Standard Terms and Conditions - Business
General information - only the following terms and conditions of sale and delivery apply in respect of all business transactions. They remain applicable for all future business relations even if not again expressly agreed. Alternative conditions shall only be valid if confirmed by us in writing. Additional oral agreements are not made as a rule. All information set out in our catalogues, special offers, magazine advertisements and in the context of the provision of advice is non-binding and subject to change; this applies likewise to the prices stated. These terms and conditions shall always be an integral part of agreements of any kind concluded with our company. Deliveries of firearms and ammunition requiring a licence will only be made to holders of an appropriate licence.
Offer - All offers are made without obligation; errors excepted, subject to availability, price changes reserved. Goods delivered if in stock. Prices are listed net in Euro; the currently valid statutory rate of VAT is additionally payable.
Delivery - In the event that we are in default of our obligation to deliver, you are only entitled to rescind the agreement - to the exclusion of any additional entitlements - if you have granted us a reasonable additional period for performance, accompanied by an express declaration that you will refuse acceptance of our contractual performance after this period has expired and if we have not effected delivery within the stipulated additional period. We are entitled to make part deliveries. In the case of articles and
goods subject to a licence, the delivery will only be performed following presentation of the original copy of said permit. We shall not accept returns sent postage unpaid.
Warranty/liability - We are liable to pay compensation in accordance with the statutory provisions. Any defects must be reported to us without delay (i.e. within three days) following discovery. If the complaint is justified, you have the right to a diminution of price if we are not able or have declared we are not willing to eliminate the fault within a reasonable period of time, or to take back the goods and perform a substitute delivery.
The customer‘s rights in relation to a defect are precluded if the customer was aware of the fault at the time the agreement was concluded. Our liability and our vicarious agents‘ liability for delay, impossibility of performance or the non-fulfilment of or breach of duty in relation to quasi-contractual arrangements is limited to instances of deliberate acts and gross negligence. No warranty is extended to defects in used goods, unless a defect has been fraudulently concealed or we have guaranteed the characteristics of the goods.
There are no warranty claims, moreover, for defects caused through improper or careless handling, excessive usage or for the failure to observe our operating guidelines. Our warranty obligations are extinguished in the event that the purchaser or a third party interferes with and/or modifies the goods without our written permission or instruction to do so. This applies likewise to any guarantee entitlements. We assume no liability whatsoever in respect of consequential damage caused by the workmanship or errors
of our suppliers or by the use of reloaded ammunition.
Guarantee - Any guarantee extending beyond the term of the statutory warranty will be based on the terms and conditions of the manufacturer or supplier of the goods. The guarantee exists alongside the statutory warranty claims.
Infringements of the terms of the guarantee only concern the guarantee itself, and do not activate the aforementioned warranty claims. The purchaser has the right to demand that defective parts be subsequently improved or replaced. Other claims are hereby excluded. Any improper handling of the purchased item will result in the exclusion of any available guarantee. As a rule we do not guarantee used goods or goods on consignment.
Dispatch - Postage, packaging and insurance will be charged on orders within Germany up to 500.00 Euro net. If the value of the order is over 500.00 Euro only packaging and insurance will be charged. This does not apply to weapons and ammunition, reloaded items, bulk items, cartage or in relation to applicable statutory permits. Gun powder may not be dispatched.
Payments - As a rule deliveries are made in return for payment in advance. For pre-existing customers, deliveries may be made on account. In this case we request that the invoice total be paid within 10 days with 2% early payment discount from the invoice date. Purchase on credit and payment by instalment are only possible on the basis of an individual arrangement. In the event of delayed payment we reserve the right to charge standard rates of default interest plus a 15.00 Euro reminder charge.
Returns - Returns generally require our prior consent and must be sent to us postage paid. We reserve the right to refuse to accept returns sent postage unpaid. If no other arrangements were agreed in advance, we will only accept goods already invoiced if these are in a brand new, originallypacked, complete and resellable condition. If this is not the case but we nevertheless agree to the return and issue of a credit note, we shall be entitled to deduct up to 25% of the original invoice total. It is not generally possible to return specialised purchases, firm orders and customised customer orders.
Retention of title - The goods remain our property until complete payment of our receivables under the business arrangement with the customer. The customer is entitled to dispose of purchased goods within the course of its normal business activities. By way of providing collateral security for our receivables, the customer here and now assigns to us its claims against third parties established through the resale, said assignment being for the amount of our claim. The customer is entitled to collect the debt on our behalf, until we revoke this entitlement or if the customer ceases making payments.
Until such time as our receivables have been completely settled, the goods and the claims assigned in respect of them may not be made the subject of a third-party lien nor may they be used as collateral. The customer must use a registered letter to inform us without delay about any third-party interference with our goods and claims. The exercise of the retention of title does not affect the validity of the agreement; in particular it shall not constitute rescission.
With the issue of a purchase order it is agreed that for both parties the place of performance and legal venue is Würzburg. The relations between the contractual parties shall be governed exclusively by the law of the Federal Republic of Germany.
If any of the provisions of this agreement are wholly or partially unenforceable, or become so in the future, this shall not affect the validity of the remaining provisions. Ineffective provisions will be substituted in accordance with the applicable statutory provisions.