General Conditions of Sale and Delivery

1. General Conditions
1.1 Supply agreements concluded by us are always subject to the following conditions, eben if we do not expressly refer to them in the Future once a continual business relationship has been established.
1.2 Any terms stated by the customer which contradict or deviate from these shall apply only if and when confirmed by us in writting. Our Conditions of Sale and Delivery shall also be valid in the case that we execute the order without reservations when awake of contradictory or deviating conditions of the customer.
1.3 Our Conditions of Sale and Delivery shall apply to merchants if the contract belongs to the exercise of a trade, and to non-merchants only if permissible by law.
1.4 The Conditions of Sale and Delivery shall apply to special models only if no additional arrangements have heen made. The award of a CE mark for special models requires a separate written agreement.

2. Offer
2.1 Our offer are without engagement. Especially concerning the scope of supply, we shall be obliged only as specified in our written confirmation. Changes and amendments shall only be valid when submitted in writting.
2.2 The documents included in the offer, such as illustrations, drawings, indications of weight, dimensions and other specifications are only approximate, unless they have heen expressly specified to he binding. We reserve the right of ownership und reservation concerning cost estimates, drawings and other documents: these may not be passed on to third parts.
2.3 Any specifications and price details from catalogues or electronic media (e.g. CD Roms, Internet) shall be binding only with our written confirmation.

3. Prices and Payment
3.1 Our prices are ex works, excluding shipment, packing and value-added-tax.
3.2 Invoiccs shall be payable within 10 days after the date of invoice less 2% cash discount or within 30 days after the date of invoice net. Repair invoices for machines shall be payable within 2 weeks after the date of the invoice without any discount.
3.3 If the period allowed for payment is exceeded we shall be entitled to charge interest from the due day of payment, according to the German Federal Banks established gross interest rate for current account overdrafts.
3.4 We shall accept bills of exchange only in fulfillment and subject to their discountability. The cost of discounting and collection is covered by the customer.
3.5 If the customer defaults in his payment of any substantial amount by more than 10 days, all outstanding payments fall due immediately without regard to any discounted bills of exchange. We shall from then on be entitled to supply goods only against advanced payment or security.
3.6 The customer shall not be entitled to withhold or set off payments because of any crossclaims, including warranty claims, unless the crossclaims are undisputed and have been lawfully established.
3.7 In case of an unauthorised cancellation of the contract, 15% of the gross sales price of the delivery item shall he charged as a lump-sum settlement. We reserve the right in individual cases to give proof of a higher loss actually suffered and recover that amount.

4. Delivery
4.1 Delivery periods shall only be approximate. Even if a fixed date has been agreed, we shall be in default only upon receipt of a reminder. Partial deliveries are allowed.
4.2 The delivery shall be deemed on schedule if the delivery item has left the plant or notice has been given that the goods are ready for dispatch by the time the deliver period expires.
4.3 If we are prevented from lawful deIivery by force majeure, the deliver period is appropriately extended. This applies in case of trade disputes and unforeseen circumstances outside of our control. If such circumstances evidently have a considerable influence on the completion or dispatch of the deliver goods. This also applies if these circumstanccs occur at a subcontractor. We shall neither be liable for the above mentioned circumstanccs, if these arise while we are allready in delault. We wiII inform the customer of the beginning and the end of such circumstances in important cases.
4.4 If we are in default for reasons for which we are responsible. The liability to pay damages is excluded in case of ordinary negligence.
4.5 If the casc of late shipment, the customer has allowed an extra 4 weeks (for standard items) or 6 weeks (for special manufacturing) or prolongation and within the prolongation shipment cannot be effected, the customer is entitled to cancel his order. Any liability claims are limited to contractually typical and reasonaly foreseeable loss. The limitations ol liability described in the two paragraphs above shall not apply in the case that a fixed business agreement was expressly agreed upon, or if the interest of the customer in the fullfillment of the contract has ceased.
4.6 We shall only he ohliged to meet the delivery schedule if the customer has met his contractual obligations.

5. Transfer of risk and acceptance of goods
5.1 Unless stated otherwise in the order confirmation, delivery is agreed ex works.
5.2 Delivered items, even if containing minor defects, shall be accepted by the customer without prejudice to the rights Iaid down in section 7.

