General Terms and Conditions

    • Terms of Delivery and Payment

    1. Offer and Conclusion of Contract

    These Terms and Conditions of Delivery and Payment apply to all deliveries made by the supplier. Contracts are concluded solely on the basis of these Terms and Conditions. Any deviating or conflicting terms and conditions of the purchaser shall only become part of the contract if and to the extent that they are expressly acknowledged in writing by the supplier.

    All individual agreements must be made in writing.Orders shall only be deemed accepted once they have been confirmed in writing by the supplier. This also applies to offers made via catalog or by a representative.

    2. Scope of Delivery Obligation

    Dimensions, colors, illustrations, drawings and samples are only binding if it is expressly confirmed. Furthermore, deviations within industry standard tolerances are permissible. 

    3. Payments

    Payment must be made irrespective of the duration of the shipment. 

    In the event of delayed payment, interest will be charged at the standard bank rate.

    If the customer defaults on the payment for any invoice, all outstanding and future invoices shall become due immediately.

     If the buyer defaults on any payment or partial payment, all agreed discounts, bonuses, sales and freight allowances and value dates shall be forfeited. This also applies in the event that insolvency proceedings or judicial composition proceedings are initiated against the buyer. In such cases, these benefits shall also lapse for invoices that have not yet become due.

    Representatives of the supplier are not authorised to accept or collect payments. Any returns, discounts or other concessions granted by them shall require written confirmation from the supplier.

    4. Time of Delivery

    The specified delivery times are generally non-binding, unless they have been expressly agreed upon as fixed or binding delivery dates. 
    If an agreed delivery date is exceeded by more than two months, the buyer must grant the supplier a reasonable grace period of at least one month before being entitled to withdraw from the contract. In the event of a delay in delivery for reasons beyond the supplier’s control, particularly in case of force majeure, operational disruptions, strikes, lockouts, delivery issues with upstream suppliers, or official measures of any kind, the purchaser shall not be entitled to withdraw from the contract. In such cases, the delivery period shall be extended by a reasonable amount of time. Partial deliveries are permitted.

    5. Transfer of Risk

    The risk shall pass to the purchaser upon dispatch from the factory, even if delivery free of charge has been agreed. If dispatch is delayed due to reasons attributable to the purchaser, the risk shall pass to the purchaser from the date the goods are ready for shipment.

    6. Warranty

    Defects in the delivery must be reported to the supplier in writing within no later than eight days after receipt. After this period, the goods shall be deemed accepted with respect to quantity, type and quality. Representatives are not authorized to receive notifications of defects. In the event of transport damage, the purchaser is obliged to immediately notify the carrier upon receipt of the goods. For acknowledged defects, the supplier reserves the right to provide rectification or to allow rescission (cancellation)or reduction (price adjustment). If rectification fails, the supplier may at their discretion, grant either rescission or price reduction. Set-off and rights of retention against the supplier’s purchase price claim are excluded, unless the purchaser’s claims are undisputed or have been legally established. Representatives are not authorized to receive notifications of defects. Agreed payments must be made when due, regardless of any complaints.

    7. Retention of Title

    All delivered goods remain the property of the supplier until all claims have been settled, regardless of the legal basis, even if payments have been made for specifically designated claims. Bills of exchange and checks shall only be deemed payment once they have been cashed by the purchaser on the due date. Costs and discount charges shall be borne by the purchaser. The purchaser is entitled to resell the goods in the ordinary course of business. If the purchaser sells the goods delivered by us to third parties, they hereby assign to the supplier all claims arising from such resale, including all ancillary rights, until all claims of the supplier arising from the delivery of goods have been settled in full. If the value of the securities provided to the supplier exceeds the supplier’s total claims by more than 20%, the supplier shall be obliged, upon the purchaser’s request, to release the excess securities. The delivered goods may not be pledged or assigned as security. In the event of seizures or other interventions by third parties, the purchaser must inform the supplier immediately in writing.

    8. Place of Performance and Jurisdiction

    The place of performance for both delivery and payment is Lichtenfels, Germany. The place of jurisdiction shall be Lichtenfels or Coburg, Germany. This also applies to legal actions involving bills of exchange and cheques. Signet GmbH does not participate in dispute resolution proceedings before a consumer arbitration board.

    9. Applicable law

    All legal relationships between the supplier and the purchaser shall be governed exclusively by the laws of the Federal Republic of Germany. The application of the Uniform Law on the International Sale of Goods is excluded.

    10. Severability clause

    Should individual provisions of this contract be invalid or unenforceable, this shall not affect the validity of the remaining provisions of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the economic intent of the parties at the time the original provision was agreed. The same shall apply accordingly in the event that the contract is found to be incomplete.