Terms and Conditions

GENERAL TERMS AND CONDITIONS - Excellent GmbH

  1. All offers and agreements for current and future deliveries are based on the following conditions; they are accepted by placing an order or accepting the delivery. Deviations from these conditions require written agreement or confirmation.
  2. Prices are in EURO (plus VAT in the Federal Republic of Germany). Our price lists valid on the day of delivery apply. Offers are subject to change.
  3. All invoices are payable within 30 days without deduction. A 2% discount is granted for payments within 8 days. If the payment deadline is exceeded, the supplier is entitled to charge interest on arrears.
  4. Delivery dates are non-binding for us and we do not accept liability. Cancellation due to late delivery can only be made after granting a grace period of 4 weeks. If unforeseen events occur either on our part or on the part of our suppliers in the event of force majeure (strike, machine breakdown, tool breakage, etc.), we are entitled to withdraw from the contract in whole or in part. The buyer is not entitled to claim damages due to non-fulfillment or late delivery.
  5. Deliveries within the Federal Republic of Germany are made net ex works for orders. Orders over EUR 750.-‐ net are delivered free of charge to the home – free border
  6. Deliveries are made uninsured at the buyer's expense and risk. Even in the case of freight-free delivery, the risk is transferred to the buyer when the goods are handed over to the shipping agent or loaded onto a supplier's vehicle.
  7. The supplier reserves the right to make design and shape changes provided that the goods are not significantly modified and the changes are reasonable for the customer. Partial deliveries within reasonable limits are permitted. For custom-made products, we reserve the right to deliver 10% more or less than the agreed delivery date. For custom-made products, markings with special brands or advertising prints, we are not obliged to check whether third-party rights exist. Any claims arising from this must be borne by the buyer.
  8. Complaints will only be considered within 8 days of receipt of the goods. In the event of a justified complaint, we will either deliver a replacement or refund the purchase price at our discretion. Costs arising from unjustified complaints are borne by the buyer. Claims for damages are expressly rejected.
  9. The goods remain our property until they have been paid for in full. In the event of a sale, we are entitled to the claim. If the buyer is in default in fulfilling the obligation secured by the retention of title, either in whole or in part, we can demand the return of the goods without first declaring withdrawal from the purchase contract in accordance with Section 455 of the German Civil Code (BGB) or setting a deadline for fulfilling the payment obligation in accordance with Section 326 of the German Civil Code (BGB). The existence of the contract and the buyer's obligation remain unaffected by such a demand for return.
  10. The place of performance and jurisdiction for all obligations arising from the contractual relationship is the registered office of the supplier. (Solingen)
  11. In the event of any individual provision being invalid, these terms and conditions shall remain binding in the remainder.