Conditions of Business

General terms and conditions of trade and deliveries

1. Validity of the conditions
The deliveries, services and offers of Deltec GmbH are made exclusively on the basis of these terms and conditions. They also apply to all future business relationships, even if they have not been explicitly agreed. If purchasing conditions of the purchaser deviate from these conditions, then they only apply if they have been explicitly agreed to in writing by us. Deviations from these conditions require written agreement.

2. Contract conclusion
Information and offers in catalogues, brochures, adverts etc are subject to change and are not binding. Delta GmbH adheres to specially developed offers for 30 days. The customer is bound to his order for 6 weeks; in order to become legally valid orders require a written confirmation by Deltec GmbH.   Deltec GmbH retains the property rights and copyrights on specially developed offers, illustrations and other documents, and these documents must not be made available to third parties. Illustrations, images, measurements, weights or other performance data are only binding if explicitly agreed.

3. Prices
The prices of the respectively valid price list are recommended sales prices (except for aquariums and accessories). The corresponding discounts apply to resellers. The prices are stated per unit, in Euros and are subject to change. VAT, at the respective rate, also has to be applied in certain cases. We reserve the right to alter our prices correspondingly, if important alterations are made to wages, materials or other cost factors.

4. Payment terms
As long as no other agreements have been made, invoices are due for payment within 8 days with a 2% discount or 30 days after the date of invoice without discount.  The minimum order value for packaged deliveries is €30. On orders with a value below we charge a processing fee of €10. With first orders and export orders the delivery is only made once the full purchasing price has been paid. The goods remain the property of Deltec GmbH until they have been paid for in full.

5. Delivery and transfer of risk
Deliveries are made ex works, Delmenhorst. The choice of the means and route of transport is up to Deltec GmbH to decide, provided nothing to the contrary has been agreed. Any applicable transport insurance has to be taken out by the purchaser. The delivery is made at the cost and risk of the purchaser. The risk is transferred to the purchaser as soon as the delivery has been handed over to the person performing the transport, or has left the premises of Deltec GmbH for dispatching. If the delivery is delayed at the request of the customer then the risk is transferred to the purchaser once the notification is issued that the goods are ready for transport.

6. Delivery time
The stated delivery times are non-binding. The delivery time starts with the sending of the order confirmation, although not before all essential information is available, if the purchaser has to provide any. The delivery time counts as being met, if the delivery object has left the premises of Deltec or, if the delivery has not yet been completed due to reasons that are not in Deltec´s responsibility,   the readiness for delivery has been announced before the delivery deadline expires. This delivery deadline is extended respectively in cases of force majeure and other hindrances which are not caused by Deltec GmbH, as long as they have an influence on the completion or delivery of the object in question. This also applies if the conditions occur to sub-contractors. A deadline becomes invalid if the delivery delay is due to force majeure or other external influences, which Deltec GmbH, in spite of appropriate care, has no influence over. Deltec GmbH is liable according to the legal regulations, provided the delivery delay is due to a wilful or grossly negligent contract violation by Deltec GmbH. If the delivery delay is not due to a wilful contract violation by Deltec GmbH, then their liability for compensation is limited to the value of the goods.

7. Liability for material defects
Deltec GmbH is only liable for defects, which are caused or occur on the territory of the Federal Republic of Germany. If the item delivered is defect, its guaranteed features are missing or if it becomes defective within the material defects liability period due to production or material defects, then Deltec GmbH will supply a new item or remove the defect. Deltec GmbH is allowed three attempts to remedy the defect.  Obvious defects have to be reported to Deltec GmbH in writing immediately, although at the latest within 48 hours of receipt of the delivery. Hidden defects have to be reported in writing immediately, although at the latest within eight days of their discovery. The defective objects are to be supplied to Deltec GmbH, free of freight costs, in the condition they were in at the time the defect was detected. Any replacement delivery will be made concurrently with the return of the defect object. If the improvement fails or a replacement delivery is not made, the purchaser has the right to a reduction or exchange. Further claims of the purchaser, especially due to indirect damages or consequential damages of the defect are excluded. The purchaser is not permitted to resolve the defect at Deltec GmbH’s expense without the agreement of Deltec GmbH. The deadline for resolving defects is one year for purchasers, who are companies as per §14 BGB (Federal Law Gazette). The liability for material defects starts with the delivery of the object in question. This lies, where applicable, in the transfer of the object to the sending party. The rights of the purchaser from the liability for material defects of Deltec GmbH requires, that the purchaser has met is obligations as per §377 HGB (German Commercial Code) properly. A guarantee is excluded for damages which occur due to the following influences: improper application or non-observance of the operating instructions, incorrect assembly or start-up by the purchaser or third parties, wear and tear, improper or insufficient maintenance, unsuitable equipment, defective subsurface or damage which occurs due to inappropriate use.

8. Retention of title
Until the fulfilment of all (including balance) demands, which are owed to Deltec GmbH for any legal reason by the purchaser now or in the future, Deltec retains the ownership of the delivered object (retained goods). The purchaser is not allowed to make use of the retained goods. In case of interventions by third parties, especially bailiffs, on the retained goods, the purchaser shall refer to the goods as the property of Deltec GmbH and report it immediately. Costs and damages are born by the purchaser. The purchaser is allowed to use the retained goods in normal business dealings. Any dispositions exceeding this, such as pledging, assignments as security or sale after successful payment allocation, are not permitted. The purchaser is held responsible for ensuring our rights when reselling retained goods on credit. If the purchaser sells the retained goods on credit, then it hereby surrenders in advance the demands resulting from the resale to us. We shall accept this surrender of rights. If the purchaser acts contrary to the contract, especially in case of a default in payment, Deltec GmbH is allowed to take back the retained goods at the cost of the customer. The withdrawal and garnishment of the retained goods by Deltec GmbH does not represent a cancellation of this contract.

9. Place of performance and jurisdiction
Place of performance and jurisdiction is Delmenhorst. The contract is subject to the law of the Federal Republic of Germany.

10. Miscellaneous
If one or more of these conditions is or becomes invalid, then the validity of the remaining conditions is not affected. The invalid condition is to be replaced by a valid condition, which meets the intended purpose of the invalid condition as far as possible. The titles are merely there to offer a better overview and have no material importance, especially not a conclusive regulation.

11. Data protection

The purchaser agrees that Deltec GmbH can save data received from this business relationship as per the Data Protection Law for their own, commercial purposes.