6. Retention of title
6.1 We reserve the title to the supplied items until all claims arising from the business connection have been satisfled.
6.2 The customer may sell the goods subject to title retention only in the ordinary course of business and reserving the right of property. The customer here with assigns all claims arising from the resale of such goods to us. No other disposal of the goods subject to title retention - especially pledging and mortgaging of goods - is allowed. We must be informed immediately of any pledging, seizure or any other disposal of the delivery item by third parties.
6.3 If the value of our securities exceeds the amount of our claims by more than 20%, we shall he obliged upon request of the customer to release securities as we choose thus far.
6.4 If the customer violates the contract, especially by defaulting in payment, we shall be entitled to recover possession after due warning and the customer shall be obliged to comply. If we claim our proprietary rights and/or seize the delivery item. This shall not be deemed a cancellation of the contract.

7. Warranty of fitness
We shall he liable for defects in the delivery item, including the lack of expressly assured properties, as follows:
7.1 All those parts shall he either improved or resupplied free of charge, as we choose at our discretion, which prove to he unusable because of (production, material, design) faults at the time the risk is transferred to the customer. If such faults are found we must receive immediate written notice thereof. This notice must be submitted along with the note confirming the delivery of the accompanying documents (instruction manuals etc.) and the technical training conducted by an expert. Substituted parts become our property. Our liability for significant parts supplied by third parties shall be limited to the assignment to the warranty claims to which we are entitled by our supplier.
7.2 The right of the customer to lodge claims because of defects shall be subject tot the statutory period of limitation, which is 6 months from the transfer of risk. If “manufacturing contract law” applies to the contract with the customer, the period of limitation begins upon the customer’s acceptance. Warranty is excluded for any damage occuring for the following reasons: Inappropriate usage, especially without regard to the instructions of usage, mistakes made by the customer or third parties during assembly or when commissioning, wear and tear, repairs, maintenance work or changes performed without our prior approval, inappropriate operational means, replacement materials, faulty construction work, unsuitable ground. mechanical, chemical or electrical influences, unless we are responsible for these. The customer shall give us the time and opportunity needed to execute all improvements and deliveries of replacements that seem necessary at our discretion.
7.3 If the delivery item has a defect for which we are responsible, we are entitled to choose between repair of the defect or delivery of a replacement part. In case of a repair we shall he obliged to cover all costs necessary for the repair, especially transport, wayleave, labour and material costs, if these are not higher because the delivery item was brought to another place that the agreed place of delivery.
7.4 If we are not willing or able to repair the detect or supply a replacement, especially this is delayed beyond an appropriate period of time for reasons for which we are responsible, or if we otherwise fail to provide repair/replacement, the customer is entitled to optionally cancel the contract or request an adequate discount on the price of sale.
7.5 Further claims by the customer. especially to provide compensation for damage which has not occurred in the delivery item itself, are excluded. This exemption of liability does not apply in cases of intent, gross negligence by the owner or senior employees and in case of a culpable breach of major contractual duties. In case of a culpable breach of major contractual duties we shall - except in cases of intent or gross negligence of the owner or senior employees be liable only for contractually typical and reasonably foreseeable damage. The exclusion of liability furthermore does not apply in cases where, according to the Product Liability Law (Produkthaftungsgesetz), liability is assumed for personal injury and material damage of privately used items because of a defect of the delivery item: nor does it apply in the case that certain characteristics are missing which are expressly assured, if this assurance had the specific purpose to protect the customer against damage not occurring in the delivery item itself.

8. Liability for efficiency
8.1 Performance specification is still considered to be met if it does not fall below specification by more than 10%.
8.2 Complaints referring to the performance of the machines or parts have to be submitted by the customer within the statutory periods defined by the German Commercial Law (Handelsgesetzbuch), including a detailed list of the complaints asserted.
8.3 The customer shall grant us a period of 2 months upon receipt of the complaint to prove the products abillity to fulfill the agreed performance. For this purpose, we can send representatives at our discretion, whose instructions shall be followed by the staff of the customer. Any other claims by the customer, especially for damage, shall be excluded as specified in section 7.

