general terms and conditions of sale
Trifolio Ireland 365 Ltd. here “Trifolio”.
valid for the business areas mentioned under 11.1.
All, also future, sales of the company Trifolio are based on the following sales conditions:
- Conclusion of contract
1.1 All offers of Trifolio are subject to change. An offer is accepted if it is expressly confirmed in writing by the supplier.
1.2 Only the written order confirmation is binding. For legal clarity, the order confirmation should be signed by the client and returned to the company, but this is not necessary for legal validity. Verbal collateral agreements, supplements and assurances require written confirmation in order to be legally valid. If the client wishes to object to an order confirmation, he must clearly declare this in writing to Trifolio within 3 days of receipt. Changes after order confirmation, which are associated with costs for the company Trifolio. will be passed on to the client according to expenditure and, if necessary, listing.
1.3 All order documents are the property of Trifolio. They must be returned immediately if it is determined that an offer is not accepted. The use of the order documents by third parties is only permitted with the consent of Trifolio and can be revoked at any time.
2. delivery time
2.1 Trifolio shall always endeavour to meet delivery deadlines that start from the date of receipt of the order confirmation signed by the Purchaser and, if necessary, from the date of delivery.
The customer shall be obliged to comply with the execution documents released at the registered office of Trifolio. If changes are made in the execution of the contract after the order confirmation has been issued, or if the cooperation of the customer is required for the execution of the contract, Trifolio shall be liable for the costs incurred.
If the delivery period is required by the customer, the delivery period shall only apply from the point in time when the execution of the contract has been determined in all details or the customer has fulfilled his obligation to cooperate.
2.2 If an agreed delivery deadline could not be met, the contracting partner is obliged to set Trifolio. a reasonable grace period.
The delivery period and grace period shall be interrupted if the supplier is prevented from fulfilling his obligation due to the occurrence of unforeseen circumstances which he was unable to prevent despite exercising reasonable care.
could have averted.
The delivery period and grace period shall also be interrupted if suppliers of Trifolio fail to deliver the materials necessary for the execution of the order on time, so that the delivery period agreed with the customer cannot be met. Further claims due to a delay in delivery are excluded.
2.3 Trifolio shall always endeavour to meet agreed fixed delivery dates. Due to events which may lie within or outside the sphere of influence of Trifolio, delays may occur which must be taken into account by the Buyer. Trifolio shall expressly not be liable for any costs incurred as a result thereof, e.g. for lifting equipment (cranes, forklift trucks, excavators, etc.), nor for personnel provided or any other costs.
2.4 The supplier is entitled to make partial deliveries.
3. prices and payment
3.1 Each order will be invoiced at the list price valid on the day of delivery, unless otherwise agreed in writing. Should a wage or material price increase occur during the processing of an order, the supplier is entitled to charge these increased costs to the customer.
3.2 All prices are ex works or warehouse of the supplier, excluding packaging, freight, postage, customs and insurance costs, unless otherwise agreed in writing.
3.3 Payments shall be made in accordance with the order confirmation.
contract of sale. Payments by crossed cheque require a written agreement, payments by bill of exchange are generally excluded. If payment is not made immediately, the customer shall automatically be in default.
Status: 01.03.2021
If the customer is in default of payment for more than one week, he shall pay interest on the existing liability at the usual bank rate without the need for a reminder. Furthermore, the seller is entitled to withdraw from the contract without setting a deadline.
Partial deliveries are to be paid for at the time of delivery.
3.4 In the event of non-compliance with agreed terms of payment, or sudden deterioration in the customer’s ability to pay, the entire debt then still outstanding, or residual debt, shall be due immediately.
3.5 The customer’s obligation to pay exists irrespective of any notices of defect. Offsetting and assertion of a right of retention are excluded to the extent permitted by law.
3.6 Any existing claims from other transactions with Trifolio may only be offset by the Client with express written consent.
3.7 Costs arising from the necessary return of delivered goods to the possession of Trifolio due to non-payment in full shall be borne by the customer. For the execution of the
repatriation is sufficient to announce once, even orally.
3.8 Fees due to cheque deposits which are not honoured by the drawee bank due to insufficient funds shall be borne by the customer.
3.9 In addition to the agreed price, the Buyer shall bear all taxes, statutory levies and other costs associated with the purchase and delivery, e.g. value added tax, customs duties, handling costs, etc. The Seller shall be obliged to reimburse the Buyer for any such taxes, levies or contributions. Insofar as the Seller pays such taxes, levies or contributions, the Buyer shall be obliged to reimburse them.
- Acceptance
4.1 If the orderer terminates the contract without us giving him cause to do so, he shall be obliged to compensate us for the resulting administrative costs and the lost profit share at a flat rate of 20% of the order sum. In addition, the customer shall be obliged to reimburse Trifolio for any costs actually incurred in connection with the order.
