The following terms and conditions are always the basis of
each single contract between Percenta AG and their
contractual partner and become valid and are accepted from
placing an order or accepting Percenta goods. We are a retail
and wholesale business based in Gluecksburg, Germany.
Orders are accepted by confirmation or execution. We reserve
the right to change products, especially when adapting to
the technical progress.
All prices are ex warehouse in Germany exclusive of standard
packaging and shipping or delivery.
Payments become due immediately after delivery and date of
invoice. After the expiry of the 10-day deadline for payment,
the purchaser is in default with regard to payment and must
pay interest on the debt of 5% above the valid base rate pursuant
to section 247 of the German Civil Code. Default of payment
entitles Percenta AG to call back already delivered
goods and to claim damages.
We are entitled to withdraw from the contract and to detain
any performance on justified doubts of solvency caused by
considerable deterioration of the customer's pecuniary circumstances.
In this case Percenta AG is also entitled to demand
advance payments or security payments or, after providing
an appropriate notice period, to withdraw from the contract.
Customers have the right to withdraw from the purchase at
any time until time of delivery, when nothing else is agreed
in written form. Reasons for withdrawing are not required.
All delivered goods remain the property of Percenta Europe
Ltd until paid for in full. The purchaser is only allowed
to resell the goods in duly transactions. When paying by direct
debit, the debt is considered to be cleared, after the final
irretrievable credit in one of the accounts of Percenta Europe
Ltd. In this case Percenta AG reserves the right to
extend title retention.
Delivery details are only confirmed in writing. If Percenta
AG exceeds the agreed deadline of delivery, the customer
is entitled to withdraw from the contract after setting an
appropriate final deadline. Percenta AG cannot be
prosecuted in the event of the occurrence of contingencies
beyond the reasonable control of Percenta AG, including
without limitation, acts of God, refusal, restriction, fire,
explosion, flood, emergency repair or maintenance, breakdown,
strike, lockout, labour disputes, war, riot, lack of raw material,
energy or transportation problems or any other event interfering
with the production, supply and transportation.
Claim for damages of any kind against Percenta AG
is limited to intention or culpable negligence of Percenta
AG or other employees.
There is a 6 month warranty from the date of invoice. To garantuee
the warranty the goods have to be free from defects after
delivery. Delivered goods have to be checked for defects or
damages immediately after receipt. Any damages or defects
shall be reported in detail to Percenta AG within
48 hours after receipt of the goods. Any subsequent reports
cannot be accepted. Damaged or defect goods shall be returned
to Percenta AG in Gluecksburg at the customer's risk
and cost. In the case of entitled reclamation, the customer
shall have the choice of remedying of the defect, supply of
a replacement, or refund. In the case of unentitled reclamations
in which defects cannot be comprehended/reproduced the customer
has to pay a handling fee. The current valid hourly rate is
€ 120 + German VAT. The minimum rate is 15 minutes =
€ 30 + German VAT plus shipping and handling. Any claims
for damages from the purchaser for whatever principle of law,
indirect or direct in connection with the order, delivery
or use of Percenta AG products, are excluded. Any
claims about the absence of attributes/features can only be
demanded in single cases in which the attributes/features
have been assured explicitly in written form. Any liabilty
for consequential damages or defects is explicitly excluded.
In the case of amendment, the original time and terms of warranty
are not affected. When reselling Percenta AG products,
the purchaser is prohibited to refer to any legal and/or contractual
claims of guarantee from Percenta AG
Any assignments of rights and duties of this contract from
the purchaser to a third party has to be aggreed to in written
form by Percenta AG Any oral agreements are excluded.
The contract of sale includes all agreements of the parties
and replaces any previous agreements referring to the subject
matter of the contract. Any changes and additions of this
contract are only valid when an accessory contract has been
signed by both parties.
The nullity of single or several provisions of this contract
will not affect the validity of the remaining cotractual provisions.
All contractual business is regulated by German law, not regarding
other national rights and the international law on sales (EKA,
EKAG, both dated 17/07/1973).
All offers by Percenta AG are principally without
any commitments and non-binding.
Orders are accepted by written confirmation or execution.
All confirmed prices are binding. All other prices are subject
to price fluctuation. The right to change products, especially
when adapting to the technical progress is reserved.
Place of fulfilment and place of legal domicile is Flensburg.