Terms and Conditions

General Terms and Conditions of sale

1. Scope of Application:
These Terms and Conditions shall apply to all contracts for sales, deliveries, services and offers by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.  Different terms and conditions require written confirmation. By ordering any product from the Seller, the Buyer is accepting these Terms and Conditions.

2. Payment conditions and Title in the Goods

2a.    For new Clients and first time Buyers:
• Advance payment, minus 3% discount
• Payment via bank transfer within ten days of invoice date, 3 % discount (only valid for Germany and EU-countries)
• Cash on Delivery, minus 3% discount + C.O.D. charge

2b.    For existing Clients:
• Bank transfer, minus 3% discount, within ten days of date of invoice (only valid for Germany and Austria)
• Payment on ten-day invoice due date net, without discount

2c.     Insofar as nothing different has been agreed upon, for delivery of goods to a foreign country, advance payment must be made. 

2d.    For special orders and custom-made articles strictly payment in advance applies.

2e.    As invoice date, the date of shipment of the goods applies.

2f.    The receipt of payment must take place within the deadline stated on the invoice.

2g.    By exceeding the terms of the designated payment deadline, the Client is automatically in payment default.  Upon payment default, interest in the amount of 2% above the relevant bank rate of the Deutsche Bundesbank (German Federal Bank) must be paid.  Hereby, the enforceability of additional default damages remains unaffected.  Additionally, starting with the second payment reminder a 10€ charge must be paid.

2h.    If the financial circumstances of the Buyer have substantially deteriorated or the Buyer’s financial deterioration is not recognized until afterwards, the Seller is authorized to change the payment requirements accordingly or to withdraw from the contract.

2i.    Title of the delivered goods is retained by CG Workwear until full payment of the goods is received.  Only then shall title in the goods pass to the Buyer.  In the event of bankruptcy, we reserve the right for segregation (Aussonderungsrecht).
In the case of a transfer of the Client company, the receivables thereby created are assigned to us as a precaution. The Buyer surrenders the receivables to us and at all times gives us any information we may request about them.  He is granted revocable authorisation to collect the liabilities which were assigned to us. If the Buyer does not fulfil his obligations towards us, he will be obligated to notify the debtor about the surrender upon demand.

2j.    Forfeiting or transfer of our delivery and/or abandonment of our claims to third parties is not permitted.

3. Offers, prices

3a.    All prices are – unless otherwise indicated – unit and net prices exclusive of any applicable statutory sales taxes and shipment costs. Discount is incorporated in the initial price calculation.

3b.    All offers and price lists are subject to change and non binding. They only become binding upon confirmation of the contract by the Seller.

3c.    Upon the publication of this catalogue, all previous offers are no longer valid.

3d.    Samples are always invoiced and are credited upon return shipment. The samples made available must be returned within 14 days in their original condition, after which period of time only upon prior agreement.  Custom-made articles are always invoiced.  For these, return shipment is not.

3e.    Costs which arise through belated changes (after the go-ahead to manufacture) at the instigation of the Buyer are charged to the Buyer, including any expenses arising from a thus caused production stoppage.

3d.    All the offers, unless otherwise stated is valid for 4 weeks. In the case of extremely strong short-term rise in commodity prices, there is no liability on the part of the tender price CG International. The acceptance of the order because of an offer on the part of CG International will only be made upon order confirmation by fax, mail or email.

4. Returns Policy

4a.    Returns are only possible upon prior agreement with the Seller.  Custom-made articles, special orders, articles which were rendered unusable due to wrong handling, embroidered or printed goods are generally excluded from exchange.  Shipping of returns must be carriage paid.  Return deliveries which are not pre-paid will not be accepted.

5. Shipment, Delivery

5a.    Shipping costs: 
• Germany:  We charge 7.50€ postage and packing per package
• Other countries: calculated on an individual basis
     Express costs and shipping via air mail will be individually calculated.

5b.    Delivery will be made in one shipment so far as possible. In the event of unavoidable partial deliveries, CG Workwear bears the additional postage and packing costs.
   
5c.    Dispatch method and means, when not differently agreed upon and stated in the order, are left to the choice of the Seller.