- Handover
5.1 The risk and liability for the goods sold shall pass to the buyer upon handover of the goods. If a handover is waived, the transfer of risk occurs with the dispatch of the order confirmation to the customer.
5.2 Should there still be indications of the previous owner on the delivered items in the form of
If there are any advertising labels, the purchaser undertakes to neutralise them in such a way that they are unrecognisable to third parties. Any type plates of the company Trifolio are excluded from this. In case of doubt or ambiguity, Trifolio must be consulted. Any
Consequential costs arising from disregard of this clause are to be borne by the purchaser.
- Retention of title
6.1 All goods delivered by Trifolio remain the property of the supplier until all present or future claims against the customer have been settled.
6.2 Insofar as the retention of title is endangered by compulsory enforcement measures of third parties, the customer shall immediately inform the supplier and hand over the documents necessary for an intervention. The costs of the intervention shall be borne by the customer.
6.3 If the goods delivered by Trifolio are resold, or if they are used as an essential part of the
component is built into a piece of real estate and a claim arises therefrom, the customer hereby assigns this claim to the supplier without any further agreement being required. The buyer may only collect the assigned claims himself as long as and insofar as he meets his payment obligations to the seller in full and on time.
6.4 Resale or further processing of goods that have not yet been paid for in full shall only be permitted with the express written consent of Trifolio.
- Transfer of risk and shipment
7.1 Transport insurance against damage of any kind shall be taken out by the delivery company at the customer’s request and at the customer’s expense.
- Warranty
8.1 The warranty period for brand-new delivery items is a maximum of 12 months from the date of delivery, unless otherwise agreed in writing.
8.2 Unless otherwise confirmed by us in writing, warranty claims shall only be accepted by us at the original delivery address of the goods.
8.3 Used delivery items and/or goods are sold on the basis of the agreed condition at the time of delivery/acceptance, a warranty which goes beyond the stated conditions is expressly not granted and/or confirmed by the seller.
8.4 Further warranty claims of the customer, in particular compensation for consequential damages, are excluded.
8.5 Unless otherwise agreed in writing, notices of defects of any kind, including the absence of warranted characteristics, must be given in writing by the customer to the supplier within 48 hours of receipt of the goods, even if the customer is not a registered trader. If he fails to give notice, the goods shall be deemed to have been approved. The buyer must allow the seller to inspect the goods if the seller so wishes.
8.6 The customer can only assert warranty claims if he fulfils his payment obligations.
8.7 If the customer takes the container or other delivery item into use without previously reserving in writing to Trifolio any recognisable defects, the delivery item shall be deemed to have been accepted free of defects.
8.8 The liability of the Seller for compliance with previous or current public law or customs regulations in the Federal Republic of Ireland or other countries is excluded.
8.9 All costs or risks associated with the import of goods into the Republic of Ireland or their use in Ireland or any other country shall be borne by the Buyer.
- Official approvals
9.1 The customer shall procure at his own expense and on his own responsibility the official permits required for the delivery or assembly of the delivery item, in particular the building permit; the supplier shall be pleased to assist him on request in procuring the building permit or other official permits and shall provide him on request with the necessary documents, insofar as they are available, at his own expense.
- Place of performance and jurisdiction Transactions in Germany and/or Ireland
10.1 The place of performance for all obligations in the contractual relationship shall be 63755 Alzenau Germany for transactions in Germany, for transactions in Ireland the place of performance shall be Dublin Ireland.
10.2 The place of jurisdiction, irrespective of the amount in dispute, also for bill of exchange and cheque proceedings, shall be 61169 Friedberg for transactions in Germany, otherwise Dublin, Ireland for all other transactions. The supplier Trifolio is, however, entitled to choose another, deviating, place of jurisdiction.
10.3 The legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany. Unless it is a business between Irish companies, then the Irish law applies.
11. general
11.1.These terms and conditions of sale shall apply to the execution of all contracts relating to the sale of new and used containers of all types, halls, as well as to the sale of merchandise of all types.
11.2 Should an individual provision of a contract, including an agreement in these terms and conditions, be ineffective for any legal or factual reason, the legal effectiveness of the remaining contract shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision.
The parties agree to replace the contract by a feasible regulation whose effects come closest to the economic objective.
11.3.Additions and amendments to this contract must be made in writing. This requirement can only be waived in writing.
11.4 Insofar as no individual provisions have been made in the contract and these terms and conditions do not contain a provision, Trifolio must be consulted.
Trifolio Ireland 365 Ltd Telephone: +353 (0) 86 457 9658 E-mail: info@trifolio-trade.com, 20 Harcourt Street, D02 H364 Dublin 2, Ireland www.trifolio-trade.com
