Terms of Sale and Delivery

Terms of Sale and Delivery for Business Customers

Following conditions apply if no other written agreement is entered into by us.

All orders are to be accepted and carried out within the stipulations of these terms. They also apply to any future deliveries, without having to be specifically referred to once more.  Placement of an order is seen as recognition of any other conditions of purchase from the ordering par

I.                     Offers and Orders

Offers are always subject to confirmation. All orders, as well as verbal offers must be confirmed in writing by us, in order to be legally binding. The minimum order value is:  500,00 € for European Countries and Switzerland (duty-unpaid); for Overseas, Far East and East Europe 2.500,00 €. 

II.                    Prices

The prices given in our price lists or confirmation of order are applicable, plus legal VAT. When new prices are issued, then the old ones are no longer valid. The Company reserves the right, by giving notice to the Customer at any time before the delivery, to increase the price of the goods to reflect any increase in the cost to the Company which is due to any factor beyond its control.

III.                   Delivery

All deliveries are carried out ex works Lauscha/Ernstthal for account and risk of purchaser. Expenses arising from express delivery are be taken by the customer. We accept no liability for damage or loss of goods after the goods have left our Company. Routing and mode of dispatching will be determined by us, unless a different agreement is made. Goods that have been delivered cannot be taken back. All items can only be delivered in the given units. The eventual increase of any Transportation taxes will be proportionally borne by the customer.

IV.                  Right of retention, Summation

The right of retention of the customer persists only, as far as the effective counter claim is based upon the same contractual relationship or is recognized by declaratory judgement or is uncontested. If the customer is a legal entity or a public law special purpose institution the right of retention persists only in regard of an uncontested or legal established counter claim.

V.                     Period of delivery

1) The agreed delivery time is not a fixed date, but can be postponed by approx. 2 weeks. The order can only be cancelled after a reasonable deadline for delayed delivery. The cancellation has to be given in a written form.

2) Delivery period starts with the sending of the confirmation of order and presupposes the timely receipt of all documents required to be supplied by the Customer as well as the agreed payments.

3) A delivery time is observed if the Customer is informed that the goods are ready for shipment or the goods to be delivered have left the factory.

4) If the failure to meet the delivery time is due to forcemajeure e.g. mobilization, war, or similar events, such as strikes and lockout, the delivery deadlines shall be extended adequately

5). Partial delivery is permissible to a limited extend.

 VI.            Scope of delivery

1) The scope of the delivery is affected with our written order confirmation. In regards of special production we reserve the right to deliver 10% more or less of the item.

2) Any modification of the production or of the shape, which have been  ascribed to the improvement of the technique or to the requirement of  the legislator are subject to change during the delivery, as far as the delivered item is not considerable affected and as far as the these modifications are reasonable for the customer.

VII.                     Cancellation Costs

If the Customer cancels an order without justification we are entitled to claim 10% of the agreed payment all inclusive compensation, notwithstanding the possibility to claim a higher actual damage. The Customer is at liberty to prove that no damage has been incurred at all, or that the damage is significantly lower than the all-inclusive compensation.

VIII.                 Packaging and Insurance

The goods are packed in the unite stated in the price list; packaging is included in the price. Insurance against breakages during the transport has to be ordered with us and borne by the Customer: 1% of the total value of the delivery, minimum amount: € 2, 50.

IX.                     Passing of Risk

1) The Customer is required to purchase the goods forthwith. In case there is no mention of the kind of delivery we are obliged to give the goods to a local forwarder.  The Customer is entitled to control the goods within 14 days after having received the information that the goods are ready to be supplied. The Customer is also required to take over the goods within the same period of time, unless he cannot do it due to a third party.

2) If the Customer doesn’t pick up his consignment in this period of time, we are entitled to after another deadline of again 14 days to cancel the order or to claim extra costs.

3) The risk of accidental loss or of accidental deterioration of the goods shall pass on to the customer, as soon as we have passed on the goods to the carrier.

X.                        Warranty

The Customer is obliged to check the goods as regards quality and condition immediately after having received them. That also applies to any partial delivery.

Complaints as regards faulty, incomplete or partially delivered goods can only be considered if placed within one week after receipt of the goods. The warranty does not apply to damage that the Customer suffers on account of improper handling or storing. In the event of a justified notification of defect, either the defect will be rectified or a replacement will be delivered, to the exclusion of other claims. If we afford it the customers has to send back the damaged item.