9. Joint liability
9.1 If and when our liability for damage is excluded or restricted according to section 7, this applies also to complaints made because of negligence at the time of the agreement of contract, breach of secondary obligations, especially to claims from the producers liability according to §823 BGB (Civil Code). We are not liable for any damage caused by operating errors ol the purchaser or his operating aids. The damage meant are those caused by not paying attention to the operating manual and it’s instructions. Furthermore. we offer training courses/demonstrations, which the purchaser and/or his operating aids can participate in. We are also no liable for any damage caused by contents and knowledge from such training courses being unknown.
9.2 The provision in subsection 1 shall not apply to complaints acc. to 1.4 Product Liability Law (Produkthaftungsgesetz). The same applies in the case of initial inability or impossibility for which we are responsible.

10. Rights in case of imminent or actual breach of contract by the customer
10.1 If the customer defaults completely or partially in payment, if a bill of exchanec of the customer is not met or a cheque not honored. or if facts become known whith point to a straitened financial situation of the customer, or if a petition for judicial reorganisation proceedings is filed, or if the customer proposes terms of a voluntary arrangement to a creditor, we shall be entitled to request the immediate payment of all non-settled invoices, even if they have not yet fallen due or have been extended, and to request advance payment for all outstanding deliveries, or to cancel the contract concerning a part of or all deliveries without prejudice to the rights to which we are otherwise entitled, without the requirement of any specific period of notice or extension of period in any of these cases. The customer can release himself’ from the obligation to make such advance payments or our right of cancellation by providing appropriate securities. We shall be entitled to the above rights also in the case that the company of the customer is dissolved, liquidated or if business affairs are wound up. if major parts of the business are transferred or if execution is levied upon the property of the customer.
10.2 The customer shall not be entitled to claim for damages in case of a cancellation for one of the above reasons.

11. Place of fulfillment, venue and applicable law
11.1 The place of fulfillment for deliveries is our headquarters.
11 .2 The venue is our business location. This applies also for claims concerning hills of exchange and cheques. We shall also be entitled to file action at the business location of the customer.
11 .3 For all deliveries and performances German law shall apply exclusively. The applications of the laws on the international purchase of movable items and the agreement on international purchase contracts on movable items is excluded.

12. Partial invalidity clause
If one or more of the ahove provisions should be or become invalid, this shall not affect the validity of the other provisions.

Online Additions

Paypal:
We are not responsible for any Paypal fees (we do not charge extra for these fees there paid for by us).
When refunding a order in full, for what ever reason we will re-fund the PayPal fee charged by PayPal (included in the order), however this can be higher than are charged fee. plus twenty pence PayPal dont re-fund the twenty pence, please see PayPals re-fund policy. If the re-fund is only for part of the order for example Fred buys 1 x mp3 player and 1 x hi tech kettle, the kettle goes discontinued and we cannot get hold of any more of these kettles, so we re-fund Fred just for the kettle the PayPal fee we be re-funded by PayPal by a percentage of the re-fund, (this is not likely to be much) also please understand the postage of Freds order will be re-funded taking the weight of the kettle off and a twenty pence charge.

Re-funds:
we will only re-fund items if the item has been discontinued, or out of stock for over 10 days, if the payee purchased the item via Paypal then we will re-fund the Paypal fee marked on your invoice, we are not responsible for any Paypal fess, please see above. If your order has gone though and maybe shipped we cannot re-fund your payment, unless you find the item to be faulty, please refer to Shipping & Returns for more information regards faulty returns. If you item is found to be faulty we will re-fund your item including the postage cost you, please note we only re-fund returns when they are no products in stock (we will wait up to five days for more stock, if arriving with in the five days).

Remittance Terms
Please note that all goods must be paid for in full before shipping. Please make cheques payable to Le Rule Originals. Please put your name and address on the reverse of your cheque. Goods remain the property of Le Rule Originals, until payment is received in full.

Order Completion
Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the Products ordered, unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Returns & Cancellation. Non-acceptance of an order may be a result of one of the following:

Lost Damaged or Late Packages
We make every effort to ensure that your order arrives promptly and in good condition, however, problems may occasionally arise. If your parcel is taking longer to arrive than anticipated, please contact us. We will then track your parcel through the UPS system. If your order arrives damaged please contact us immediately so that we can take further action. Lines are open Monday to Friday 9.00am to 5.00pm.