5d.    Shipment is carried out at the cost and the risk of the Buyer, including for franco domicile deliveries. The risk is transferred to the Buyer as soon as the shipment has been transferred to the person or company who executes the transport. If the shipment is delayed because of the Buyer’s conduct, the risk is transferred to the Buyer upon notification that the goods are ready for shipment.

5e.    Delayed delivery
 
5f.    The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from unforeseen or exceptional events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply or energy provision difficulties, including if these events occur at a sub-contractor’s or supplier’s, then the delivery deadlines become non-binding and must be renegotiated. This is particularly valid where a fixed deadline had been agreed.
Lead times given in offers are non-binding and assume availability of materials.  The lead times on order confirmations are to be understood as planned delivery dates.  .

6. Delay in accepting delivery

6a.    If the Buyer delays in taking delivery, the regulations of the BGB (German Civil Code).

6b.    If the Buyer does not promptly accept the delivery within a reasonable time after completion and/or notification, or delivery of shipment is not possible for a lengthy time due to circumstances which are not the fault of the forwarding agent, then the Seller is entitled to store the shipment at his own premises or in another storage warehouse or with the forwarding agent at the cost and risk of the Buyer..

7. Complaints, Claims

7a.     It is the Buyer’s responsibility to immediately check the accuracy of the order confirmation. If a potential error is not reported within 24 hours, this order confirmation is deemed accepted even if consequently the delivery is not carried out as originally desired.

7b.    Shortcomings and incorrect amounts must be indicated within 24 hours after transfer of the articles to the delivery address; hidden defects within two days of discovery, at the latest within 6 months after receipt of the goods. This also applies in particular to samples if the goods were sent in his name to a third party.  In the case of direct dispatch the obligation to check the goods remains with the Buyer.

7c.    The risk of possible defects is transferred with the production release declaration to the Buyer, insofar as it does not concern defects which have not developed in the production process subsequent to the release declaration.

7d.    Defects of parts of the delivery do not give right to a complaint about the whole delivery.

7e.     In the first instance, the Seller has the right to rectification of the defects or a replacement delivery within an appropriate deadline. In the event of delayed, impossible, defaulted or failed rectification or replacement delivery, the Buyer can ask for a rebate.  An extended warranty and damage liability, especially in the event of a failure to rectify because of delay or bad fulfilment of rectification obligations as well as consequential harm caused by a defect is excluded.

7f.    Trade standard and technically unavoidable tolerances in colours, quality, material, weight, and other details are no cause for complaints on behalf of the Buyer. 

8. The Seller's self-marketing

8a.     The Seller is authorized to reproduce images of the articles produced by him to Clients’ specifications in his own catalogues and other print media, ads etc.; to present them on exhibitions, trade fairs, as well as make them available to other customers as samples and attach their addresses to them.

9. Copyrights

9a.     The Buyer ensures that, in the event of the transfer of a creation onto an article to be produced by us, especially when ordering reproductions and other remodelling of a creation, he is entitled to the copyright. Therefore, he releases us from any liability arising through the violation of a possible copyright or other proprietary right. The copyright will not be transferred with the property transfer of a creation produced by us – original or reproduction piece.

9b.     We reserve ownership and copyright of our cost estimates, drawings, master illustrations and other documents.  The documents must not be made accessible to third parties. 

10. Place of Performance, Jurisdiction, validity

10a.     Place of performance for deliveries and payments is Bad Aibling, Germany. The courts of Traunstein, Germany shall have exclusive jurisdiction.

11. Miscellaneous

11a.     The performance of the contract between the Buyer and the Seller shall be governed by and construed exclusively in accordance with German law. This especially applies with regard to the performance of contracts with foreign business partners.

11b.     In the event that some articles are temporarily or no longer deliverable, we reserve the right to offer alternatives, possibly at different prices. Misprints, errors and omissions excepted.

12. Severability Clause

If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of  the remaining provisions shall not in any way be affected or impaired thereby.  The ineffective or missing conditions will be replaced by the relevant legal regulations.

13. Imprint
CG International GmbH
Irlachstraße 1a
83043 Bad Aibling - Germany

Managing director: Cengiz Gürec

Phone:   +49 (0) 8061 / 49 529 - 0
Fax:         +40 (0) 8061 / 49 529 - 16

E-Mail:    info@cgworkwear.com

Register court:    Traunstein
Register number:   HRB 2035
VAT according. § 27a UStG: DE 815 229 331