Six month after delivery, all legal and contractual claims on the part of the purchaser that may be based on defective delivery then become statute-barred; this also applies to any claims by the customer arising from partial delivery.

XI.            Reservation of Right of Ownership

1) Our deliveries are made exclusively under the reservation of the right to ownership. The goods remain our property until full payment

2) In case the Customer acts in any way that it is not in conformity with the terms of the contract, especially if he fails to pay on time we are entitled to demand the return of the goods

3) Our withdrawal from the contract has to be done in writing from us.

4) The Customer is entitled to resell the goods in the course of normal commercial sales; however he shall transfer all receivables due to him as a result of his resale to a third party up to the outstanding amount. After the transfer, The Customer is authorized to collect the outstanding amount. We reserve the right to collect the outstanding accounts ourselves, if the Customer fails to pay on time to fitful his obligation to pay properly and defaulted in payment. 

5) Handling and processing of the goods by the Customer is always carried out in our name and on behalf of us. If processing is carried out using items that do not belong to us, we shall acquire the ownership in the new item in the ratio of the value of the goods we have supplied to the other processed items.

6) The same is true if the goods are mixed with other items that do not belong to us.                                             

7) The customer is not authorized either to pawn the goods or to make the goods over to a third party. The customer must inform us immediately of any seizure, levy of attachment or any impairment by third parties of our rights to the reserved goods and to the claims assigned to us.

8) If the value of the collateral that exists for us exceeds our claims in total by more than 20%, we shall be required, if requested by the Customer, to release or re-assign the excessive collateral, whereby we reserve the right to decide which claims to release.

9) If the reserved goods are no more available, all the claims have to be paid immediately. In this case all the bills of exchange have to be immediately cashed, irrespective of what the settlement dates are.

XII.                     Liability

Claims for compensation resulting from an offence are out of the question, unless the damage has been caused deliberate or through gross negligence.

XIII.               Conditions of Payment

1) New customers have to pay cash in advance less 3 % cash-discount. After previous arrangement for existing customers invoices are due within 14 days with 2 % cash-discount.

2)The payment has to be done by cheque or bank transfer. Payment by draft is only permissible with our prior agreement.

3) In the event of delay in payment the basic interest rate of plus 5% will be charged.

4) The basis for each delivery is the creditworthiness of the Customer. If it should occur that unfavourable information regarding the creditworthiness of the Customer reaches us during the contract period, or if due payment are not effected within the described period, then all the customer’s outstanding accounts will due for account immediately. We are entitled to request advance payment, to withdraw from a current contract, or to demand collateral. New customers will be requested to provide bank or trade or references

XIV.          Place of performance and Legal Domicile

1) The place of performance is Lauscha.

2) In case of a dispute with the customer, who is a legal person of the public entity or a public law special purpose institution the legal action has to be raised at the court, which is responsible for us in Lauscha.  We are also entitled to start proceedings at the head office ot the customer.

3) Exclusively German law shall be applicable fort he contractual relationship, even if the seat of business of the customer is out of Germany. In the event of any linguistic uncertainties or doubts in relation to translations of the subject General Terms of Sale and Delivery solely the German version shall prevail.

XV.           Effective Law

For this trading conditions as well as for the business relations between supplier and the buyer the law of the Federal Republic of Germany. Other national Rights as well as the international purchase right are excluded.

XVI.          Revocation instruction

In case of on line orders the buyer has In accordance with the condition of the Remote sale law the right to recall within two weeks after receipt of goods without reason.

The recall can be done written or by sending back the goods. For period keeping the punctual sending off is sufficient; please send to company: Krebs Glas Lauscha GmbH, Am Park 1, 98724 Lauscha / Ernstthal Germany.

In case of a effectively recall, the on both sides received achievements have to be refunded and if necessary pulled uses have to be published.

Is the buyer unable to refund the received achievement totally or partly or only in worsened condition, he has to carry out indemnification according to value. For the hiring of things this is not valid, if the degradation of the thing is to due exclusive to their examination – as it would have been possible in the shop. The buyer bears the cost of the return, if the supplied commodity corresponds to the ordered and the value of the goods to be sent back  does not exceed 40,00 EUR or if the value is higher when the buyer did not return or did not furnish contractually agreed upon partial payment. Otherwise sending back of the goods is free of charge.

XII.            Miscellaneous

1) The assignments of rights and duties of the customer resulting from the contract require for their efficiency our written acceptance.

