Legal Disclosure
Information in accordance with Section 5 TMG

BALADA & CO.
BALADA GmbH
Auweg 1a
82439 Grossweil
GERMANY

Represented by: Christian von Petersdorff, Iris de Graaf

Register entry
Entry in the Commercial Register
Register court: Amtsgericht Muenchen
Register number: HRB 267693

Contact Information
Telephone: +49 (8851) 940 1275
E-Mail: info@balada.de
Internet address: www.balada.de

VAT number
VAT indentification number in accorance with Section 27 a of the German VAT act

DE344846910

Disclaimer
Accountability for content
The contents of our pages have been created with the utmost care. However, we cannot guarantee the contents’ accuracy, completeness or topicality. According to statutory provisions, we are furthermore responsible for our own content on these web pages. In this matter, please note that we are not obliged to monitor the transmitted or saved information of third parties, or investigate circumstances pointing to illegal activity.
Our obligations to remove or block the use of information under generally applicable laws remain unaffected by this as per §§ 8 to 10 of the Telemedia Act (TMG).

Accountability for links
Responsibility for the content of external links (to web pages of third parties) lies solely with the operators of the linked pages. No violations were evident to us at the time of linking. Should any legal infringement become known to us, we will remove the respective link immediately.

Copyright
Our web pages and their contents are subject to German copyright law. Unless expressly permitted by law, every form of utilizing, reproducing or processing works subject to copyright protection on our web pages requires the prior consent of the respective owner of the rights.
Individual reproductions of a work are only allowed for private use.
The materials from these pages are copyrighted and any unauthorized use may violate copyright laws.

source: Übersetzungsbüro translate-24h.de

For further information about our privacy policy follow the link:

Privacy Policy

 

Terms and Conditions

 

§ 1 Application

(1) These terms and conditions of sale shall apply

exclusively. Differing or contrary terms shall not apply

except if expressly agreed upon in writing.

(2) These terms and conditions of sale shall also govern

all future transactions between the parties and shall

also apply if we perform delivery despite our

knowledge of differing or contrary terms.

(3) These terms and conditions of sale shall only apply

vis á vis entrepreneurs, governmental entities, or

special governmental estates within the meaning of

sec. 310 para. 1 BGB (German Civil Code).

 

§ 2 Offer, Acceptance, Changes

(1) Our offers shall not be binding; in particular with

reference to quantities, price and delivery time.

(2) Orders placed by the Buyer shall not be regarded as

accepted until these have been confirmed to us in

writing. If we should fail to confirm an agreement in

writing which we have entered into verbally or in a

telephone conversation, then our invoice shall be

regarded as confirmation.

(3) According to equitable discretion and within the

scope of general product improvements and

modifications in the production process (e.g. modified

materials), we reserve the right to produce and deliver

our products in a slightly different way to those

ordered by the buyer. Furthermore it should be noted

that images of our products shown in brochures, flyers

or catalogues or on websites may vary from the final

product. The indicated dimensions are only

approximate, never exact.

 

§ 3 Prices, Payment

(1) Prices are “ex works”, exclusive of the respective

statutory VAT and exclusive of costs for packaging,

except as otherwise expressly agreed upon.

(2) The purchase price is due and payable net within 10

days from the date of the invoice. From the due date

default interest in the amount of 8 % above the

respective base interest rate p. a. shall accrue. We

reserve all rights to claim further damages for delay.

(3) For every order we reserve the right to demand an

appropriate payment in advance from the Buyer.

 

§ 4 Offset, Right to Retain

The purchaser shall be entitled to offset only insofar as

the purchaser’s counterclaim is acknowledged,

undisputed or assessed in a legally binding judgement.

The purchaser is entitled to claim retainer rights only to

the extent such rights are based on the same

transaction.

 

§ 5 Delivery

(1) The goods shall be transported uninsured and in

any event at the risk of the Buyer. This shall also apply

in cases of any delivery free of charge and regardless of

which means of transport shall be used. Any transport

insurance shall be provided only upon express demand

of the Buyer. Any costs arising therefrom shall be at the

expense of the Buyer only.

(2) The selection of the place of dispatch and the

transport route and the means of transport shall, in the

absence of any written arrangement dictating

otherwise, be subject to our reasonable discretion and

be without liability for the cheapest and fastest

transport.

