For Commercial Customers
a The following general terms and conditions of busines (GTCB) apply to all contacts between Korntex® GmbH, Stuttgart (hereinafter Korntex®) and commercial customers (hereinafter CC)
b These terms and conditions apply as amended on the date of order.
c Terms and conditions of the CC are thereby strictly contradicted. Deviations from these Terms and Conditions shall be effective only if confirmed by Korntex® in writing. If written form is agreed on, the selfsame also requires the written form. Verbal agreements are not possible.
No binding prices are listed on the websites of Korntex®. They are for guidance only. Korntex® calculates the prices for the CC individually in order to deliver the best performance package. Binding offers are issued only on request and only in writing.re
III Shipping Costs
No binding prices are listed on the websites of Korntex®. They are for guidance only. Korntex® calculates the prices for the CC individually in order to deliver the best performance package. Binding offers are issued only on request and only in writing.
Deliveries will be made by a freight carrier selected by Korntex®. The CC has to bear the full costs for delivery. The shipping costs will be charged on orders, that are not generated by the online store, at 6.50 EUR fixed price per carton. Orders placed via the online shop have free shipping withing Germany (except the islands). Shipping costs include costs for packaging, shipping documents, and, in case of a standard shipping, the common transportation and delivery charges. If the delivery should or has to be delivered via express, courier, or similar services, to ba able to match the confirmed date of delivery, the CC will be charged all arising fees.
IV Terms and Conditions of Payment
The terms and conditions of payment and credit limits are based on the creditworthiness of the CC. The CC agrees that Korntex® obtains a corresponding credit report from an independent credit agency. In-house testing processes also influence the granting of certain terms of payment.
Cities , municipalities and public-sector enterprises are usually supplied on account.
Even if agreed to payment in advance, Korntex® reserves the right to deliver goods on account and/or to begin production of the goods before the payment is received. This applies both to neutral as well as for refined goods.
V Times of Delivery
Times of Delivery depend on the respective goods or services. You can find an estimated delivery time on the order confirmation, which you will receive after placing an order. However, this time of delivery is not binding for Korntex® and may differ in some cases due to force majeure.
Futhermore Korntex® reserves the right to partially deliver, and to supply the rest of the goods at a later stage. Both of these two cases, however, represent the absolute exeption.
If a product is not available as planned , Korntex® tries to advert the CC on the delivery shift in written form, and tries to name a new expected date of delivery.
VI Surcharge for Small Quantities
If the order value is under 95EUR, a surchage for small qualities of 10EUR is calculated.
VII Print Previews and Print Orders
In general, the CC receives a print preview before the printing procedure of the goods is being started. The print preview is for guidance only. There may be a slight difference in the colour of the print and the colour of the textiles or other products. Variations in the positioning of the logo and the logo size or the size and cut of the fabric are also possible.
The CC has the responsibility over the content of the print files as well as errors within those. Korntex® is only responsible for mistakes if the printed result differs to a great extent from the print preview. In this case, Korntex® reserves the right to accept the goods at their own expense back to correct the error and deliver the desired goods.
VIII Reprimand of Comercial Customers
Complaints due to incomplete or incorrect delivery or visible defects must be claimed immediately after the delivery of the Korntex® goods in written form. In case of hidden defects or shortages not later than five days. This obligation also applies to third parties, who were named by the CC as a receiver (branches , customers , processors , etc.). The CC has to inform third parties of this reprimand.
For defects that traceably have occured before the transfer of the goods, Korntex® reserves the rights to decide whether the goods will be repaired or replaced. Defective items must be sent to Korntex® upon request. If Korntex® is unable to repair or replace the goods within a reasonable period of time, the CC may withdraw from the contract. For covering purchases, which the CC undertakes without the consent of Korntex®, Korntex® is not liable, especially in the case when Korntex® was not given the chance to repair or replace the goods. Claims for damages are excluded , unless they are based on intent or gross negligence.
IX Return Plocy
The CC can return the goods in the unaltered state within a period of 14 days without giving a reason. In this case Korntex® credits the CC the invoice amount minus a handling fee of 20% of the value.
In the case of a cancellation prior to delivery Korntex® credits the CC the invoice amount minus a cancellation fee of 15%.
Shipping costs or surcharge for small quantities cannot be refunded.
Individually wrapped products can only be withdrawn if still originally wrapped.
Refined goods cannot be replaced or returned. In case the CC already "sold" the products, he can contact Korntex® to enquire whether the goods can be bought back.
X Retention of Title
Korntex® retains title to the goods until full payment of the purchase price. The CC may not pledge the goods to third parties until full payment of the purchase price .
XI Quantity and Material of Title
Korntex® reserves to rights to deviations in terms of colour, material thickness and execution. Details of the products are descriptions and no binding properties.
XII Usage of Client Names for References
Korntex® expressly reserves the right to publish company names or logos of customers for example in the form of a reference list.
XIII Severability Clause
If one these assignations is invalid, the remaining assignations shall remain unaffected. The invalid assignation shall be replaced by a assignation which comes as the spirit and purpose of the ineffective assignation in a legally effective manner. The same applies to any loopholes.
The cession of any claims the CC has due to the business relationship with Korntex® is excluded.
All disputes arising out of or in connection with treaties based on these Terms and Conditions shall be settled by the courts , which are responsible for the headquarters of Korntex®. Korntex® is also entitled to sue the headquarters of the CC.
XVI Applicable Law
For all contracts concluded on the basis of these Terms and Conditions shall apply substantive German law.