General Terms and Conditions

General conditions of delivery and payment

I. Conclusion of contract

1. Our deliveries shall be exclusively based on the following conditions of delivery and payment, which shall apply to all deliveries unless expressly otherwise agreed upon in writing.
2. All our offers are without engagement.

II. Prices

1. Unless otherwise agreed upon, our prices are stated including the applicable statutory VAT.
2. Additional costs such as packaging, transport and insurance costs are not included in our prices.

Shipping costs: € 3.50 to € 58.00.

III. Terms of payment

1. Our invoices shall be payable as follows:
a) 2 % discount for payment within 8 days, except for trade fair prices and deliveries free domicile;
b) within 14 days after the date of invoice, net.
2. In case of any delay in payment, the customer undertakes to reimburse us for all expenses, default interests and cash expenses, irrespective of the title they result from, which we suffer in connection with the assertion of any justified claims resulting from this contractual relationship, in particular costs incurred by using a licensed collection agency in accordance with such agency´s price list. 

IV. Delivery and term of delivery

1. The risk shall be transferred to the buyer at the time the goods are handed over to the forwarder or carrier, however, at the time the goods leave the plant or warehouse at the latest.
2. The delivery period shall be approx. 5 working days. Delivery dates shall be stated to our best knowledge but shall be non-binding nonetheless. They shall be subject to all suppliers´ ability to deliver.
3. We shall ship the goods by the cheapest method of transport we determine in our discretion, unless the costomer stipulated a certain method of transport.
4. Goods may be returned upon prior agreement only and shall be sent free domicile. For returned goods, we shall charge a handling fee of 10 % of the value of the goods and the customer shall be obliged to compensate us for any shipment costs we paid.
5. We shall be entitled to effect partial deliveries.
6. In case of any delay in performance on our part, the customer shall be entitled to set a reasonable grace period. After such grace period has lapsed without result, the customer shall be entitled to rescind the contract. Any claims for damages shall be excluded to the extnt we did not cause such delay with intent or gross negligence.

V. Retention of title

1. We retain the title to the goods delivered until full payment of all claims resulting from the business relationship, including any incidental claims.
2. The customer shall assign to us as security all claims resulting from the sale of goods subject to retention of title up to an amount corresponding to our share in the sold goods as co-owners.

VI. Liability for defective goods

1. Our liability for defective goods shall be as follows:
a) The delivered item shall be repaired or a new item shall be delivered, in our discretion and free-of-charge, if such item is useless or its usefulness is impaired due to any circumstances if the customer can prove that such circumstances occurred before the transfer of risk. If we fail to repair such item within a reasonable period of time, the customer shall be entitled to reduce the purchase price or to rescind the contract.
b) The customer shall be obliged to notify us of any defect within 8 days, otherwise we shall be exempt from any liability. Such notification period shall commence at the time the customer detected such defect or should have detected the defect in the course of a careful inspection.

c) Illustrations of products, colours and patterns shall be without engagement.

VII.Transferability of rights

The customer shall not be entitled to transfer any of his rights from this contract to any third party without our written consent.

VIII. Final provisions

1. The place of performance and jurisdiction shall be A-4150 Rohrbach.
2. Should any of the provisions of these conditions of delivery and payment be or become null and void, this shall not affect the effectiveness of the remaining provisions hereof.

Our AGB for download:   AGB_chico_05_10_english.pdf [11 KB]

Chico Hängematten GmbH • A-4151 Oepping • Haugsberg 13
Tel. +43(0)7289/8226 • Fax +43(0)7289/8226-30 • office@chico.at • www.chico.at