. All delivered goods remain the full property of Sulkys.eu until the buyer has fulfilled all financial obligations. This means the buyer is not entitled to transfer this security or otherwise to third parties. From the due date of any invoice, the buyer owes 1% interest per month which will be due and payable without any notice of default being required. All collection costs, both judicial and extrajudicial, incurred for non-payment will be payable by the buyer.
Goods delivered by Sulkys.eu are at all times transported at the buyer’s risk. In the event of a delay in delivery and/or if the goods are found to be damaged, Sulkys.eu can never be held liable for direct or indirect damage. Particular packaging requirements must be reported to Sulkys.eu by the buyer in writing in advance. When asked, Sulkys.eu will give a quote for the additional measures to be taken.
All disputes between the buyer and Sulkys.eu that ensue from the purchase agreement will – to the extent not stipulated otherwise by the law – be exclusively resolved by the competent court.
- FINAL CLAUSE
In the event that one or more provisions of this agreement are or will be in violation of provisions adopted or to be adopted by any competent governmental authority, the latter provisions are deemed to have replaced the former provisions.