Terms and conditions of company Schmitz and MS Fashion GmbH

I. General
We exclusively deliver on basis following terms of payment and delievery. Business and purchase conditions of the buyer particularly contradict. They only engage us if we expressly and writtenly agree to them.

2. Our offers are without engagement.

II. Terms of prices and payment
The prices are mentioned by us as far as not differently written ex Pulheim. Transportation costs are listed separately after effort. A performance denial right of the buyer is in the commercial traffic with merchants impossible. A compensation by the buyer is permitted, on the whole only his counterdemands his particularly state professedly or finally for undisputed. All our demands get freelance of the term here taken and credited change immediately due, if a date for payment becomes not adhered or the buyer violates other contractual agreements or we gets known circumstances
which is suitable to diminish the credit rating of the buyer. In such a case we are justifiable to execute only the outstanding deliveries against cash in advance or surety and after setting of one measured step down extension of the contract or because of non-payment requiring compensation. In addition we know the further disposal or processing for this one under lien goods delivered the return or the assignment (see number III) forbid, the indirect possession at expense of the buyer require and a collection authorization revocations.

III. Lien
1. All delivered goods remain our property (reserved good) up to the fulfillment of all our demands from the business connection even if payments are done for demands described particularly.

2. The buyer engages himself, the reserved good only in the ordinary commercial traffic to his standard business conditions and sell as long as he isn't in the delay. He is entitled to the further disposal of the reserved good only with the stipulation that following in accordance with the demand from the further disposal no.. 3-5 on us passes over. At other disposals about the reserved good he isn't justifiable.

3. The buyer retires his demands from a further disposal of reserved good already now to us off and but is, whether the reserved good is sold on unite or more buyers. For the case of the processing of the goods by the buyer delivered by us this processing property goes with his beginning on us over.

4. The buyer are justifiable that the processing property in the context of proper sell management and retires already now this one from the sale resulting demands in height of the open purchase asked price to us as of.

5. Of our revocation law we become only into the cases called no. II.3 making use. As far as our demands are due, the buyer is engaged, this one leading retracted amounts away to us immediately.
To the assignment of the demand the buyer is on no account authorized.

6. On our desire the buyer isn't us for his buyer obliged -- provided that to us buyer immediately confessed the assignment for this teach alone-, to admits and send the notification to us.

7. On desire of the buyer we are obliged to open the securities in this respect when the practicable value exceeds our demand around more as 20%. We reserve the choice of the securities to be opened for us. The buyer is obliged to inform us about a distraint or another impairment through third parties.

8. The buyer doesn't observe a date for payment or violates he other contractual the credit rating confessed circumstances which is suitable for agreements or get us we justifiable, the disposal or processing is the buyer diminish, of forbidding reserved good the return or the grant of indirect possession require at expense of the buyer on us, revoke the collection authorization and/or asking payment of the buyer retracted amounts or asking payment of the buyer of the buyer directly if the product is already sold further but not still paid wholely or partially.

9. We are authorized to require objects standing this one in our property handing out circumstances get if known us which the fulfillment of our demand by the buyer having appeared as endangered. The buyer gives his consent for this one hereby to this, that of us persons engaged the collection the area to this end on this can be the objects, enter and drive.

IV. Delivery time, terms of delivery, danger transition
1. The delivery period starts with the day of our order confirmation, however in front of not complete clarification of all explanation details was agreed provided that a such and the receipt of a deposit. It prolongs themself -- regardless of our right from delay of the buyer- by the time period, around that one of the buyers with his obligations from this or what it is to another end in the delay. This is valid analogous if the delivery date is agreed.

2. If we turn out in delay, the buyer must set us an extension of 18 days.
After expiry of this extension he can the product for him withdraw from the degree, if we didn't report as ready for shipment till at this time.

3. Events of superior force entitle us, the delivery around the duration hindrance or because of and postpone one of adequate initial period the still not fulfilled part of the contract step down. Strikes, shutout and other circumstances we see as a high force same
Making the delivery more difficult fundamentally or otherwise making to for us this one by no means also if these circumstances enter with sub-suppliers. The buyer can ask the explanation of us, whether we step down or inside wanting to deliver adequate period. We don't explain to ourselves can the buyer step down.

4. At consignment of the product we know the means of transportation and the dispatch way lowerly selecting exclusion of every liability.

5. At consignment of the product we know the means of transportation and the dispatch way lowerly selecting exclusion of every liability.

V. Ensure and liability
1. The buyer has customer's complaints at this on receipt of the product within 10 days
asserting place of destination with us thoroughly in writing. Reprehend get customer's complaint only taken into account instead of.

2. A return of the queried product is permitted only with our consent. The freight charges are to present from the buyers. In the case of one finds a refund only entitled customer's complaint instead of.

3. We take product appreciated when unsatisfactory by us back and deliver at her side faultless product. Instead of this one we also can replace the inferior value. Instead of this one we also can replace the inferior value.

4. Our liability just from which legal justification limitedly sights on firm intention and rough negligence. This exclusion of liability isn't valid.
This one arises from being missing quality assured one and just for damages
-quality should prevent the damage entre assured the
-if of us main member of the contract or contract essential duties were injured ,
- for claims from the product liability law
- at injury of lives, body and health
VI. Place of performance, place of jurisdiction
Place of performance for both standing steep is Puhleim. Place of jurisdiction - also in the change- and Scheckprozess if our contracting party a merchant is, Pulheim.

VII. End determinations
1. Also exclusively German law abroad holds for deliveries.

2. This one at export of our goods by our buyers in areas outside we don't assume any liability for Federal Republic of Germany if through ours being injured products protection rights of third parties. The buyer is the harm to the substitute this one of us isn't, express caused to this one by the exportation of goods, engaged we deliver to the export.

3. If these determinations should partly be invalid or incomplete, this one shall through this being not touched validity of the other determinations.