The following terms and conditions are always the basis of each single contract between Percenta AG and their contractual partner and become valid and are accepted from placing an order or accepting Percenta goods. We are a retail and wholesale business based in Glücksburg, Germany.
Orders are accepted by confirmation or execution. We reserve the right to change products, especially when adapting to the technical progress.
All prices are ex warehouse in Germany exclusive of standard packaging and shipping or delivery.
Payments become due immediately after delivery and date of invoice. After the expiry of the 10-day deadline for payment, the purchaser is in default with regard to payment and must pay interest on the debt of 5% above the valid base rate pursuant to section 247 of the German Civil Code. Default of payment entitles Percenta AG to call back already delivered goods and to claim damages.
We are entitled to withdraw from the contract and to detain any performance on justified doubts of solvency caused by considerable deterioration of the customer's pecuniary circumstances. In this case Percenta AG is also entitled to demand advance payments or security payments or, after providing an appropriate notice period, to withdraw from the contract. Customers have the right to withdraw from the purchase at any time until time of delivery, when nothing else is agreed in written form. Reasons for withdrawing are not required.
All delivered goods remain the property of Percenta AG until paid for in full. The purchaser is only allowed to resell the goods in duly transactions. When paying by direct debit, the debt is considered to be cleared, after the final irretrievable credit in one of the accounts of Percenta AG In this case Percenta AG reserves the right to extend title retention.
Delivery details are only confirmed in writing. If Percenta AG exceeds the agreed deadline of delivery, the customer is entitled to withdraw from the contract after setting an appropriate final deadline. Percenta AG cannot be prosecuted in the event of the occurrence of contingencies beyond the reasonable control of Percenta AG, including without limitation, acts of God, refusal, restriction, fire, explosion, flood, emergency repair or maintenance, breakdown, strike, lockout, labour disputes, war, riot, lack of raw material, energy or transportation problems or any other event interfering with the production, supply and transportation.
Claim for damages of any kind against Percenta AG is limited to intention or culpable negligence of Percenta AG or other employees.
There is a 6 month warranty from the date of invoice. To garantuee the warranty the goods have to be free from defects after delivery. Delivered goods have to be checked for defects or damages immediately after receipt. Any damages or defects shall be reported in detail to Percenta AG within 48 hours after receipt of the goods. Any subsequent reports cannot be accepted. Damaged or defect goods shall be returned to Percenta AG in Gluecksburg at the customer's risk and cost. In the case of entitled reclamation, the customer shall have the choice of remedying of the defect, supply of a replacement, or refund. In the case of unentitled reclamations in which defects cannot be comprehended/reproduced the customer has to pay a handling fee. The current valid hourly rate is € 120 + German VAT. The minimum rate is 15 minutes = € 30 + German VAT plus shipping and handling. Any claims for damages from the purchaser for whatever principle of law, indirect or direct in connection with the order, delivery or use of Percenta AG products, are excluded. Any claims about the absence of attributes/features can only be demanded in single cases in which the attributes/features have been assured explicitly in written form. Any liabilty for consequential damages or defects is explicitly excluded. In the case of amendment, the original time and terms of warranty are not affected. When reselling Percenta AG products, the purchaser is prohibited to refer to any legal and/or contractual claims of guarantee from Percenta AG
Any assignments of rights and duties of this contract from the purchaser to a third party has to be aggreed to in written form by Percenta AG Any oral agreements are excluded. The contract of sale includes all agreements of the parties and replaces any previous agreements referring to the subject matter of the contract. Any changes and additions of this contract are only valid when an accessory contract has been signed by both parties.
The nullity of single or several provisions of this contract will not affect the validity of the remaining cotractual provisions.
All contractual business is regulated by German law, not regarding other national rights and the international law on sales (EKA, EKAG, both dated 17/07/1973).
All offers by Percenta AG are principally without any commitments and non-binding.
Orders are accepted by written confirmation or execution. All confirmed prices are binding. All other prices are subject to price fluctuation. The right to change products, especially when adapting to the technical progress is reserved.
Place of fulfilment and place of legal domicile is Flensburg (Germany).