Version 01.07.2007

General Terms and Conditions of  Metal-Kids / Tobias Weidhase

§ 1 General

§ 2 Contract Closure and Cancellation

Metal-Kids / Tobias Weidhase is obliged, to accept the purchase order of the Buyer to the conditions set on the web page or the currently valid catalogue. Spelling, printing or calculation errors on the web page or the catalogue set the right for Metal-Kids / Tobias Weidhase to neglect the order.
If the supplier of a certain item to Metal-Kids / Tobias Weidhase does not ship the goods in question although there are contractual obligations, Metal-Kids has the right to neglect the order as well.  
In this case the Buyer will be informed immediately, that the ordererd item is not available. The order amout, which might has been paid already, will be credited immediately. 
The Buyer can cancel the purchase order in writing (e-mail and  fax are accepted as well) or by returning the goods within two weeks. If the order value exceeds 40,00 €, Metal-Kids / Tobias Weidhase carries the cost for the return shipment. It is specifically noted, that Metal-Kids / Tobias Weidhase is entitled to keep money in order to compensate for a reduction of the value caused by utilization of the returned goods.
Worn textiles can not be returned.

§ 3 Shipment

Unless otherwise agreed upon, it is shipped from stock to the shipping address given by the Buyer. Statements regarding the shipping date are not binding, unless the shipping date is specifically confirmed in writing.

§ 4 Due Date and Payment, Over Due

The purchase price is due with placing the purchase order. The amount shall be paid by the Buyer using wire transfer. In case the payment is over due, Metal-Kids / Tobias Weidhase is entitled to claim over due fees being the equivalent of an anual interest rate of 5% above the basic interest rate of the German Federal Reserve (Deutsche Bundesbank). If Metal-Kids / Tobias Weidhase can prove higher damages suffered, Metal-Kids / Tobias Weidhase is entitled to claim these damages.

§ 5 Payment Reduction, Payment Hold Back

The Buyer has the right to reduce the payment being due only, if related counter claims of the Buyer are ascertained by a final court decision or if they are accepted by Metal-Kids / Tobias Weidhase. Additionly, Buyer can execute his right to hold back payments only, if his counter claim results off the same contract.

§ 6 Ownership

Until all claims are fully paid, the ownership of the supplied goods remains with Metal-Kids / Tobias Weidhase.

§ 7 Warranty and Liability

If the purchased item is faulty and Metal-Kids / Tobias Weidhase being responsible for it, Buyer can either claim the supply of a new item or corrective measures to the already shipped item. In case Metal-Kids / Tobias Weidhase is unable to supply a new item / unwilling to conduct corrective actions due to excessive efforts required or one of the above is unduely delayed out of reasons within the responsibility of Metal-Kids / Tobias Weidhase or one of the above fails in any other way, Buyer can choose to cancel the purchase order or to claim a reduction of the purchase price or to claim compensation for damages. Unless otherwise mentioned below, additional claims of the Buyer – regardless out of what legal reasons – are excluded.    
Metal-Kids / Tobias Weidhase is not liable for damages, which are not related to the item supplied; specifically, Metal-Kids / Tobias Weidhase is not liable for lost profit or any other  finacial demages of the Buyer. The liability exclusions or limitations for Metal-Kids / Tobias Weidhase apply for the personal liability of employees and representatives as well. Above mentioned liability limitations do not apply in case of personal damages or if the damages are caused by gross negligance or intent. Liabilty limitations do not apply, if Buyer's claim is based on  „§§ 1, 4 Produkthaftungsgesetz“ or if the claims are based on a guaranteed condition or  if the claim is based on non-performance .
If Metal-Kids / Tobias Weidhase infringe an important duty out of negligence, the compensation for damages (to goods) is limited to the typically occuring damage. The warranty covers twenty four month after ship date. This is a deadline and applies for claimed compensation for damages caused by the faulty product as well, unless claims are made due to tort actions.

§ 8 Applied Law

German law applies, excluding UN-Trade / Commercial Law.

§ 9 Place of jurisdiction

Place of jurisdiction is Düsseldorf

§ 10 Language

The German version of the General Terms and Conditions exclusively applies. The English translation is only of informative character; it has no legal effect.

Imprint

Owner: Tobias Weidhase
Handels-Register-Nr. (Companies House): HRA 19215, Local Court of Düsseldorf, Germany
Court of jurisdiction and place of fulfillment: Düsseldorf, Germany
tax number: 133/5347/1775
purchase tax ID: DE254593376