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Terms and Conditions

YOURACT!

 

1 SCOPE

 

1.1 All our offers, deliveries and services solely on the basis of these terms and conditions. These conditions are part of all contracts we make with our contract partners on our services or products. All of the foregoing terms and conditions are hereby invalid.

 

1.2 Conflicting or our general terms of delivery and payment deviating conditions of the client, we do not recognize it unless their validity is expressly agreed in writing. This is especially true if the conflicting terms and conditions may only be communicated include in a form.

 

1.3 The general delivery and payment apply to all future offers, deliveries and services to the customer, even if they are not separately agreed again .

 

2 OFFERS AND PRICES

 

2.1 offers and prices are without obligation in its entirety and be binding upon our written order confirmation. We are entitled to accept the contractual offer in the order within 2 weeks of receipt. Does the customer that the order confirmation deviates from his order, he shall immediately upon receipt , but give written notice no later than one week after the date of our order confirmation, the supposed discrepancies. If he fails the exam of the order confirmation and the immediate notification, so our order confirmation shall be deemed correct and binding for both parties .

 

2.2 Before or at the conclusion of the contract subsidiary agreements require in each case to be valid with our written consent .

 

2.3 Subsequent changes ( changes after sample approval ) on request of the customer, including any resulting production stoppage will be charged to the customer.

 

2.4 All the information , measurements, weights , illustrations, descriptions and drawings in price lists, catalogs or other printed materials are only approximate , but determined to the best , but not binding for us. They are not warranted characteristics , but descriptions of our goods or services . Range changes and changes in the technical and visual design , we must reserve .

 

2.5 Our prices are from Bremen in Euro plus applicable at the time of Delivery VAT, unless there were other information is specified .

 

2.6 We reserve the right to make price adjustment in an individual case , if at the time of execution of the order due to currency price adjustments are necessary and / or a change in commodity prices has occurred. Increase after the order confirmation , material costs or wages , we are also entitled to increase the price according to the incurred cost increase . The client has a right of termination if the increase is more than 10 % of the agreed price . The expenses incurred by us until then to material and labor costs are to be reimbursed by the client .

 

3 PAYMENT

 

3.1 The invoice will be issued after delivery of the goods .

 

3.2 Our invoices are payable within 14 days net without deductions , unless otherwise agreed in writing. For some unknown clients we reserve in advance.

 

3.3 In the event target is exceeded occurs immediate default of payment , and thus we are entitled to withdraw from the Expiration Date on default interest at the rate of 8 % above the current base rate of the Deutsche Bundesbank p. a compute. The assertion of further damages is not excluded .

 

3.4 Cheques are only accepted and may be returned. Check Hergaben apply only as payment after redemption.

 

3.5 If a significant deterioration in the financial circumstances of the client , which cast doubt on its ability to pay , we are entitled to withdraw from the contract or to withhold our goods and services and the client a reasonable time limit for the performance of advance payment or the provision of security in our to put choice. After this period, we are entitled to rescind the contract.

 

3.6 If the Client fails to fulfill his payment obligations, especially if a check is not honored , or it can be demonstrated that enforcement procedures were futile, the customer has suspended payments , insolvency proceedings have been filed , we are entitled to the entire balance due under the contract provide, even if we have accepted a check. We are in this case also entitled to demand in all of the other agreements, advance payments or security deposits .

 

3.7 The set-off any counterclaims of the customer is this only allowed if it is undisputed or legally established claims. The right of retention by the client is excluded, unless these claims are based on the same contractual relationship.

 

3.8 Possible . Error in our invoices must be notified within 8 days after receipt of invoice. Prolonged silence of the invoice recipient is considered as a tacit recognition of the correctness of the accounts.

 

4 OWNERSHIP

 

4.1 All goods supplied by us remain our property until full payment and settlement of all claims from the business relationship our property. Under reservation of proprietary may only be sold in regular course of business , if it is ensured that the demands are passed from the resale to us and the reservation of title is passed by the client to its customers. If the realizable value of all existing for us exceeds the secured claims by more than 20 %, we shall release at the request of the client the securities of our choice. The customer hereby assigns to it is entitled from the resale or other use of the product claims and subsidiary rights to us. The authorization for resale is revocable at any time . The client is obliged to appoint us upon demand the purchaser of the goods in writing.

 

4.2 Actual or legal access to the goods and their damage or loss must be notified to us in writing immediately; in the case of attachment, the bailiff or the attachment order is submitted to us. In the case of access by third parties, the customer shall bear all the costs that are required to lift the access, particularly in the context of third party proceedings, as well as the replacement of the goods.

