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the contract between ic! berlin as seller and you the customer as buyer is based on the following conditions unless the buyer explicitly objects to them in writing immediately upon receipt:
§ 1 establishment of contract
offers and price lists are non-binding. orders are to be made in writing. written confirmation of orders is substituted by delivery and/or invoicing. ancillary agreements, modifications or additions are valid only when confirmed by ic! berlin in writing.
§ 2 payment
for initial orders we demand advanced payment. in other respects, payment (net price plus national sales tax and shipping costs) is due 30 calendar days after invoice date.
§ 3 payment failure
if full payment is not received within 3 days of due date, ic! berlin may charge default interest rate of 8% above the prime rate (§ 288 I 1 bgb) without prior notification. in cases of insufficient funds or erroneous account number, i.e., failed direct debit, the customer bears full responsibility for additional bank fees.
§ 4 delivery
ic! berlin will deliver as quickly as possible. delivery dates are approximate and non-binding. delivery dates are binding only when acknowledged in writing by ic! berlin. partial deliveries may be made at ic! berlin's discretion unless this option is expressly rejected by the customer at the time of order. if ic! berlin is unable to deliver goods on time, a reasonable extension period must be granted. if ic! berlin fails to deliver within this extension period, the buyer has the right to cancel the order. the buyer may claim damages on account of non-delivery only if ic! berlin has caused damages intentionally or through gross negligence. extended liability in accordance with § 287 bgb is excluded. business disturbances experienced by ic! berlin and/or its suppliers – including strike, lockout, war, rioting, computer failure, or acts of nature – extend delivery period by the duration of the disturbance.
§ 5 shipment
buyer is responsible for shipping costs. the buyer is required to pay only one shipment fee per order. in cases of partial delivery, ic! berlin is responsible for any additional shipping costs. risk of loss and payment responsibility are assumed by the buyer when products leave the warehouse and are transferred to the delivery company.
§ 6 suggested retail price and point of sale
ic! berlin dealer prices are suggested retail prices. ic! berlin products may only be sold at the receiving location (shipping address). internet sales or any other non-authorized sales are prohibited. distribution of ic! berlin products to additional stores, opticians or optical shops – including those owned by the buyer – is permitted only with prior written approval from ic! berlin.
§ 7 warranty and liability
delivered goods are to be inspected for completeness and correctness immediately upon receipt. the buyer is responsible for declaring any obvious defects in writing within one week of receipt of goods. defects not detected during the initial inspection must be reported within the legally prescribed period. if defective goods are reported promptly, ic! berlin will repair or replace the defective goods in accordance with buyer preference. the customer must allow a reasonable extension period. if ic! berlin fails to deliver within the extension period, the buyer may demand a refund or discount on purchased goods. damage claims resulting from refusal to repair or unanticipated delay are excluded.
§ 8 ownership
delivered goods – even if resold – remain the property of ic! berlin until all invoices up to the date of the most recent invoice have been paid in full.
§ 9 industrial property rights
the customer is obliged to protect industrial property rights. the buyer may neither manufacture nor allow the manufacture of copies of ic! berlin products. ic! berlin retains industrial property and copyright ownership of all documents including photographs, images, displays, cds, dvds, sketches, etc., which are made available to the customer. the customer may use these materials only in the manner agreed. materials may not be copied nor made available to third parties.
§ 10 legal jurisdiction
the entire legal relationship of the parties is subject to the law of the Federal Republic of Germany. exclusive jurisdiction and venue for any contractual disagreement is the principal office of ic! berlin.
validity of one or more provisions contained in this agreement does not affect the validity of other provisions.
revised march 2005
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ic! berlin headquarterssaarbrückerstrasse 37/5th floor 10405 berlin | phone: | +49 30 417177-0 | | fax: | +49 30 417177-11 |
email: mail@ic-berlin.deic! berlin america208 fairmount avenue philadelphia, pa 19123 u.s.a. | phone: | +1 215 238 8804 | | fax: | +1 215 238 8806 |
email: america@ic-berlin.deic! berlin brillen gmbhmarketing and press department / marketing- und presseabteilung saarbrückerstrasse 37/5th floor 10405 berlin | phone: | +49 30 417177-33 | | fax: | +49 30 417177-11 |
contact person / kontaktperson:vicky strojek general manager / geschäftsführer:ralph anderl, petra domnick commercial court / handelsgericht: ag berlin charlottenburg hrb: 70863 steuernr.: DE20 1054 290
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