2) In case of a clause is or becomes null and void, the other clauses remain unaffected and valid.

Terms of Sale and Delivery for Private Customer

Following conditions apply if no other written agreement is entered into by us.

All orders are to be accepted and carried out within the stipulations of these terms. They also apply to any future deliveries, without having to be specifically referred to once more.  Placement of an order is seen as recognition of any other conditions of purchase from the ordering party.

I.                     Offers and Orders

Offers are always subject to confirmation. All orders, as well as verbal offers must be confirmed in writing by us or by delivering through us in order to be legally binding.

II.                    Prices

The prices given in our price lists or confirmation of order are including legal VAT. When new prices are issued, then the old ones are no longer valid. The Company reserves the right, by giving notice to the Customer at any time before the delivery, to increase the price of the goods to reflect any increase in the cost to the Company which is due to any factor beyond its control.

III.                   Delivery

All deliveries are carried out ex works Lauscha/Ernstthal for account and risk of purchaser. Expenses arising from express delivery are to be taken by the customer. We accept no liability for damage or loss of goods after the goods have left our firm. Routing and mode of dispatching will be determined by us, unless a different agreement is made. Goods that have been delivered cannot be taken back. All items can only be delivered in the given units. The eventual increase of any Transportation taxes will be proportionally borne by the customer.

IV.                  Right of retention, Summation

The right of retention of the customer persists only, as far as the effective counter claim is based upon the same contractual relationship or is recognized by declaratory judgement or is uncontested. If the customer is a legal entity or a public law special purpose institution the right of retention persists only in regard of an uncontested or legal established counter claim.

V.                     Period of delivery

1) The agreed delivery time is not a fixed date, but can be postponed by approx. 2 weeks. The order can only be cancelled after a reasonable deadline for delayed delivery. The cancellation has to be given in a writing form.

2) Delivery period starts with the sending of the confirmation of order and presupposes the timely receipt of all documents required to be supplied by the Customer as well as the agreed payments.

3) A delivery time is observed if the Customer is informed that the goods are ready for shipment or the goods to be delivered have left the factory.

4) If the failure to meet the delivery time is due to forcemajeure e.g. mobilization, war, or similar events, such as strikes and lockout, the delivery deadlines shall be extended adequately

5). Partial delivery is permissible to a limited extend.

VI.            Scope of delivery

1) The scope of the delivery is affected with our written order confirmation. In regards of special production we reserve the right to deliver 10% more or less of the item.

2) Any modification of the production or of the shape, which have been  ascribed to the improvement of the technique or to the requirement of  the legislator are subject to change during the delivery, as far as the delivered item is not considerable affected and as far as the these modifications are reasonable for the customer.

VII.                     Cancellation Costs

If the Customer cancels an order without justification we are entitled to claim 10% of the agreed payment all inclusive compensation, notwithstanding the possibility to claim a higher actual damage. The Customer is at liberty to prove that no damage has been incurred at all, or that the damage is significantly lower than the all-inclusive compensation.

VIII.                 Packaging and Insurance

The goods are packed in the unite stated in the price list; packaging is included in the price. Insurance against breakages during the transport has to be ordered with us and borne by the Customer: 1% of the total value of the delivery, minimum amount: € 2, 50. You will find the information to the transport cost at the online shop.

IX.                     Passing of Risk

1) The Customer is required to purchase the goods forthwith. In case there is no mention of the kind of delivery we are obliged to give the goods to a local forwarder.  The Customer is entitled to control the goods within 14 days after having become the information that the goods are ready to be supplied. The Customer is also required to take over the goods within the same period of time, unless he is cannot do it due to a third party.

2) If the Customer doesn’t pick up his consignment in this period of time, so we are entitled to after another deadline of again 14 days to cancel the order or to claim extra costs.

3) The risk of accidental loss or of accidental deterioration of the goods shall pass on to the customer, as soon as we have passed on the goods to the carrier.

X.                        Warranty

The Customer is obliged to check the goods as regards quality and condition immediately after having received them. This also applies to partial delivery.

Complaints as regards faulty, incomplete or partially delivered goods can only be considered if placed within one week after receipt of the goods. The warranty does not apply to damage that the Customer suffers on account of improper handling or storing. In the event of a justified notification of defect, either the defect will be rectified or a replacement will be delivered, to the exclusion of other claims. If we afford it the customers has to send back the damaged item.