 

4.3 with respect to the conditional goods from resale or other legal basis (including all balance claims from current account) the client already security in full extent to us. We authorize the client revoked the claims assigned to us on his behalf and to collect in his own name. This authorization can be revoked if and as long as the client is with a secured claim in default of payment, is insolvent or insolvency proceedings are filed against its assets.

 

4.4 The transfer of ownership of the client to the delivered goods subject to retention by processing or transformation takes place. When combined with other things the goods, processed or mixed, this is done in our behalf, without this obligation be justified.

 

5 DELIVERY

 

5.1 Delivery dates and periods are valid only if they are expressly confirmed by us. Delivery periods begin on the date of our order confirmation, but not before complete clarification of all details of the order and not before receipt by the Customer to be procured documents and not before receipt of an agreed down payment.

 

5.2 If no delivery dates agreed well with a measured after specified periods, delivery time , this begins with the day of release. Proofs, machine proofs and the like by the contracting authority are to be considered approximate. If the customer requires changes after confirmation of the order, which affect the production period, begins a new delivery time and although only with confirmation of the changes.

 

5.3 The delivery period shall end on the day on which the goods leave the supplier's works or are stored in shipping impossibility.

 

5.4 Call orders are considered firm and binding are accepted within 3 month, unless otherwise agreed .

 

5.5 Shipping is at the expense and risk of the client even with " free shipment "; the risk passes to the customer as soon as the consignment has been handed over to the person performing the transport . The transfer or shipment is delayed as a result of a circumstance which caused by the Client, the risk from the date of readiness to the Client .

 

5.6 The choice of method and route we reserve the right , unless otherwise agreed upon in the order. Transport insurance is only available upon special request and at the expense of the client.

 

5.7 We are entitled to partial deliveries that are due for payment within our payment terms.

 

5.8 In case of force majeure or other unforeseeable and involuntary circumstances , such as difficulties in obtaining materials , labor disputes , equipment failure, vandalism , government intervention , lack of energy , whether they occur in our business or at our suppliers , in which we are prevented from fulfilling our delivery obligations , the delivery time by the length of disability and taking into account a reasonable start-up period is extended . If the disability is not expected to be completed in a reasonable time , we are entitled , without obligation of delivery or of damages in whole or in part. Such a withdrawal shall not affect our claims arising from any made ​​partial deliveries.

 

5.9 In the case of delay in delivery , we make after the expiry of a reasonable period of grace where adequate justification by the contracting authority a compensation for each full week of delay from 0.5 %, but a maximum of 5 % of the invoice value of the delayed delivery.

 

5:10 Both claims for damages of the customer due to delayed Supplies as well as claims for damages instead of performance that go beyond those referred to in 5.8 limits, are in all cases of delayed Supplies even upon expiry of a deadline set excluded for subsequent delivery. This shall not apply in cases of intent, gross negligence, or injury of life, body or health of mandatory liability. The contract by the contracting authority can only withdraw in accordance with statutory provisions if the delay in delivery of our part . A change in the burden of proof to the disadvantage of the client is not connected with the above provisions.

 

5.11 The Client is obliged to clarify our request within a reasonable period of time whether it, due to the delay in delivery of the contract or insists on the delivery.

 

5:12 delayed dispatch or delivery at the client's request by more than 1 month after notification of readiness for dispatch , we can to the client for each month commenced , storage costs of 0.5 % of the price of the goods, but no compute a total of 5 %. The proof of higher or lower storage costs the contract parties .

 

6 DELAYED ACCEPTANCE OF AUTHORITY

 

6.1 If the client acceptance or debtor's default , the risk of accidental loss or accidental deterioration of the goods passes at the time on the client, in which it is in default of acceptance. In this case, we are also entitled to set a reasonable deadline and to take after which uncollected goods on account of the Client either directly in stock and storage charges acc. Clause . To demand or to outsource to a freight forwarder 5:11 . This will not affect our rights to cancel the contract and to claim damages .

 

6.2 In the context of a claim for compensation we can claim 50 % of the agreed price as compensation without proof , unless the customer can prove that a loss he is not at all or much lesser damages were incurred as the lump sum.

 

7 WARRANTY

 

7.1 The contractor has after delivery to check the goods for defects immediately. Complaints due to the clearly deficient or clearly divergent nature of the goods or for the supply of a manifestly different goods as ordered , are by the contractor immediately at the latest within 3 working days after delivery or if the defect upon prompt immediate investigation was not apparent , 1 week after the discovery of lack to make in writing to us asserted . This regard obvious defects are not challenged in time and not in proper form , as part of the warranty . The inspection and notification of § 377 HGB remain unaffected.

