Conditions of Use
Standard conditions of sale, delivery and payment for the Clariant promotional shop
1. General
Any and all of our sales and deliveries are effected on the basis of the following standard conditions of sale, delivery and
payment exclusively. Any different terms and conditions of business of the purchaser require our approval. Our supplies are
intended solely for commercial use. By placing an order with us, the purchaser thereby confirms that he shall use the goods for
commercial purposes. We may withdraw from contracts without stating reasons for such action, if it can be assumed that we will
incur a risk by providing the party ordering with supplies. All prices are net in Euro per piece or per packaging unit as stated in
the catalogues plus value added tax (in ) with freight collect ex works. The purchaser shall always assume the transport risk.
Packaging shall be charged at cost price. The current flat rates charged for transport and packaging are stated in the purchase
order forms in our latest catalogues. These prices are valid until publication of the following catalogue. Should extraordinary
fluctuations in commodity and foreign exchange notations occur, we reserve the right to adjust prices accordingly. If we do not
receive information concerning the printing size, position and ink, we reserve the right to carry out the printing of an article as
suitable. The minimum order value is Euro 50.00.
2. Delivery
Deliveries are effected ex works for the account of the purchaser exclusively. We reserve the right to carry out technical
alterations for the purposes of technical progress as well as alterations to the form, colour and material. The particulars stated
concerning weight, dimensions, cubic capacity, performance, colour etc. are only approximate indications. The customer
benefits from interim improvements to products without surcharge. It is sometimes impossible to avoid making excess or short
deliveries by up to 10% for articles to be distributed with an individual affixed advertising and is hereby deemed agreed.
However, the exact quantity ordered is supplied as a rule.
3. Delivery period
We usually supply articles with affixed advertising “Clariant” at short notice ex warehouse or ex works. Articles with an
individually affixed advertising are usually able to be supplied within 3-4 weeks. Part deliveries are avoided if possible, but the
right thereto is reserved. It is not possible to refuse to effect payment for previous part deliveries according to our terms of
payment if there is a delay in delivery of a residual quantity. The week confirmed by us for delivery is an estimated delivery date
and applies for delivery ex works. Fixed dates only apply after our express confirmation thereof. Should we delay performance,
we shall be initially granted a reasonable extra period of time of at least 4 weeks. Claims for damages by the principal vis-à-vis
ourselves and vis-à-vis our vicarious agents are precluded, unless this concerns actions committed intentionally or with gross
negligence, in particular claims arising due to the impossibility of performance, the positive breach of an obligation, negligence
in contracting and claims under the warranty or due to non-performance. This shall also apply to claims for damages arising due
to default and generally for any and all consequential damage and loss of profits. If we must pay damages, we shall only
assume liability for typical and foreseeable damage. Apart from cases of intent, our liability shall be restricted to the value of the
goods to be supplied at the maximum.
4. Warranty
Complaints due to obvious faults shall be notified in writing within 7 days after receipt of the goods. Notification of hidden defects
must be given within 7 days, but no later than 6 months after delivery. In case of justified complaints submitted in due time we
shall either supply a replacement free of charge or effect repairs. We shall be granted a reasonable period of at least 4 weeks to
effect such repairs or replacement. If a defect cannot be eliminated by carrying out repairs or supplying a replacement, the
purchaser is entitled to demand a reduction in the purchase price or to rescind the purchase agreement. Further claims are
precluded unless we or our vicarious agents acted with intent or gross negligence. If advertising is to be affixed to articles, we
guarantee that this shall be affixed properly as far as technically possible and that we shall affix such to the article in a position
which appears to us as the most effective for the purpose of advertising. Goods with affixed advertising will not be exchanged.
The examination of proofs, drawings or samples releases us from any and all responsibility for faults to which an objection was
not raised.
5. Payment
Within 60 days net, without deduction of discount. Until payment in full, we retain title to the goods. In case of a delay in
payment, we shall be entitled to charge interest amounting to 3% above the respective Euribor of the European Central Bank
and the dunning charges incurred.
6. Data protection
We hereby inform you that we shall store and process your data using EDP means to the extent necessary for business
operations and as far as admissible according to the German Federal Data Protection Act (Section 26 BDSG).
7. Jurisdiction
In case of disputes, the courts at Cologne , Federal Republic of Germany, shall have jurisdiction and venue for registered
traders. If individual terms of these conditions should be invalid, this shall not affect the validity of the remaining conditions.
Cologne, August 2012
Burg Services GmbH & Co KG · Hansestr. 107 · D 51149 Köln · Germany
