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Terms of Trade
GENERAL CONDITIONS OF SALE OF USABLES
The following conditions apply in the version valid at the time of the order for all contracts, deliveries and other services of Usables GmbH with tradesmen. Deviating general terms and conditions of the customer are expressly contradicted. Agreements deviating from these conditions must be in writing.
This website and its offers are directed exclusively at traders who acquire the goods in their independent, professional, commercial, official or official activity (hereinafter: “customers”).
Conclusion of contract
Upon receipt of the order, the customer submits a binding offer to purchase the designated goods at the specified conditions. The contract is only concluded with the order confirmation from Usables.
The order will be processed immediately after order confirmation. The obligation to deliver is not applicable if usables itself is not supplied correctly and on time and is not responsible for the lack of availability. In case of non-availability, the customer will be informed immediately by Usables and any advance payments will be refunded immediately.
Proofs and release for printing
For each print job, the customer receives a free proof as a PDF file by e-mail. The galley proof is to be checked in detail and then returned immediately. Corrections and changes requested subsequently will be charged separately. After your approval for printing on the basis of the galley proof, the part of the order dealing with the preparation for printing is completely fulfilled.
The liability of Usables and its vicarious agents for damages due to injury to life or health is unlimited. The liability for damage claims is otherwise limited as follows: Usables is liable for damages caused by slight negligence only if the violation of a contractual obligation (so-called cardinal obligation) is given. These duties are such contractual obligations that make the proper execution of the contract possible in the first place and on whose compliance the contractual partner could trust. In these cases, liability is only assumed in the amount of the damage typically to be expected. Otherwise, liability for slight or simple negligence is excluded; Usables is only liable for gross negligence and intentional action.
Complaints and supplementary performance
The warranty complies with the legal requirements, starting with the date of delivery. In the event of a defective delivery or service, Usables GmbH undertakes, at our discretion, to repair or replace the demonstrably defective parts or groups of parts free of charge. 12 months warranty period for business customers. Usables GmbH offers a 12 month warranty for demonstration or used equipment. The buyer must send in the goods for repair. The expenses for the dispatch are at the expense of the buyer. The above obligation refers to the part that is necessary to remedy the defect. Any further claims (including compensation for consequential damages) are excluded. Packaging, transport and travel costs on the occasion of a rectification of defects shall be borne by the purchaser. The customer shall initially keep the rejected items on site or, on request, send them to our works at his own expense and risk. The parts removed for the purpose of replacement become the property of Usables GmbH. Any liability for defects is void as long as the buyer is in default or if the delivered goods have been improperly handled or if repairs or other changes have been made to them by the buyer or a third party without our consent or if they have been resold by us before the notification of defects was acknowledged. The same conditions apply to the delivery of replacement parts as for the original performance. Usables GmbH is not liable for the loss of data.
Slight customary colour deviations from the illustrations in the catalogue in relation to the originals are unavoidable for technical printing reasons and are reserved.
Prices – Terms of payment
Our prices quoted in the offer are subject to the reservation that the order data on which the offer is based remain unchanged. Our prices are quoted “ex works”. Value-added tax is not included; this is shown separately at the rate applicable on the date of invoicing. Dispatch packaging, freight, postage, shipping costs and insurance are charged separately.
Unless otherwise stated in the order confirmation, delivery is agreed “ex works”. Shipment is carriage forward and generally on account, unless otherwise agreed. The customer is obliged to pay the purchase price net (without deduction) within 10 days. After expiry of this period, the customer is in default of payment. The assertion of defects or reductions shall not affect the due date of the remaining purchase price payment. Defects of a part of the entire delivery. After the occurrence of the default, the customer shall pay interest on the money debt at a rate of 8% above the base rate. We reserve the right to prove and claim higher damages caused by default.
The customer shall only be entitled to offsetting rights if his counterclaims have been legally established, are undisputed or have been recognised by us. He is entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
We can adjust practiced but not agreed payment terms at any time with a reasonable period of notice.
In the case of advance payments on our part, in particular further payments, we are entitled to demand security and to make our performance dependent on this. This applies in particular if doubts arise about the customer’s creditworthiness, shortfalls or liquidity gaps or if the original credit volume increases. We are entitled to invoice partial deliveries as special transactions. If our terms of payment are not met or if other events occur at the customer’s premises which make his creditworthiness appear doubtful or if we only become aware of such circumstances existing prior to the conclusion of the contract at a later date, we may, without prejudice to our other legal rights, make further deliveries from the same legal relationship dependent on advance payments for the duration of the payment arrears until the outstanding claims arising from such deliveries have been settled.
Reservation of title and extended reservation of title
The delivered goods remain the property of Usables until full payment of the invoice amount. The buyer is entitled to resell the delivered goods in the ordinary course of business. However, he already now assigns to Usables all claims which accrue to him from the resale against the buyer or against third parties. The buyer is authorized to collect these claims even after the assignment. The authority of Usables to collect the claims itself remains unaffected by this; however, Usables undertakes not to collect the claims as long as the buyer fulfils his payment obligations properly. Usables can demand that the buyer informs him of the assigned claims and their debtors, provides all information necessary for the collection, the and informs the debtors of the assignment. If the delivery item is resold together with other goods which do not belong to Usables, the claim of the buyer against the purchaser is considered assigned to the amount of the delivery price agreed between Usables and the buyer.
Place of performance and jurisdiction
Place of performance for delivery and payment is Düsseldorf.
Alle Motive, Abbildungen, Karten, Gestaltungen und Kataloge sind urheberrechtlich geschützt und dürfen ohne die ausdrückliche, schriftliche Zustimmung von Usables nicht verwendet werden, insbesondere weder kopiert noch elektronisch verwertet werden.
The catalogue – printed as well as online version – is a publication of Usables . Possible misprints, errors and other mistakes as well as changes are reserved. Reprints, copies (also in extracts) require its written permission.
Data protection notice
We respect the legal regulations when collecting, processing and using your data. As far as necessary for the handling of the order process, the data will be stored, processed and if necessary passed on to our service provider.
To the extent permitted by law and while safeguarding your interests, we may use your data for credit checks and forward it to service providers such as SCHUFA AG. For the purpose of self-advertising, we may, within the framework of § 28 paragraph 3 of the Federal Data Protection Act, pass on to our service provider professional data recorded in a list for the purpose of advertising (so-called list privilege). You can informally object to the storage, processing or use of your data at any time. Your data will then be deleted immediately.