Terms and conditions NUCLEAR BLAST GMBH
All goods and services from NUCLEAR BLAST GMBH are exclusively based on the following terms and conditions (AGB). Conditions deviating from these rules, especially in terms and conditions of the trading partner are valid only if confirmed in writing by the NUCLEAR BLAST GMBH.
- Offers of the NUCLEAR BLAST GMBH are non-binding and subject to self-supply, as far as the NUCLEAR BLAST GMBH manufactured components from third party supplies.
- Verbal information and promises, catalogue printing, online images, email accounts and other advertising claims of any kind, in particular descriptions, illustrations, drawings, patterns, quality, texture, composition, performance, fuel economy and usability as well as dimensions and weights of the commodities are subject to change unless they are expressly designated as binding.
- Both parties can decide at any time to stop the cooperation without important reason. Which means i.e. that the NUCLEAR BLAST GMBH can stop to deliver the trading partner and the trading partner does not have to continue to order from the NUCLEAR BLAST GMBH.
§3 Delivery time, partial deliveries
- In the written confirmation of the NUCLEAR BLAST GMBH stated delivery times are approximate times. If the NUCLEAR BLAST GMBH in arrears, the NUCLEAR BLAST GMBH is not liable for the damages incurred by a trading partner only if the delay is caused due to breach of contract or was caused by intent or gross negligence of the NUCLEAR BLAST GMBH. Damages for non-compliance may require the trading partner after a deadline with the threat of rejection only if the delay was intentional or gross negligence or in case of slight negligence on the violation of essential contractual obligations.
- Delays in delivery due to force majeure, sovereign intervention, natural disasters, war, riot, legal difficulties, technical problems in their own operation, technical problems with the manufacturer, subcontractor or other in carriers or on the basis of the NUCLEAR BLAST GMBH is not responsible circumstances is the NUCLEAR BLAST GMBH entitled to make delivery after removal of the obstacle. Both parties may withdraw from a contract made in whole or in part if any of the foregoing events leading to a delivery delay of more than three months beyond the agreed deadline. Further claims of the parties are excluded.
- The NUCLEAR BLAST GMBH shall be entitled to make partial deliveries.
§4 Prices and Payment
- The agreed prices are based on the order confirmation and are selected from the NUCLEAR BLAST GMBH warehouse with no other benefits. The packaging costs and associated costs of shipping such as postage, freight, delivery charges, etc., these costs are charged to the trading partner separately. Shipping costs depend on the content and scope of the order and is sent on the size, weight and the country in which will be calculated. The prices might be added with turn over taxes, depending of the country to which the shipments will be sent.
- The risk of damage or loss of delivered goods is leaving the distribution center of the NUCLEAR BLAST GMBH transferred to the trading partner.
- Invoices from the NUCLEAR BLAST GMBH are, unless agreed in advance, payable 30 days after the date of the invoice net of discounts and other deductions, no later than immediately after receiving the deliveries of the NUCLEAR BLAST GMBH. In the case of partial deliveries under 3.3, only the pro rata purchase price is payable.
- In the event of default of the trading partner calculates the NUCLEAR BLAST GMBH interest at the rate of 3% above the rate of the Deutsche Bundesbank; the NUCLEAR BLAST GMBH demonstrate higher is due to the delay damages, the trading partners of the evidence of lower damages for delay by the NUCLEAR BLAST GMBH reserved.
- The trading partner can only against counter-claims a lien based on the same contract. In case of ongoing business relationship with each and every order is a separate contractual relationship. A set-off against claims of the NUCLEAR BLAST GMBH is permissible only with undisputed or legally established claims.
- In case of defects of the merchandise NUCLEAR BLAST GMBH is after his first election for exchange of defective goods allowed. After the second failure or the impossibility of repair or replacement within a reasonable time of the trading partner is entitled to demand a reduction of the purchase price (reduction) or cancellation of the contract (rescission).
- Apparent faults in the trading partners immediately, in writing no later than within two weeks after receipt of the delivery of NUCLEAR BLAST GMBH. Other defects, even after careful examination can not be discovered within this period, the NUCLEAR BLAST GMBH are promptly notified in writing no later than within six months after delivery. The rules for merchants investigation or complaint obligations of the 377 and 378 of the Commercial Code remain unaffected.
- The trading partner prior to the guarantee required to allow the NUCLEAR BLAST GMBH examination of the claimed subject matter, at the option of the NUCLEAR BLAST GMBH either the buyer or the NUCLEAR BLAST GMBH. Denied the retailer to review, then the NUCLEAR BLAST GMBH released from the guarantee.
- The warranty does not cover the elimination of errors caused by external influences or operator error. Has the same applies in case of damage caused by the operation of the contract goods, along with such devices or programs, not the compatibility of the NUCLEAR BLAST GMBH expressly agreed in writing.
