Terms and Conditions of sale and delivery

1. Validity
2. Colour and Size data
3. Copyright
4. Ownership
5. Responsibility for defects
6. Ordering Online
7. Prices
8. Returns
9. Delivery

10. Delivery Abroad
    
11. Method of Payments
12. Late Payments
13. Contractual Rules
14. Court Register
15. Severance Clause
16. Supplier Information
17. Contact for Technical Services
18. Added Documentation

1. Validity
All offers, orders and deliveries are due to our general Terms and Conditions. The contractual agreement will be either in German or English language. Any changes need written consent. Possible differences from our Terms and Conditions are herewith excluded.

2. Colour and Size data
Colour names and numbers, as well as sizing mentioned in our publications (catalogue, internet) are not subject to any norms. The same goes for sizing printed on textile-labels. Conclusions to certain sizes or generally valid colourings are not possible and do not denote a reason for complaints.

3. Copyright
With the actual order the, the ordering party confirms, that he resigns any rights to third parties, which could hinder or prohibit the rightful fulfilment of said order. He adopts full liability and frees Maprom GmbH from all claims and requests of third parties, in particular of those concerning competition and copyright. The rights to Maprom established designs, sketches etc. are solely owned by Maprom GmbH.

4. Ownership
all deliveries take place under the reservation of proprietary rights. The delivered goods stay the property of the supplier until full payment of the sale-price is received, as well as any other payment still outstanding under the current supplier-customer-contract. The buyer has the right to sell the goods under the legal arrangements in an orderly fashion. He instigates a transfer of claims against his buyer from the sale of the goods as security for Maprom. The buyer is authorized and under obligation to collect outstanding invoices, as long as the seller does not revoke the authorization. The direct debit authority expires without the formal declaration of the seller, if the buyer is terminating his payments. The seller will not implement his mandate of direct debit, as long as the buyer complies with his payments in an orderly fashion.

5. Responsibility for defects
Please take into consideration, that with refinement processes, there is a chance of a 3% over- or under-delivery. Defects or faults of a part of the delivery does not justify objection to the entire delivery. Registered complaints do not justify detaining due payments. Binding for the quality of goods delivered, are the values given for the samples offered for approval. We reserve the right to negligible differences in quality and deliveries, if unavoidable because of technical reasons. If the defects are due to a fault of ours, we take responsibility, either via repair, replacement delivery or credit-note. Claims to lesson the order or lessen the buying price are excluded. Claims for the award of damages for whatever reasons are also excluded. This applies also to follow-up defects, in particular damages to persons, property or the interruption of operations. We do not assume liability for any advice given. The client is therefore not freed from his personal control obligations.

6. Ordering Online
You can order in our online-shop by:

1. placing articles in your shopping-basket
2. registering latest when entering the shopping-basket territory
3. provide delivery information, or provide a differentiating delivery address
4. provide details of your method of payment
5. on the control page confirm the correctness of your given data, or pressed the button “order” or “send”.

There are no limits concerning minimum orders.

7. Prices
Without being registered in the online-shop, all prices include the legal German VAT of 19%. After registering for the online-shop, Net-prices are shown and separately the amount of the 19% VAT. For online orders from Germany and Austria and a net value of goods from 100,-- € up: Delivery carriage free within Germany and Austria plus packing charges. Below 100,-- € net value of goods or online orders not from Germany or Austria: standard delivery carriage by UPS at the prices mentioned in our delivery costs table plus packing charges.
Added will be also the costs for transportation, which are determined by weight. General prices are shown without transportation costs.
A list of transportation costs are to be found in our shipping costs index. Prices are valid on the date of order. Prices applying for a specified period of time, can be found on the specific pages in our web-shop.

delivery costs table.

Despite careful stocking in our warehouses, the occasion can arise, that special campaign articles are sold out faster then expected. Therefore , we cannot give any delivery guarantee on those items. The offer stands for: “Whilst stocks last”

8. Returns

9. Delivery
We deliver world-wide. Our delivery-costs can be viewed in our delivery-costs-index.

Delivery costs table

Delivery-Costs-Index: Depending on the country customs-duties may apply. If there should be a delay in delivery, we will inform you immediately. If an article should not be available, we reserve the right of delivery. In this case, we will inform you accordingly and replace any already received payment quid pro quo, (as long as we agreed to your order)

9.1 forwarding expenses with subsequent deliveries
If the customer already recognises with the order in the web shop, that the completely ordered amount is not available currently
and if the customer expressly wishes part deliveries, the subsequent deliveries, wich 100,00 EUR net goods value do not cross, doesn´t
occur "carriage free".

10. Delivery Abroad
All deliveries abroad are legally bound to our Terms and Conditions of sale. All rights which evolve out of the contractional relationship are reserved to the German Courts of law. In case of us having to take legal action abroad, in order to establish our rightful claims, the buyer declares himself legally bound to pay for all court's and legal costs inclusive of those for solicitors employed. Foreign clients accept these conditions as agreed when placing an order.

11. Method of Payments
Date of invoice is the date of delivery. The usual conditions of payment are: 30 days net without any deductions. We reserve the right to check the credit-rating of the client via a credit-rating-investigation-company. We further reserve the right to deliver the goods only under with the client agreed conditions, in difference to the usual payment conditions. Offsetting moneys due against client's counter-claims is excluded in all cases, unless the counter-claims are rightful and undisputed. We are entitled to transfer our claims derived from deliveries and performances for financial purposes.

12. Late Payments
late payments will incur arrears-fees of up to € 10,00 per overdue-notice, plus interest at a rate of 10% per annum. If payment is not received after the over-due-notice, and in the therein stated time-frame, all open accounts of the client become due immediately. All claims will then be transferred to a debt-collecting-agency. Costs occurring from this process will be borne by the person or persons liable to pay.

13. Contractual Rules
You are issuing a binding contract, when pressing the button”order” after having run through all demands of the online-ordering-process. After having sent your order, we will send you an e-mail stating the receipt and all details of your order. This statement does not constitute our acceptance of the order, but simply confirms the receipt. The sales-agreement is being confirmed, when the confirmation of order has been sent. Latest until your delivery, you will receive from us all necessary client data, which you ought to print out and file for your records.

14. Court Register
The court of Law for legal actions concerning all documentation and draftsfor acceptance of payment, is Höxter, we reserve however the right, to institute proceedings against the buyer at any other Court of Law.

15. Severance Clause
Should any singular statement of these terms and conditions be, or will be void, partially or as a whole, or should they contain regulation-gaps, then the validity of remaining rules or part thereof will remain unaffected. The usual legal rules will substitute those that are legally void.

18. The following documents are added to these terms and condition:

Datasecurity
Delivery and shipping conditions
Delivery costs table

Höxter, 08.07.2008
MAPROM GmbH, 37671 Höxter