TERMS AND CONDITIONS 1. The following conditions apply to all offers and conclusion of contracts with the company Orgelbau Stüber Berlin (hereinafter "Contractor"). General Terms and Conditions and/or Purchase Terms of the Principal shall not be valid so long as the Contractor has not explicitly recognized them. 2a. The Contractor indemnifies the Principal during the statutory warranty period. Any defects during the warranty period shall, however, be corrected by the Contractor at the Contractor's own expense and choice. If the corrective measures fail, the right of conversion (cancellation of the purchase agreement) of the customer, according to their express wish, is reinstated. Operational errors and cleaning work are not covered by the warranty. 2b. Additionally, the Contractor grants the original purchaser a 10-year material warranty from the date of sale for the instruments. In regards to the material warranty, the repair shall be carried out without any material or replacement part calculations. 3. All work on the product shall be performed only with the express permission of the Contractor. If changes are made to the product, return of the product is then precluded. 4. Claims for damages or reduction are excluded. 5. Insofar as goods for musical organs are concerned, these must be stored at a relative humidity above 50%! Tuning and intonation are done through sophisticated quality management. Due their specific features, any warranty concerning the aforementioned must be excluded. 6. All transportation, including any returns, is done at the expense of the Principal. Returns due to incorrect delivery are excluded. Packaging are non-returnable. 7. For goods sold and services rendered, advanced payments may be arranged. Delivery of stored goods shall be made within three (3) days after receipt of payment or by agreement. At the time of performance, an applicable value added tax (VAT) of 19% for deliveries within the EU is applied. No VAT tax is applied for deliveries outside of the EU. 8. An interest rate of 11% per annum shall be assessed for all late payments. 9. Delivered goods shall remain the inalienable property of the Contractor until the final payment has been made in full. 10. All information on dimensions and weights is given to the best of the Contractor’s knowledge. There may be slight variations due to technical changes of the instruments. 11. Due to the specific features of a barrel organ, there may be deviations in the memory strips for well-known melodies. They do not represent deficiencies/defects. Goods that are returned for this reason will be accepted only with prior agreement and with complete takeover of all shipping costs by the Principal. 12. The laws of the Federal Republic of Germany shall exclusively apply for all contracts concluded with the Contractor. 13. Place of performance and jurisdiction: Berlin 14. Should one or more of these conditions be wholly or partially invalid, the validity of the remaining provisions/ conditions shall not be affected. Berlin 15/10/2014
|