• Engineering knowledge “Made in Germany”
    Engineering knowledge “Made in Germany”
    Experience in the customisation and construction of over 3,000 cabinet types
  • Production site in Germany
    Production site in Germany
    Qualified and well-trained employees form the basis of our productivity.
  • REMIS Quality
    REMIS Quality
    For over 40 years we have been combining tradition with know-how to develop future-proof products.

General Terms & Conditions of Sale

General Scope

1) Solely our terms and conditions of sale shall apply; other terms and conditions of the customer that deviate from our terms and conditions will not be accepted unless we have given our explicit consent in written form regarding their applicability. Our terms and conditions of sale shall also apply if we accept the customers order without reservation in knowledge of contrary or deviant terms and conditions of the customer.
(2) All agreements reached between ourselves and the customer for the purpose of executing this contract must be set out in writing in this contract.
(3) Our terms and conditions of sale shall only apply vis-a -vis entrepreneurs pursuant to § 310 I BGB (German Civil Code).
(4) Our terms and conditions of sale shall also apply for any future business with the customer.

Section 1 Quotations

Our quotations are subject to confirmation, if not stated otherwise in the order confirmation.

Section 2 Orders

Since we release all incoming orders for immediate production, orders can only be cancelled very rarely and always conditional upon our agreement, even if the delivery date has not yet been reached. We must demand that you take delivery of customised manufacturing orders or, if appropriate, pay compensation.

Section 3 Prices

(1) Prices are always quoted ex factory, excluding packaging. Alternate terms must be agreed separately in writing. Prices are quoted net. Sales tax must be added at the relevant applicable rate unless our price list specifically states that "sales tax is included".
(2) Information about prices and performance characteristics and other declarations or assurances shall only be binding on us if issued or confirmed in writing by us. Agreed prices apply only for the agreed order in each case.

Section 4 Delivery periods

Shall be adhered to wherever possible. All information relating to delivery times shall be deemed to be approximate and subject to confirmation. In the event of force majeure or circumstances beyond our or our suppliers' control that prevent performance (e.g. transportation and factory disruptions, strikes, shortage of raw materials, etc.), we shall be entitled to delay delivery or to withdraw from the contract in part or in whole, which shall not, however, constitute grounds for assertion by the customer of any claims whatsoever. Partial deliveries are permissible.

Section 5 Payment

Our invoices are payable within ten days of the date of invoice less 2% discount or within thirty days in full. All payments may only be effected to the accounts listed on the front of the invoice. In the event of non-payment of a due invoice amount despite repeated reminders, all other outstanding invoice amounts shall fall immediately payable and we reserve the right to demand immediate payment even if the agreed payment period has not yet expired. The acceptance of bills of exchange, cheques, payment instructions and similar means of payment shall be at our discretion.
Any such acceptance shall always be conditional upon payment. Any discounting and collection charges and interest must be reimbursed to us immediately. We only accept bills of exchange that are acceptable in the German state central bank system (Landeszentralbanken).
Customers shall not be entitled to any rights of offsetting or retention unless such claim for offsetting or retention is undisputed or has been established by a court of law. We are entitled to provide collateral, which may also take the form of a guarantee, to avoid any right of retention being exercised.
The total amount outstanding and owed by a customer to us shall become immediately due and payable if that customer ceases to effect payments, if its liabilities are proven to exceed its assets, if settlement or insolvency proceedings are instigated against it, or if it defaults on honouring outstanding bills of exchange or cheques. The same shall apply in the event of any material deterioration in the customer's financial circumstances. In such cases we shall be entitled to demand the provision of adequate security or to withdraw from the contract.

Section 6 Shipment

All consignments are shipped at the risk and expense of the customer.
Unless we receive specific instructions, we shall ship at our discretion to the indicated address but shall not accept any liability for selecting the cheapest means of transportation. We reserve the right to ship from any site we choose in the Federal Republic of Germany, but not necessarily from the place of performance (Clause 10)

