AGB

Our Terms and conditions:

I. Definition, Scope

1. The following terms and conditions apply exclusively. They do not apply to consumers. Contrary or deviating terms and conditions of the purchaser of the Friends of training in the Gambia Association, FBiG eV (hereinafter referred to as FBiG not recognize eV) to, unless he has expressly agreed in writing. The following conditions will apply even if FBiG eV in their knowledge of conflicting or deviating conditions of the purchaser, the delivery to the purchaser without reservation. 
2. By amending these conditions or agreements are only effective if they are confirmed in writing by FBiG eV. 
3. These conditions also apply to all future deliveries.
II offers, order confirmation
1. If an order qualifies as an offer according to § 145 BGB, FBiG eV may be accepted within 4 weeks. 
2. A supply agreement unless and until any written confirmation, no later than the dispatch of commodities. A transmission by electronic data is sufficient in writing. Can demonstrate FBiG eV by producing a delivery report, which she has sent a statement by fax or data transmission, it is presumed that the purchaser has received the statement. 
3. Unless FBiG Association for the purpose of concluding a contract or a tele-operated media services, the Buyer waives a statement of the ordinance according to Article 241 EGBGB certain information, as well as a confirmation of receipt of the order. Electronically transmitted orders are only to be deemed received when they were retrieved and open FBiG eV. FBiG eV reserves the right to cancel orders opened the same.
III. Prices - Payment Conditions
1. All prices from FBiG eV are from stock plus the legal effect at the time of invoicing VAT. 
2. Price changes are permitted, if between the contract and the agreed delivery date more than six weeks. Increase thereafter until the completion of the supply, wages, material costs or the market cost price, then we are entitled to increase its prices commensurate with the growth in costs. 
3. Unless there is FBiG eV without a legal right of the buyer - take back goods delivered back € FBiG eV calculated for the additional expenditure incurred by a restocking of 20% of the value of at least 15, -. 
4. For small orders below a net value of € 50, - is levied by a surcharge. 
5. Unless otherwise agreed, payment on delivery, due no later than the invoice receipt. Invoices, unless any other arrangements have been made without deductions payable. Notwithstanding the above FBiG eV always entitled to without having to specify any reasons, a shipment from a train to train payment. 
6. As a day of payment by any payment, the date on which FBiG eV or third parties against the FBiG Association shall have a right to dispose of the amount. 
7. Right to offset the buyer only if his counterclaims have been legally established, undisputed or acknowledged by FBiG eV. In addition, the purchaser to exercise a lien is authorized insofar as his counterclaim is based on the same contract. 
8. In addition to the statutory requirements, the customer may be discontinued after the due date by reminders. If the due date calendar date is determined, if the Purchaser without reminders. In case of default of the Purchaser FBiG eV is also entitled to retain all supplies or services.
Retention of Title IV
1. FBiG eV reserves the ownership of the delivery items until all payments from the business relationship with the customer. 
2. The assertion of the retention and the seizure of the goods delivered by FBiG eV does not constitute withdrawal from the contract, unless this is explicitly stated in writing by FBiG eV. 
3. The buyer is entitled to sell the items delivered in the ordinary course of business, he joined FBiG eV, however, already now all claims in the amount of between FBiG eV and the Purchaser agreed purchase price (including VAT) which the purchaser from the resale of person, namely regardless of whether the delivery items are resold without or after processing. To collect these receivables the customer is empowered under its assignment. The power of FBiG Association to collect the claims ourselves remains unaffected, but FBiG Association undertakes not to collect the debts as long as the customer meets his payment obligations correctly and is not in arrears. If this is the case may require FBiG eV, which gives the buyer the assigned receivables and their debtors, to collect all information necessary, the related documents and notifies the debtors (third parties) of the assignment. 
4. The processing or transformation of the goods by the customer is always done for FBiG eV.The delivery items are processed with other goods not belonging FBiG eV, so FBiG Association will acquire the new goods in proportion to the value of the goods delivered to the other processed goods at the time of processing. 
5. If the delivered goods with other FBiG eV objects not belonging to us, then FBiG Association will acquire the new goods in proportion to the value of the objects of the other objects. The customer holds the joint ownership of FBiG eV 6th The customer may neither pledge the delivery items, by way of security. When seizure, confiscation or other dispositions by third parties, the buyer FBiG eV notify without delay and to provide it with all information and documents that are necessary to protect their rights. Enforcement officials and others have pointed to the property of FBIG eV. 
7. FBiG eV required to release the securities due to the extent requested by the Purchaser, such as the value of secured claims, if they have not yet been settled by more than 20%. The selection of securities to be released FBiG eV
V. deliveries, delivery
1. The adherence to agreed delivery and service dates assumes that all technical issues have been resolved and payments or other obligations of the Buyer or will be timely fulfilled. If not, the period shall be extended appropriately. 
2. FBiG Association will supply the purchaser subject to the timely and correct self to deliver. 
3. Partial deliveries are permissible to the extent arising from any disadvantages for use. 
4. FBiG eV reserves at more consumer goods - and of up to 10%. 
5. If delivery is delayed at the request of the customer, the goods will be held at the risk and expense of the purchaser at FBiG eV. 
6. With regard to the dimensions specified for the delivered items reserves FBiG eV for the standard deviations, unless compliance with the measure is expressly guaranteed. 