3) If the Buyer provides the means of transport, then it

shall responsible for its availability on time. We shall

immediately be informed of any delays. Any costs

arising therefrom shall be at the expense of the Buyer.

(4) We shall have the right to reasonable delivery in

instalments.

(5) Our delivery obligation shall at all times be subject

to timely and orderly receipt of the goods from our

own suppliers.

(6) Unless otherwise expressly agreed in writing, any

indicated time of delivery or unloading shall be non-

binding.

(7) Any inability to supply as a result of force majeure or

other unforeseen incidents outside our responsibility

including, without limitation, strike, lock out, acts of

public authorities, subsequent cease of export or

import opportunities and our reservation of timely

supply from on own supplies in accordance with

subsection (5) above shall, for their duration and in

accordance with their impact, relieve us from the

obligation to comply with any agreed time for delivery

and unloading. They shall entitle us to also withdraw

from the Agreement which shall not result in any

compensation claims of the Buyer.

(8) If any agreed time of delivery or unloading shall be

exceeded and there shall be no incident referred to in

subsection (7) above, then the Buyer must specify to us

a reasonable cure period of minimum two weeks. If we

shall fail to meet such deadline also, then the Buyer

shall have the right to rescind the Agreement but shall

have no right to seek compensation for breach of

contract or default unless in cases of willful misconduct

or gross negligence on our part.

 

§ 6 Passing of Risk, Shipment

If the purchaser demands shipment of the goods the

risk of loss or damage to the goods passes to the

purchaser upon dispatch.

 

§ 7 Retention of Title

(1) We retain title to the goods until receipt of all

payments in full. In case of breach of contract by the

purchaser including, without limitation, default in

payment, we are entitled to take possession of the

goods.

(2) The purchaser shall handle the goods with due care,

maintain suitable insurance for the goods and, to the

extent necessary, service and maintain the goods.

(3) As long as the purchase price has not been

completely paid, the purchaser shall immediately

inform us in writing if the goods become subject to

rights of third persons or other encumbrances.

(4) The purchaser may resell goods subject to the

above retention of title only in the course of his regular

business. For this case, the purchaser hereby assigns all

claims arising out of such resale, whether the goods

have been processed or not, to us. Notwithstanding

our right to claim direct payment the purchaser shall be

entitled to receive the payment on the assigned claims.

To this end, we agree to not demand payment on the

assigned claims to the extent the purchaser complies

with all his obligations for payment and does not

become subject to an application for insolvency or

similar proceedings or to any stay of payments.

(5) Insofar as the above securities exceed the secured

claim by more than 10 %, we are obligated, upon our

election, to release such securities upon the

purchaser’s request.

 

§ 8 Warranty

(1) Precondition for any warranty claim of the purchaser

is the purchaser’s full compliance with all requirements

regarding inspection and objection established by sec.

377 HGB (German Commercial Code).

(2) Warranty claims shall be time-barred after 24

months of the passage of risk.

(3) In case of non-conformity of the goods the

purchaser is entitled to alternative performance in the

form of subsequent improvement or delivery of

conforming goods. It is our decision which form of

subsequent fulfilment we choose. If such alternative

performance has failed, the purchaser is entitled to

reduce the purchase price or to withdraw from the

contract.

 

§ 9 Liability

(1) In case of intent or gross negligence on our part or

by our agents or assistants in performance we are liable

according to the provisions of applicable law; the same

applies in case of breach of fundamental contract

obligations. To the extent the breach of contract is

unintentionally our liability for damages shall be limited

to the typically predictable damage.

(2) Our liability for culpable damage to life, body or

health as well as our liability under the Product Liability

Act shall remain unaffected.

(3) Any liability not expressly provided for above shall

be disclaimed.

 

§ 10 Applicable law, Jurisdiction

(1) This contract shall be governed by the laws of the

Federal Republic of Germany (excluding the

Convention on Contracts for the International Sale of

Goods).

(2) Place of performance and exclusive place of

jurisdiction for all disputes arising out of or in

connection with this contract shall be Munich.

(3) In case of discrepancy between the German and the

English version of these terms and conditions, the

German version shall prevail.