conditions



General Terms and Conditions regarding Deliveries and Services

1. Validity of Contract
These conditions are valid for delivery of all goods and services to our customers. Offers are excluded from these terms and conditions. An order is only considered a binding contract, once we have confirmed it or the goods have been sent. Verbal agreements will only be considered binding once we have confirmed them in writing. Any additional costs incurred by late changes to an order will be invoiced.

2. Collection and Delivery
All goods deliveries, including those of components or raw materials are subject to the following terms:
· All deliveries originate from Mietingen. The client will be liable for any risks or costs incurred by the delivery of the goods,
once they have left the factory.
· Delivery Deadlines will only be considered binding with a written confirmation. We reserve the right to do partial deliveries. We reserve
the right to replace any item with another product that has the same specification and price
· If a delivery is delayed due to circumstances beyond our control, we will inform the customer immediately
· Collections that have been booked are to be made from our factory. If the customer does not collect the goods from our factory,
we will consider them delivered as soon as they leave our factory.

3. Prices
Our prices are ex works, without packaging. They are calculated based on the current cost price. If this cost price changes considerably, we reserve the right to adapt our sales prices.

4. Warranties and Damages
We reserve the right to repair or replace goods that have been proven to be faulty. If these measures fail, the customer has the right to return the product for a refund. Complaints are only taken into consideration if they have been received in writing and with receipts within 8 days of receipt of the goods. Hidden faults should be reported as soon as they are discovered, and no later than 6 months after purchase. Our goods carry a six month warranty. After this point, all claims for replacement expire, unless the claim arises from illegal use of the product. For fencing blades we cannot give any warranties even for sport-typical use, unless the customer can prove to us that the material was faulty.
Unless there are extenuating legal circumstances, our compensation liability is limited to the invoice value of the goods involved. Any compensation claims against us, unless the claim arises from illegal use of the product, must be issued within two years of the purchase date.

5. Payment
Unless other terms of payment are agreed in writing, our invoices are for immediate net payment. Late payment period starts automatically after this deadline. If this deadline is exceeded, we reserve the right to charge interest at the bank’s base rate plus an additional 5% interest on arrears, as well as any other charges incurred by the late payment.
We reserve the right to demand advance payment, security on outstanding deliveries, or immediate repayment of outstanding debts if payments are late, solvency is in doubt, or if the customer has a bad credit rating.

6. Right of Ownership
Items will remain the property of this company until they are paid for in full. The customer is obliged to inform us immediately if any third party attempts to take possession of goods that are still our property, especially re-possessions or other confiscations and all damage to the goods. Our right of ownership also extends to the full value of goods produced using products manufactured by our company. If our products are combined with those of a third party company, we each retain a partial ownership of the item produced, relative to the invoice value. If the item is then sold on, the customer must hand over as security the complete or partial revenue generated by the sale. The goods, or revenue generated by their sale, must not be pawned or be given as security to a third party until full payment is received.

7. Court of law and jurisdiction
All contractual relationships are subject to German law.
Any disputes arising either directly or indirectly from the contractual relationship will be heard in the Court of law that has jurisdiction for the supplier of the goods. This also applies for bill of exchange liabilities. We are also authorised to sue the customer in their local court of law.

8. Final clauses
If one or more clauses of the contract should become null or void, then the validity of the other clauses in the contract remain untouched. Otherwise legal precedents will be used in this case.

9. Cancellations
Customers have the right to cancel orders within 14 days of receipt of the goods. Cancellations do not require an explanation, howver, they have to be in writing or on a permanent data medium (e.g. email) or by returning the merchandise to FWF Fechtwelt GmbH, Robert-Bosch-Str. 9, 88487 Mietingen, Germany. It is sufficient to sent the goods in time to meet the 14 day return deadline.
Return postage has to be paid by the customer.
The customer has the right to examine the merchanise carefully in the same way as it would have been possible to examine the merchandise if it had been bought in a shop. Any merchandise returned to us in a used state will be charged for depreciation unto the customers account.

10. Exchange and Returns
The costs for returns and exchange postage has to be paid by the customer. We reserve the right to reject parcels returned to us "cash on delivery".