 

7.2 The warranty period shall be no longer than 1 year Since delivery of the goods .

 

7.3 Warranty claims do not exist with only insignificant deviations from the agreed quality, and with only minor impairment of usefulness. Trade and industry tolerances not justify a complaint . Excess and shortage of up to 10 % are to be accepted by the client. In the manufacture of plastic articles and similar goods in seizure of a relatively small number of faulty goods is technically unavoidable and not objectionable content up to 5% of the total amount , regardless of whether the defect lies in the processing or in print.

 

7.4 Lack of a part of the delivery can not lead to reject the entire delivery .

 

7.5 In case of legitimate , timely filed complaint, we first reserve fulfillment of our choice before, ie Remedying the defect or replacement free of charge by the building owner to return defective goods with new contractual goods ( replacement). Only twice in the subsequent performance fails , the client may rescind the contract or reduce the remuneration .

 

7.6 Claims for damages applies in the rest of the paragraph. 8 Further or other than those regulated under 7 claims of the customer against us and our vicarious agents due to a defect are excluded.

 

7.7 Officials there the principal supply or any part thereof, so shall no part of the disputed goods consumed , be processed or delivered . Where this happens , the claim is invalid .

 

8 OTHER DAMAGES

 

8.1 Claims for damages and reimbursement of expenses of the customer (hereinafter : compensation claims) , regardless of the legal reason , including infringement of duties arising in connection with the contract or tort are excluded.

 

8.2 This does not apply , unless mandatory liability , eg under the Product Liability Act, in cases of intent, gross negligence, injury of life, body or health, or breach of essential contractual obligations. The claim for damages for breach of essential contractual obligations is to contract-typical , foreseeable damage and only up to the amount covered by our liability insurance, but only up to an amount of EUR 500 000 , - limited per claim, unless caused by intent or gross negligence or injury to life , body or health is liability . A change in the burden of proof to the disadvantage of the client is not connected to the above provisions .

 

9 COPYRIGHT

 

9.1 All title, ownership rights remain in any method and any use of own sketches and drafts, originals, films and the like, unless explicitly agreed otherwise with us .

 

9.2 means of production , such as films, lithographs, printing plates, printing plates, screens, punching and remain our property in any case. The making available to third parties, reproduction or use requires our permission. Designs enjoy the legal protection of intellectual property. For the test of the right of reproduction for printing documents , the customer is solely responsible. The Customer is solely liable if third parties are infringed by the execution of its order rights, particularly copyrights. The client has to engage third parties harmless from any claim of such infringement. Any arising to us in this context, process costs are the customer appropriately before of pocket expenses .

 

10 CORRECTION / JOBS

 

10.1 Proofs and contact pressures are to be checked by the customer to set and other errors and return them to us ready for production. We are not liable for errors overlooked by the client . Submitted by telephone corrections and amendments require the written confirmation.

 

10.2 If requested by correcting template extensive changes , re-setting , or any other , the usual measure excess corrections to the submitted artwork from the client, they are calculated on related expended time and materials consumption. If the sending of a galley proof does not require the liability for typographical errors on gross negligence is limited. Rate and contact pressure are also calculated when an order will be canceled .

 

10.3 considerable deviation of the nature of the material procured by us , we are liable only up to the amount of his own claims against our suppliers. In such a case we are liberated from our liability if we assign our claims against the suppliers to the client.

 

10.4 In light fastness, deviation and variability of materials and printing inks , and the properties of rubber coatings , paint , waterproofing etc. We are only liable to the extent that the material deficiencies prior to their use being evident proper examination . For color reproduction in all printing processes, slight variations in color may occur and are not considered a legitimate reason for a complaint within the pad and between proof and production prints .

 

11 CONTACTS

 

We reserve the right to bring on the back or at a suitable location with our supplied products to our company name. Also we reserve the right to reuse made ​​in the sales order items as samples or advertising purposes .

 

12 OF PERFORMANCE, JURISDICTION, APPLICABLE LAW , FINAL DESTINATION

 

12.1 Place of performance for all obligations arising from the contractual relationship is Bremen .

 

12.2 For all present and future claims from the business relationship with merchants, including check claims exclusive jurisdiction Bremen .

 

12.3 The legal relationship between the parties shall be governed exclusively by German law.

12.4 Should any of these items be invalid, the validity of the remaining provisions of our delivery and payment shall not be affected .