Section 7 Reservation of title

(1) We retain title to the merchandise until such time as the customer has satisfied all claims owing to us, even if the merchandise itself has been paid. Pledging or transferring merchandise that is subject to reservation of title is not permitted.
(2) In the event that it resells or leases the merchandise that is subject to reservation of title in the course of its normal business, the customer hereby assigns as security all future claims arising from the resale or rental agreement against its customers to us until such time as all claims have been satisfied; no further declarations to this end shall be necessary. The assignment shall also include residual outstanding claims arising in connection with existing current account relationships or upon the termination of such relationships between the customer and its customers. In the event that the merchandise that is subject to reservation of title is sold or leased in conjunction with other products and an individual price for the reserved merchandise is not agreed, the customer shall assign to us preferentially that portion of the total price or total rent owing that corresponds to the value of the reserved goods as invoiced by us. The customer shall be authorised to collect the assigned claims arising from the resale or rental agreement until further notice; the customer shall not, however, be entitled to utilise them in any other way, e.g. by means of assignment. The customer shall notify its customer of the assignment at our request and shall provide us with the information and documentation, e.g. invoices, needed to asset the customer's rights. The customer shall bear all the costs of collection and intervention. In the event that the customer receives bills of exchange in the course of its authorisation to collect the assigned claims arising from the resale, the title to these bills and the underlying securitised right shall be transferred to us as security. The transfer of the bills of exchange shall be substituted by the agreement that the customer shall take them into safekeeping on our behalf and shall then immediately deliver the endorsed bills to us. In the event that the value of the claims assigned to the supplier are paid to the customer or to one of the customer's banks in the form of cheques, the customer is under obligation to notify us immediately and to forward payment on to us. Title to the cheques and to the underlying securitised right shall transfer to us as soon as the customer receives them. The transfer of the cheques shall be substituted by the agreement that the customer shall take them into safekeeping on our behalf and shall then immediately deliver the endorsed cheques to us.
(3) In the event that the customer processes, reworks or combines the reserved merchandise with other products, such processing, reworking or combination shall be deemed to take place on our behalf. We gain direct title to the product resulting from the processing, reworking or combination. In the event that this may not be possible for legal reasons, the customer agrees that we shall gain title to the new product once it is processed, reworked or combined. The customer shall safeguard the new product on our behalf with the customary due diligence. The product resulting from the processing, reworking or combination shall be deemed to be reserved merchandise. In the event that the processing, reworking or combination involves other products that do not belong to us, we shall gain co-title to the new product in the ratio of the share of the processed, reworked or combined reserved merchandise relative to the value of the new product. In the event that the new product is sold or leased, the customer already assigns as security to us its claim arising against its customers from the sale or rental agreement, together with all associated rights, without the need for any separate declaration to the effect at a later date.
The assignment shall, however, only apply in the amount that corresponds to the value of the processed, reworked or combined reserved merchandise as invoiced by us. The claim assigned to us shall take preference over all other claims.
(4) In the event that the customer combines the reserved merchandise with land or mobile assets, the customer shall also assign as security to us its claim to remuneration for the combination, together with all ancillary rights, without the need for a separate declaration to this effect. In the event that the customer owns the land or is entitled to receive rent on this land for other legal reasons, the customer also assigns this rental income to us. Section 7.3 (3) shall apply mutatis mutandis to the amount of the assigned claim.
(5) In the event that the customer partially or wholly defaults on its payment obligations or presentation of bills of exchange, if its liabilities exceed its assets or it ceases payment, or if settlement or insolvency proceedings are instigated against the customer, we shall be entitled to the immediate return of all merchandise that is subject to reservation of title. Equally, we shall be entitled to assert all further rights arising from the reservation of title immediately; the same shall apply in the event of any material deterioration in the customer's financial circumstances. The customer shall ensure that we or our agent can access the customer's business premises in their entirety during business hours. Demanding the return or taking possession of the merchandise shall not constitute a withdrawal from the contract. We shall be entitled to dispose of the reserved merchandise with due commercial diligence and to offset the proceeds against any outstanding claims.
(6) In the event that the value of the collateral exceeds by more than 20% our claims arising from the ongoing business relationship with the customer, we shall be obliged at the customer's request to release collateral of the customer's choice.

Section 8 Execution

Unless we have specifically acknowledged any special requests, we shall adopt our customary approach to execution (design, processing, materials, etc.).

Section 9 Warranty

Complaints relating to incomplete or incorrect deliveries or to recognisable defects shall be considered if notified to us in writing within one week from reception of the merchandise. Concealed defects must be notified in writing immediately upon detection but at the latest within 6 months of delivery. Warranty claims cover the repair or replacement of the defective parts. Claims for conversion or reduction or for the compensation of direct damages are excluded. All warranty claims shall lapse if the subject of delivery is modified by a third party or if our instructions with regard to the handling of the subject of delivery are not followed. Returns of defective merchandise shall only be accepted by us after prior agreement. Our packing list must be included with the return shipment. In light of our various production facilities, the address for return delivery must be requested from our office in Cologne prior to return. We can only acknowledge complaints if the merchandise is returned to us as carefully as we shipped it. We are not liable for any damages occurring during transportation or for any lost merchandise. In such cases, we recommend requesting an incident report from the railway company, forwarding agent or parcel delivery service in order to protect your rights to compensation.

§ 10 Place of performance and court of jurisdiction

(1) Cologne is the sole court of jurisdiction for all merchant customers, including for all proceedings involving cheques and bills of exchange. The same court of jurisdiction shall apply for customers who - at the time of instigating court proceedings - do not have a general court of jurisdiction in the Federal Republic of Germany.
(2) The laws of the Federal Republic of Germany are solely applicable. The Prague Convention dated 01.07.1964 on the harmonisation of laws governing international purchases and the United Nations Convention on the International Sale of Goods dated 11.04.1980 are excluded.

REMIS GMBH, Mathias-Brüggen-Str. 67-69, 50829 Cologne