- A defect is usually excluded in case: a) the mastering might be inferior b) inferior sound / image, or mix and c) noise
- Used by the NUCLEAR BLAST GMBH breached a contractual duty or a written assurance given property met, the liability of the NUCLEAR BLAST GMBH is limited in amount to the amount of general public liability insurance of the NUCLEAR BLAST GMBH. NUCLEAR BLAST GMBH granted the trading partners to request information about the level and scope of the insurance policy.
- All other rights and claims of the trading partner to the NUCLEAR BLAST GMBH, regardless of their legal basis, are excluded due to defects or failures of the contract goods. This also applies to compensation for indirect damages (consequential damages, lost profits, including the replacement of such damages not to contract goods themselves, but by their use, their uselessness or are created in a different way to other devices, objects or people). Further claims are excluded because of breach of contractual obligations, in particular, advisory and information requirements, including a fault at contract conclusion. The same applies to tort claims.
- The aforementioned liability exclusions shall not apply if the NUCLEAR BLAST GMBH or its agents with intent or gross negligence. The same applies in case of liability for damages from the NUCLEAR BLAST GMBH under the Product Liability Act.
§7 Retention of title
- All deliveries of the NUCLEAR BLAST GMBH place under retention of title. If the trading partner merchant, then, the ownership of the delivered goods and rights ("Retained Goods") until all payments resulting from the ongoing business relationship to the trading partner. The NUCLEAR BLAST GMBH is requested by the trading partner previously part of the delivered goods subject to this pledge, if and when the value exceeds the reserved goods supplied all outstanding claims of the NUCLEAR BLAST GMBH by more than 30%.
- The trading partner is not entitled to mortgage the goods delivered before the transfer of ownership or to transfer them as security or to process or alter it. He may resell the conditional goods in the ordinary course of business transactions. In the event of resale of the trading partners hereby assigns all claims against its customers resulting in full amount as security for the debts of the NUCLEAR BLAST GMBH at the NUCLEAR BLAST GMBH. The NUCLEAR BLAST GMBH accepts this assignment. The trading partner will inform any third party access to the conditional goods or the NUCLEAR BLAST GMBH assigned claims promptly and in writing of the rights of third parties on the NUCLEAR BLAST GMBH.
- If the trading partner with one or more payments in whole or in part, in default, he is making his payments on his assets or has applied for the opening of bankruptcy or judicial composition proceedings, then they shall no longer trading partners have the conditional goods. The NUCLEAR BLAST GMBH is entitled in such a case, the contract or to withdraw the reservation of goods for recycling or otherwise to revoke the authority of the trading partner to collect the receivables from the resale. The NUCLEAR BLAST GMBH can then request information about the recipients of the goods, show them the assignment of the debt and collect the claims itself.
- During the period of retention of title is the trading partner is the subject goods at his own expense against loss or damage, especially through fire, flood, burglary or theft and of sufficient insurance NUCLEAR BLAST GMBH access on request to grant the insurance policy. The trading partner assigns its related insurance claims, already now at the NUCLEAR BLAST GMBH. of NUCLEAR BLAST GMBH accepts this assignment and explains the reassignment of the trading partner with the proviso that this is effective if and when the property title is extinguished.
§8 Rights of third parties
The Nuclear Blast will release the trade partners of third party claims of infringement of any intellectual property right or copyright, provided that the trading partner is the NUCLEAR BLAST GMBH such claims promptly notified in writing and the NUCLEAR BLAST GMBH all necessary legal and technical defenses, in particular modification or replacement of delivered Ware has made it possible. Further claims of the trading partner, for whatever legal reason are excluded.
The trading partner commits itself to follow in case of export of the contract goods, the provisions of German foreign trade law. This applies equally to the delivery to countries to recipients or purposes, of which the trading partner knows or should know that they are subject to legal control foreign trade and customs regulations, if necessary.
Returns are generally excluded, unless the parties have reached an agreement on the amounts and if agreed in writing prior to a refund. In this case, the trading partner accepts the shipment at his own expense and at his own risk, ie the necessary insurance and customs clearance. Unless there is a recall by the NUCLEAR BLAST GMBH. In the event of a recall in which the goods will be replaced, re-shipping costs and the risk and if the clearance is carried through the NUCLEAR BLAST GMBH or refunded to the trading partner.
§11 Confidentiality and Privacy
- The parties will be treated confidentially in the context of the business relationship individually agreed terms and has become known business and trade secrets in general, and even after the business relationship.
- The NUCLEAR BLAST GMBH is observed in the use of the business relationship with the contractor became known personal data, the provisions of the Data Protection Act.
For the NUCLEAR BLAST GMBH supplied, not by the NUCLEAR BLAST GMBH-made software 69a to 69g shall apply copyright law and, where appropriate, the terms of the applicable license agreement.
- German law applies. The validity of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) is excluded.
- For agreements with full merchants the place of performance is Donzdorf and exclusive jurisdiction in Geislingen. A jurisdiction is in Geislingen also justified, if at legal action domicile or habitual residence of the contracting party are not known or is not domiciled in Germany (no longer).
- Should individual provisions of these terms and conditions or the contract entered into with the contractor in whole or partially invalid, this shall not affect the validity of the remaining contract.