7. The delivery period is extended for force majeure, strikes, inability and unfavorable weather conditions for the duration of the disability. 
8. If the customer defaults on acceptance or violates other cooperation obligations, FBiG eV is preferable to other authorized third-party orders and to reasonably extend the delivery time. Without prejudice to further claims FBiG Association is entitled to demand that regard resulting damages, including any additional expenses.
VI. Delay
1. If FBiG eV in delay in delivery, then the buyer is entitled to payment of a liquidated damages claim. This is set at 0.3% of the purchase price for each full week of delay, but not exceeding 6.0%. 
2. If there is FBiG eV with a partial delivery in arrears, calculated that this liquidated damages claim based on the purchase price was not yet taken part. 
3. The buyer loses the right to payment of liquidated damages claim, if he fails to assert within six months from the date on which delivery should have taken place. 
4. The assertion of a claim for damages in excess of the liquidated damage is excluded, unless FBiG eV would have caused the delay, either intentionally or through gross negligence, or loss resulting from delay would be the result of a fundamental breach or default by the body would be a life or health violation occurred.
VII shipping - Transfer of risk
1. Unless the order confirmation states otherwise, delivery will be at the expense of FBiG eV Dispatch is at risk and expense of the purchaser. This also applies to all returns. 
2. Transportation and all other packaging are not returnable.
VIII Rights
1. The buyer agrees to FBiG Association of property rights claims of third parties regarding the products delivered without delay to inform and leave FBiG eV at their expense, the legal defense.FBiG Association is entitled to perform due to the property right claims of third parties necessary changes at his own cost, even when delivered and paid for the goods.
IX. Warranty / Damages / Liability
1. Obvious defects must be immediately shown to FBiG eV and reprimanded. As far as a present from FBiG eV to defect, is at the option of FBiG eV repair or replacement. In case of re FBiG Association is obliged to take all necessary for the purpose of repairing the defect, including costs of transportation, roads, labor and material costs to the extent such costs are not increased by the fact that the goods have been transported to another place of performance. 
2. If the remedy fails, the Purchaser is entitled to demand a reduction of the corresponding payment for this order or to withdraw from the contract. Had the buyer FBiG Association set a reasonable time limit, he may require in accordance with the following provisions for compensation instead of performance or reimbursement of expenses. As far as the purchased item is missing a warranted or guaranteed property that is liable FBiG eV in accordance with statutory provisions. 
3. Is not responsible for faults FBiG eV has to be excluded warranty, unless it is to the absence of a warranted or guaranteed status. 
4. Claims under § § 437, 634a Civil Code will expire one year from the transfer of risk, unless it is about things that have been used in accordance with their normal use for a building and have caused the defect. 
5. FBiG eV is liable under the law, if the buyer makes an injury to life, limb or health or damage claims based on willful misconduct or gross negligence, including intent or gross negligence of the representatives or agents of FBiG eV. Where FBiG eV has acted with gross negligence, the liability for damages is limited to foreseeable, typically occurring damage. 
6. FBiG eV is liable under the law, if FBiG eV culpably violated an essential contractual obligation, in this case, however, the obligation to pay damages to the foreseeable, typically occurring damage. 
7. Moreover, the liability for damages is the exception for whatever legal reason, excluded from the regulated elsewhere in delay damages. In that regard FBiG eV is not liable for damage not caused to the goods themselves.
X. Performance, Jurisdiction, Applicable Law, Miscellaneous
1. Unless otherwise expressly agreed, is the headquarters of FBiG eV performance. 
2. If the customer is a merchant, legal entity under public law or public law institution assets, the Association of the court with jurisdiction for the seat of FBiG court. FBiG eV is entitled to sue the customer at his general jurisdiction. The same applies if the customer has no general jurisdiction in Germany, has relocated after the contract is domiciled or habitually resident in the foreign country or his domicile or habitual residence at the time the action is not known. 
3. If any provision of these terms or part of any provision be or become invalid, the remaining provisions or the remaining part of the provision remain in effect.
XI. Foreign contractor
If the contractor is established outside the Federal Republic of Germany shall be subject to the exclusive use of German law, the aforementioned regulations unless otherwise is provided below. 
1. Warranty / Indemnification / Liability 
1.1. Obvious defects must be immediately shown to FBiG eV and reprimanded. As far as a present from FBiG eV to defect, is at the option of FBiG eV repair or replacement. In case of re FBiG eV is required to take steps necessary for the purpose of repairing the defect cost of labor and materials to the extent such costs are not increased by the fact that the goods have been transported to another place of performance. The amount of reimbursement of expenses to be limited to three times the value of the defective item. 
1.2. If the repairs or replacement, the Purchaser is entitled to require the reduction of the corresponding payment for this order or in the event of a substantial failure by the repeal of the contract. 
1.3. Has FBiG eV the defect is not responsible, warranty coverage is excluded. 
1.4. FBiG Association owes a bill of debt, so in the case of defective a replacement for delivery. 
1.5. FBiG eV is liable under the law, if the customer damage claims based on intent. 
1.6. Moreover, the liability for damages is excluded. In that regard FBiG eV is not liable for damage not caused to the goods themselves. 
1.7. The warranty period is one year from the transfer of risk.
2. Reprimanding period, exceeding the warranty period 

2.1. Hidden defects must be notified within 10 days after detection. 
2.2. For defects that are discovered after the warranty period, there are no warranty claims.

Updated May 2006