Six month after delivery, all legal and contractual claims on the part of the purchaser that may be based on defective delivery then become statute-barred; this also applies to any claims by the customer arising from partial delivery.

XI.            Reservation of Right of Ownership

1) Our deliveries are made exclusively under the reservation of the right to ownership. The goods remain our property until full payment

2) In case the Customer acts in any way that it is not in conformity with the terms of the contract, especially if he fails to pay on time we are entitled to demand the return of the goods

3) Our withdrawal from the contract has to be done in writing from us.

4) The Customer is entitled to resell the goods in the course of normal commercial sales; however he shall transfer all receivables due to him as a result of his resale to a third party up to the outstanding amount. After the transfer, The Customer is authorized to collect the outstanding amount. We reserve the right to collect the outstanding accounts ourselves, if the Customer fails to pay on time to fitful his obligation to pay properly and defaulted in payment. 

5) Handling and processing of the goods by the Customer is always carried out in our name and on behalf of us. If processing is carried out using items that do not belong to us, we shall acquire the ownership in the new item in the ratio of the value of the goods we have supplied to the other processed items.

6) The same is true if the goods are mixed with other items that do not belong to us.                                             

7) The customer is not authorized either to pawn the goods or to make the goods over to a third party. The customer must inform us immediately of any seizure, levy of attachment or any impairment by third parties of our rights to the reserved goods and to the claims assigned to us.

8) If the value of the collateral that exists for us exceeds our claims in total by more than 20%, we shall be required, if requested by the Customer, to release or re-assign the excessive collateral, whereby we reserve the right to decide which claims to release.

9) If the reserved goods are no more available, all the claims have to be paid immediately. In this case all the bills of exchange have to be immediately cashed, irrespective of what the settlement dates are.

XII.                     Liability

Claims for compensation resulting from an offence are out of the question, unless the damage has been caused deliberate or through gross negligence.

XIII.              Conditions Of Payment

1) Customers have to pay cash in advance. The payment has to be done by credit card or bank transfer.

2) In the event of delay in payment the basic interest rate of plus 5% will be charged.

3) The basis for each delivery is the creditworthiness of the Customer. If it should occur that unfavourable information regarding the creditworthiness of the Customer reaches us during the contract period, or if due payment are not effected within the described period, then all the customer’s outstanding accounts will become due for account immediately. We are entitled to request advance payment, to withdraw from a current contract, or to demand collateral. New customers will be requested to provide bank or trade or references

XIV.     Place of performance and Legal Domicile

1) The place of performance is Lauscha.

2) In case of a dispute with the customer, who is a legal person of the public entity or a public law special purpose institution the legal action has to be raised at the court, which is responsible for us in Lauscha.  We are also entitled to start proceedings at the head office ot the customer.

3) Exclusively German law shall be applicable fort he contractual relationship, even if the seat of business of the customer is out of Germany. In the event of any linguistic uncertainties or doubts in relation to translations of the subject General Terms of Sale and Delivery solely the German version shall prevail.

XV.           Effective Law

For this trading conditions as well as for the business relations between supplier and the buyer the law of the Federal Republic of Germany. Other national Rights as well as the international purchase right are excluded.

XVI.          Revocation instruction

In case of on line-orders the buyer has In accordance with the condition of the Remote sale law the right to recall within two weeks after receipt of goods without reason.

The recall can be done written or by sending back the goods. For period keeping the punctual sending off is sufficient; please send to company: Krebs Glas Lauscha GmbH, Am Park 1, 98724 Lauscha / Ernstthal Germany.

In case of an effectively recall, the on both sides received achievements have to be refunded and if necessary pulled uses have to be published.

Is the buyer unable to refund the received achievement totally or partly or only in worsened condition, he has to carry out indemnification according to value. For the hiring of things this is not valid, if the degradation of the thing is to due exclusive to their examination – as it would have been possible in the shop. The buyer bears the cost of the return, if the supplied commodity corresponds to the ordered and the value of the goods to be sent back  does not exceed 40,00 EUR or if the value is higher when the buyer did not return or did not furnish contractually agreed upon partial payment. Otherwise sending back of the goods is free of charge.

XVII.            Miscellaneous

1) The assignments of rights and duties of the customer resulting from the contract require for their efficiency our written acceptance.

2) In case of a clause is or becomes null and void, the other clauses remain unaffected and valid.