Terms & Conditions

We sell exclusively according to the following conditions: This applies for the current transaction as well as for all subsequent transactions with the purchaser. Conditions of our customers which deviate from these are only binding on us if we expressly recognise them in writing. The most up-to-date version of the Standard Conditions of the German Textile Industry (Einheitsbedingungen der deutschen Textilindustrie) applies as our conditions of sale with the following deviations and addendums:

1. Place of jurisdiction (variation of Section 2)
Ravensburg is the exclusive place of jurisdiction for all disputes relating to and stemming from the contract, including special procedures deciding claims out of a bill of exchange and actions for asserting a claim concerning payment of a cheque. However, the seller also has the right to take the purchaser to court in a valid place of jurisdiction of the latter. If the purchaser is not a registered trader, a government entity, or a special governmental estate, but has a general place of jurisdiction in Germany, then this agreement on the place of jurisdiction applies:
a) in the case that the purchaser moves its registered office or normal place of residence outside of the Federal Republic of Germany after the conclusion of the contract, or the normal place of residence is not known at the time of taking legal action.
b) for asserting claims by means of judicial dunning procedure.

2. Placing an order (addendum to Section 3)
An order only becomes binding on the seller once the seller provides a written confirmation. For orders which can be delivered immediately, the invoice functions as an order confirmation. An objection on the part of the purchaser in relation to the order confirmation is only valid if it is received by the seller within two weeks of order confirmation being issued.

3. Excess deliveries and short deliveries (addendum to Section 3)
The seller is entitled to adapt the order quantity to standard packaging units. If articles are custom-made or undergo special processing as a result of special wishes from the purchaser concerning shapes, motifs or colouring, then the purchaser is obligated to accept excess deliveries or short deliveries that deviate +/- 10% from the order quantity.

4. Call-off orders (addendum to Section 3)
The purchaser must, within six months at the latest of the order being made, accept goods from orders that have been placed subject to delivery on call. After the expiry of this deadline, the seller is automatically entitled, according to its own choice, to issue an invoice for the remaining goods or to withdraw from the contract concerning these goods.

5. Notice of defects (variation of Section 6)
In terms of hidden defects, the written notice of defects must be made without delay and at the latest within 6 months after the goods have been received. The burden of proof for demonstrating that the defect is a hidden defect lies with the purchaser. For knitted goods, the technical delivery conditions for knitted fabrics apply. Notices for defects are ruled out for orders of special items. Justified objections that are made on time only lead to the purchaser having a right to have the defect remedied or to receive a replacement good within two weeks of the good being returned (or within a technically determined longer deadline).
Claims for damages are ruled out; this also applies if the delivered goods lack a characteristic that has been guaranteed. Goods which are objected to may only be returned with the express approval of the seller.
 


Phone: +49 7584 926-0
Fax: +49 7584 926-260
E-Mail: info@moll-textil.de