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Alexander Harr
Theaterschuhe Tanzschuhe

Schubertstrasse 30
88214 Ravensburg

Telefon 0751 2 61 57
Telefax 0751 2 61 63
Mobil 0171 5 32 46 36

eMail: mail@harr-shoes.com
Internet: www.harr-shoes.com


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General terms and conditions for theatre footwear

We are pleased to work for you based on our general terms and conditions: Quotations, sales, deliveries and invoices are effected according to the following conditions and according to the prices valid on the day of the delivery, while we reserve the right to change the prices anytime. In this respect, our quotations and supply agreements remain subject to change. Further, we expressly reserve the right for design changes and literal errors as well as prior sale. With the release of the new catalogue, all prevoius prices and catalogues are no longer valid.

1. Delivery:
Delivery is effected always on account and at the orderer's risk. Costs for packing, postage as well as process costs are charged to the orderer. For dispatch, the cheapest mode is chosen. For special requests e. g. express dispatch, the additional costs are charged.

2. Delivery time:
All orders are accepted only subject to the correct and punctual delivery by our suppliers. Force majeure, breakdowns, official action or other unforseen circumstances, occurring with us or our suppliers, release us from keeping agreed delivery times and also entitle us to discontinue further deliveries without the obligations of subsequent deliveries and without awarding damages. In no case, we can stand for a delay or non-delivery caused by one of our suppliers.

3. Complaints, returns:
Notes of defects of any type can be considered only if these are made within 8 days after receipt of the goods. Models, which are not included in our catalogue or vary from the models shown there, are strictly non-resturnable. The objected goods must only be returned upon our previous and express permission. We reserve the right to compensate reasonable complaints by repair or replacement. For latent defects, the legal regulations are valid. Return or replacement of fixed ordered and delivered goods is not possible without our express agreement.

3.1 Manufacture made to measure:
For items manufactured according to indicated measurement, which is not taken by us, we do not grant any guarantee for fit and replacement. If requested, the measurement is taken by us on the spot. The arising costs like daily rate, travel and other expenses are on the orderer's account.

4. Reservation of proprietary rights:
For all goods delivered by us, we reserve the proprietary right until the complete payment of all even future or conditionally emerging claims. The orderer, however, is entitled to further process or resell the goods to a third party in proper business. But already upon conclusion of the contract of sale until the complete payment of all our claims arising from the delivery of goods, the orderer assigns his claims to his buyer arising from the resale completely to us with all rights. Upon our request, the orderer is obliged to notify his buyers of the assignment and to present the information and documents necessary for the assertion of our claims. Prior to effected payment of all claims, the orderer must not mortgage or transfer the goods delivered to him as a precaution. The reclaim of the goods delivered under the reservation of proprietary rights does not self-explanatorily mean the declaration of the cancelation of the contract at the same time. If our property is put at risk at the orderer's in any way, the orderer must notify us immediately. Striking and accepting the balance do not touch the reservation of proprietary rights.

5. Cancelation:
Irrespective of further legal regulations or rights resulting from these conditons, we are entitled to cancel the contract, if the orderer has made false statements on the data concerning his credit status. The same is if we find out about facts which are appropriate to raise reasonable doubts on the orderer's present or future credit status and we uselessly have demanded the orderer with appointed date to provide a security up to the amount of all claims existing or already justified by contract.

6. Payment:
The invoice is due upon the date of dispatch and payable immediately upon receipt. Deductions are not accepted and will be demanded in any case. Also, differences from payments will be collected irrespective the cause of origin. Authorized deductions will be accepted expressly by credit note. For private and new customers, we reserve the right to require a down payment. The rest will be due prior to delivery of the order ex Ravensburg (or via cash on delivery within Germany).

7. Delay of payment:
Upon delay of payment, we reserve the right to charge interest for delay in the amount of the interest customary in banking. All our claims are due immediately and irrespective the maturity of eventually accepted and credited drafts, if the conditions of payment are not kept or if we find out about circumstances which are appropriate according to our obliging commercial judgement to decrease the orderer's credit status. Then, we are also entitled irrespective of further legal regulations to effect pending deliveries only against advance payment or cash on delivery or to claim damages due to non-performance. For private and new customers, we reserve the right to require a down payment. The rest will be due prior to delivery of the order ex Ravensburg (or via cash on delivery within Germany ).

8. Catalogue:
The circulation of our catalogue to shoe suppliers and shoe manufacturers of any kind is not allowed. Copies of one or several models from our catalogue is allowed only if it is a matter of an inquiry with us or if it is a matter of preparation, processing or similar of an order with us. We expressly refer to the national and international legal copyright regulations which our catalogue is subject to.

9. Place of fulfilment and court of jurisdiction:
Place of fulfilment for delivery and payment is Ravensburg.

10. German law is valid.

11. Severability clause:
If one or several provisions of these conditions or parts thereof are unvalid, the effectivenesse of the remaining conditions will not be touched. In this case, the contracting parties are abliged to participate in the creation of a provision which commercially comes closest to the unvalid provision . The provision to be created newly is valid for already closed and future business.   Ravensburg,  01.02.2006

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