Noam_Chomsky
Plant for the Planet
Tree Nation
UNEP
Tree Nation

Terms & Conditions of Sale

1. DEFINITIONS

  • „Seller“ or „Supplier“ means iTreecycle GmbH or any subsidiary of iTreecycle GmbH.
  • „Purchaser” means the person, firm or company on whose behalf an order is placed.
  • „Holding Company“ & „Subsidiary“ shall be construed in accordance with Section 736 Companies Act 1985.
  • „Goods“ means the articles, materials, plant, equipment, services or things or any of them described in an Order or supplied by the Seller.
  • „Order“ means the supply of Goods by the Supplier according to the Purchaser’s official instructions and where those instructions conflict with the terms of these Conditions these conditions shall prevail.
  • „Contract“ means the Order and the Seller’s acceptance thereof.
  • „Associated Company“ in relation to either the Supplier or the Purchaser means any Subsidiary and any Holding Company (and any subsidiary of any such Holding Company) of either Seller or Purchaser as the case may be.

2. ACCEPTANCE OF ORDER

  • The Supplier will accept Orders solely in accordance with the Terms and Conditions contained herein. Unless expressly agreed in writing any alteration to these Terms and Conditions will not apply.

3. PRICE

  • Price quotations are intended for the sole use of the Purchaser and any quotation passed to the Purchaser by a third party will be deemed invalid and shall have no bering on the price originally quoted.

4. DELIVERY OF GOODS
Under normal circumstances.

  • The Supplier will undertake to deliver within an agreed delivery period but will accept no liability for loss caused by late delivery of goods. The Purchaser is not entitled to consider late delivery of goods as a breach of Contract.
  • The Supplier shall deliver to the address as supplied by the Purchaser. The Purchaser shall be deemed to have granted authority to accept delivery to any person whom accepts delivery at the delivery address.
  • If the Purchaser or their Agents are unable to deliver to the delivery address then the Supplier may store the Goods and deliver at a later date.
  • If delivery is made in instalments each instalment is deemed a separate contract. The Supplier may withhold or cancel Orders if payment in full has not been received when due for deliveries previously made.

5. PAYMENT TERMS

Unless agreed in writing payment against Invoices must be made within 14 calendar days from the date of Invoice. The tax point will be the date of the Invoice. If payment is not received when due then:

  • The Supplier shall be entitled to charge interest on the outstanding debt at 3% per month Compound Interest.
  • The Supplier shall be entitled to charge reminder fees which will be added on to the value of the Invoice.
  • The Supplier shall be entitled to pursue legal action for recovery of debt and costs incurred irrespective of whether property in the Goods has passed to the Purchaser.
  • The Purchaser shall have no entitlement to defer or reduce payment in the case of dispute or counterclaim against the Supplier.

6. WARRANTY

  • The Supplier warrants that Goods supplied shall be of sound quality, workmanship and materials and are suitable for the purpose for which they are designed under fair conditions. The Suppliers liability under this Warranty shall be limited to the replacement of, free repair of or issue of Credit against any Goods acknowledged by the Supplier to be faulty. This warranty shall be deemed invalid in the case of misuse of or negligent handling of Goods by the Purchaser.

7. CANCELLATION

  • The Purchaser shall have the right to cancel an Order in whole or in part at any time prior to delivery of Goods by giving the Supplier notice thereof in writing. Goods returned by the Purchaser to the Supplier shall be liable to a fee to cover costs incurred by the Supplier unless such fee be expressly waived by the Supplier in writing. This fee should be 15% of the invoice value.

8. RETENTION OF TITLE

  • Not withstanding delivery of goods, the Supplier shall retain title to goods until such time as payment in full are received. The Property in the Goods shall pass to the Purchaser on delivery or when the Goods become appropriated to the Contract.

9. SHORTAGES, DAMAGES, AND/OR LOSS IN TRANSIT

  • The Supplier shall, at their discretion, refund, replace or issue credit against Goods which have been lost, wrongly delivered, damaged in transit or where Goods are in short supply. Claims shall only be considered if made within 7 days of delivery or in the case of non delivery of Goods within 7 days of expected or advised date of delivery.

10. FORCE MAJEURE

  • The Supplier shall have the right to defer the date of delivery or to cancel any Order without liability to the Purchaser if the need for such deferment or cancellation results from cause beyond the Suppliers reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond the Suppliers reasonable control: accident, civil commotion, riot, war (whether declared or not), fire, lock-outs, strikes, industrial disputes (whether involving employees of the Supplier, the Purchaser or a third party), Acts of God, explosions, floods, or restrictions, prohibitions, or measures of any kind on the part of any governmental, parliamentary or local authority.

11. CONDITIONS

  • These Conditions alone shall apply to an Order subject to any variation or variations in writing signed both the Supplier and the Purchaser. Any printed or standard conditions appearing on any documents emanating from the Purchaser shall have no legal effect whatsoever. They appear in the documents only because they are printed therein and the Purchaser waives any rights he might otherwise have to rely on in such conditions.
  • No other agreement or understanding in any way modifying or supplementing an Order, nor any promises or representations made by representatives of either the Supplier or the Purchaser shall be binding unless confirmed in writing and signed by authorised officers of both parties.

12. CONFIDENTIALITY

  • The Purchaser shall treat any Order and all designs, drawings, specifications and information supplied as confidential and shall not disclose the same to any third party without the Suppliers prior written consent or infringe any copyright, patent, trademark, registered design or other intellectual property right vested in the Supplier save for information already in the public domain.

13. GOVERNING LAW

  • The Contract shall be governed by and construed in accordance with German law and each party thereto hereby irrevocably submits to the court of jurisdiction of Cologne.

 

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