Terms and Conditions

1. General

Sales, deliveries, and any other legal transactions are carried out only under the conditions set forth below. Deviating conditions from our business partners are only legally binding for us through our written confirmation. This particularly applies to the buyer’s purchasing conditions that differ from ours.

2. Offers

Our offers are always non-binding. All orders and agreements become legally binding only upon our written confirmation.

3. Delivery Times

The delivery dates are always approximate and non-binding for us. If delivery is impossible due to circumstances for which we are not responsible, the delivery period is extended by the duration of the obstacle or entitles us to withdraw from the contract.

4. Shipping

Shipping is at the buyer’s risk. Any damages or losses must be immediately noted on the waybill upon receipt of the goods and before any claims for damages are made to the carrier.

5. Payment

Our invoices must be paid free of charge. Invoice amounts are to be paid within 30 days from the invoice date, net of any deductions. For goods deliveries, we grant a 2% discount on the invoice amount if payment is made within 8 days from the invoice date. Bills of exchange and checks are only accepted as a means of payment. Any bill charges are borne by the payer.

In case of late payment, we charge default interest of 5% above the European Central Bank's base rate. Failure to adhere to the payment terms results in the immediate due date of all our claims against the debtor.

6. Complaints / Warranty

Even if defects are obvious upon receipt of the goods, the buyer is obliged to accept the goods and store them properly. The buyer must notify us of any defects in writing, specifying the defects, immediately, but no later than 48 hours after receipt of the goods and before processing.

The buyer must give us the opportunity to inspect the reported defects. We may, at our discretion, repair or replace defective goods at no cost, provided they are returned free of charge. Otherwise, the provisions of the Civil Code apply.

7. Delay in Acceptance

If a buyer delays the acceptance of the delivered goods for more than 14 days after notification of readiness for delivery, we are entitled, after setting a further grace period of 14 days, to withdraw from the contract or claim damages for non-performance. A grace period is not necessary if the buyer seriously or finally refuses to accept the goods or is evidently unable to pay the purchase price within this time.

The risk passes to the buyer upon acceptance of the goods. If the buyer declares that they will not accept the goods, the risk of accidental loss or deterioration of the goods passes to the buyer at the time of refusal.

If the buyer unjustifiably cancels an order, we can claim 10% of the sales price for costs incurred during order processing and for lost profit, without prejudice to the possibility of claiming higher actual damages. The buyer may provide evidence of a lower damage amount.

8. Retention of Title

All delivered goods remain the property of fm Systemmöbel GmbH & Co. KG until full payment has been made. If the buyer sells the goods delivered by us, they hereby assign to us all claims arising from the resale, including rights, profit margin, and installation costs, until all of our claims from goods deliveries are fully paid. The buyer is authorized to collect these assigned claims for us, but only as long as they fulfill their payment obligations to us as per the contract. The authorization to collect these claims can be revoked by us at any time. Upon our request, the buyer is obligated to notify the third-party debtors of the assignment and provide us with the necessary information and documents to enforce our rights.

9. Place of Performance / Jurisdiction

The place of performance and jurisdiction for all disputes arising from this contract is 49661 Cloppenburg.