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Terms and Conditions,
M. Kappus GmbH & Co. KG

We only conclude transactions with companies and legal entities under the following conditions:

  1. All offers are subject to change.
  2. Delivery possibility shall be reserved – even in the case that the order has been accepted. In case self-delivery should fail, we shall be entitled to withdraw from the contract.
  3. Delivery deadlines shall be non-binding. Claims for damages and/or denials of acceptance due to non-delivery or untimely delivery shall be excluded.
  4. All goods are shipped at the risk of the recipient.
  5. The place of performance for delivery and payment as well as the place of jurisdiction shall be Offenbach am Main, Germany.
  6. Delivery/invoicing shall be made to:

    Retailers with free delivery to the door or free to German border, respectively, from € 125.00 – net value of the goods per order and place of delivery.
    Wholesaler and bulk retail purchaser for retail
    free delivery to the door or free to German border, respectively, from € 300.00 – net value of the goods per order and place of delivery (central warehouses: € 600.00)
      For orders below € 300.00 net goods value, we consider higher list prices as those printed on the price sheet.

  7. Partial delivery is possible; such delivery shall be deemed a special contract.
    SUBSEQUENT DELIVERIES shall be deemed an exemption regulation and require a separate agreement.
    No subsequent deliveries shall be made for seasonal articles (such as gift boxes etc.)
  8. Additional costs attributable to the provisions of the purchaser shall be invoiced.
  9. Each shipment is to be re-weighed immediately. Differences in weight need to be officially confirmed on the consignment note in order that the recipient may seek compensation from the German Federal Railway or the shipping company.
  10. Loaned packaging etc. remains our inalienable property. Upon accepting the loaned packaging, the purchaser undertakes to carefully handle it and to immediately return it after emptying. We reserve the right to invoice the amount needed for replacement in the event that the shipping packaging is not returned to us within an appropriate period of time. If requested, we deliver on euro-pallets only. Immediately upon delivery on pallets, the same number of replacement pallets as that delivered shall be given back in exchange. Euro-pallets which were not exchanged will be invoiced. Only flawless euro-pallets shall be deemed exchangeable.
  11. For payments made within 14 days, we grant a prompt-payment discount of 2%. After 30 days the invoiced amount shall be due without any deductions. The invoice date is decisive here. Payments by cheque are considered to be affected after credit entry.
  12. The goods shall remain our property until they have been paid for in full. The sums received by selling the goods also become our property. The receivables emerging from this shall be assigned to us. The right of return shall apply without the necessity to withdraw from the contract. Set-offs and the right of retention shall be excluded.
  13. For soap and all other goods, the prices apply for the fresh weight.
  14. We shall be entitled to withdraw from the contract in part or in full and furthermore claim damages for the reduction of value and the loss of profit, if

            a) the purchaser fails to effect proper payment,
            b) unfavourable circumstances with respect to the purchaser become known,
            c) the agreed acceptance deadline is not met.

    In cases a) and b) all our outstanding accounts shall fall due immediately and thus become enforceable. In the event of default of payment we shall be entitled to charge the purchaser interests at the customary bank rates. 
  15. Without written authorisation to do so, field sales representatives shall not be entitled to accept payments on the behalf of M. Kappus GmbH & Co. KG.
  16. We only replace defective goods. Reconditioning of products which have become unsightly shall be charged. Returns of goods shall only be accepted upon previous written approval. In the case of taking back goods which have already been sold and delivered to our customers, we shall be entitled to deduct a uniformly established fixed rate for granted discounts and reconditioning costs from the credit note.
  17. Amendments of the terms and conditions need to be effected in writing. Oral agreements shall not have validity.

Update: 18.07.2012