Terms and conditions of sale
1.1. All our deliveries, services and offers shall be made in compliance with the terms and conditions outlined below. Any terms and conditions other than those shall not be applicable on Sturm Handels GmbH unless specifically accepted by Sturm in writing. Terms and conditions outlined below shall be applicable even if Sturm delivers without any reservation knowing differing terms and conditions of the buyer.
1.2. Terms and conditions other than those outlined below shall not be applicable unless specifically accepted by Sturm in writing.
1.3. Terms and conditions outlined below supersede previous terms and conditions and shall be applicable to all future business with the buyer.
2. Offers and prices
2.1. Offers are subject to confirmation. Orders are binding on Sturm upon confirming them, or upon delivering goods ordered. Prices are calculated on purchase of minimum order quantities or packing units (VE). You are requested to observe those minimum quantities and/or packing units when placing an order.
2.2. All prices quoted are ex works (EXW) and do not include packing, freight charges an VAT. The minimum amount for domestic and EU customers is EURO 150,00 net per order. For orders from third country minimum order value is Euro 500.00 net.
2.3. We reserve the right to amend prices due to changes on commodity markets and/or exchange rates.
3.1. First orders of new customers shall be delivered COD exclusively. International orders shall be delivered upon receipt of a full pre-payment based on a pro forma invoice issued by Sturm.
3.2. A deadline or delivery date may be met only if the buyer fulfils his obligations from the contract in time and accordingly. A delivery date shall be regarded as observed if the goods had left our warehouse upon expiry of the term, or if the buyer had been instructed that goods are ready for pick-up.
3.3. Force majeure – i.e. circumstances and incidents which cannot be avoided acting in strict compliance with the rules of accurate management – will suspend the obligations of the parties for the duration and in the extension of the disturbance. This applies even if above mentioned circumstances occur when Sturm is already in default. If delays resulting from those circumstances overlap in a period of three months, both parties have the right to withdraw from the part of the contract affected. There shall be no other claims than those.
3.4. Partial shipments in a reasonable extent may be considered. Excess or short deliveries in accordance with Sturm minimum order quantities or packing units are acceptable.
4. Dispatch and passing of risk
Loading and dispatch of goods will be performed EXW not including insurance at buyer’s risk and expense even if partial shipments are being made and Sturm is supplying other services such as freight charges and transport. If any dispatch is delayed for reasons caused by the buyer, all risk passes to the buyer when notified that goods are ready for pick-up.
Sturm selects the forwarder unless instructed otherwise. Upon request of the buyer goods may be insured at his expense.
5.1. Purchase on account is only possible after a solvency check for the customer by Sturm and confirmation by Sturm. Invoices are due for immediate payment without any deduction.
5.2. In case of delayed payments we are allowed to claim interest according to market conditions and reserve the right to claim further damage.
5.3. In case of delayed payments we are entitled to make all claims from the business payable.
5.4. The customer can only retain merchandise or offset own claims against our claims if those are undisputed, legally determined and acknowledged by Sturm.
6. Complaints and their adjustments
6.1. We do not sell products if we know that these products are subject to Intellectual Property Rights (such as Patents, Utility Models, Trademarks, Designs) belonging to Third Parties (Third-Party Rights). However, we do not guarantee that our products are free of Intellectual Property Rights. We therefore exclude any liability with regard to these Third-Party Rights. It is the sole responsibility of the customer to read up on eventual Third-Party Rights. We will not hold harmless the customer in case that a Rights holder sues the customer for infringement of his Intellectual Property Rights. In case that an infringement occurs, we have the right to immediately terminate to sell the infringing product(s).
6.2. The customer might use the right to complain only if he has carefully checked the merchandise in accordance with article 377 of the German Commercial Code. Any claim will be considered only if it arrives in writing immediately after receipt of the merchandise (for hidden faults: after being detected)
6.3. In case of used merchandise, Sturm will not accept any complaint. Same applies to unused merchandise origination from government stock.
6.4. Regarding new merchandise we handle complaints in accordance with article 6.2. of the given terms as follows:
6.4.1. If the fault lies within our responsibility, we reserve the right to decide whether to repair or replace the item. In case of repair, all necessary steps including transport charges and material costs are at our expense unless they were increased by bringing the merchandise to a place other than the place of delivery. Faulty merchandise may be returned to Sturm only after getting our explicit approval.
6.4.2. If Sturm is not ready or not able to repair or replace a faulty item, if repair or replacement exceed an appropriate period of time and the delay is our responsibility, or if repair or replacement fail for other reasons, the customer might use the right to withdraw from the contract or demand reduction of price.
6.4.3. Further claims of the customer are excluded unless lined out otherwise in articles 6.4.4. and 6.4.5. of the given terms. We are not liable for any damage other than in the item itself such as lost profit or financial loss of the customer.
6.4.4. The above warranty disclaimer is not applicable if the damage was caused with intent or gross negligence or if the customer claims for compensation because of the lack of warranted characteristics.
6.4.5. In case of a culpable violation of a significant duty under the contract compensation will be limited to the foreseeable damage typical under the contract. In all other cases warranty is excluded as lined out in article
6.4.3. of the given terms.
7. Joint liability
7.1. Any compensation for damages further than lined out in articles 6.4.3. – 6.4.5. of the given terms is excluded. This is not applicable for claims under Product Liability Act and cases of initial disability or impossibility.
7.2. If our liability is excluded or limited, the same is applicable for the liability of our employees, workers, staff members, sales agents and any auxiliary persons.
8. Protection of data privacy
9. Reservation of proprietary rights
9.1. Merchandise delivered by Sturm remains property of Sturm unless all obligations of the customer under the contract are fulfilled. In case of non-contractual behaviour of the customer, especially in case of delayed payment, we might use the right to take back merchandise delivered by Sturm.
9.2. The customer is entitled to sell the merchandise in the regular course of business. He already now assigns to Sturm all claims from the business up to the extent equalling the amount of invoice including VAT. Nevertheless, the customer is authorised to collect his receivables. This may be revoked in case of delay or stoppage of payment.
10. Place of delivery and Place of jurisdiction
10.1. Place of delivery and place of jurisdiction is Rottenburg/Germany. For all legal relationships under the contract or connected to the contract only German law is applicable. The application of the United Nations Convention on Contracts for the International Sale of Goods, CISG as of April, 11 April, 1980 shall be excluded.
10.2. Exclusive place of jurisdiction shall be Tuebingen/Germany. Art. 6 No. 2 of the Regulation CE 44/2001 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters shall not apply.
11. Laws and regulations
It is responsibility of the customer to comply with all laws and regulations regarding import, export and sale of merchandise delivered by Sturm.
Bayonets, swords, combat knives, Bengali torches, nightsticks, defence sprays etc. may be sold to adults (18 years) according to German weapons law. A license is obligatory for sale on trade shows and exhibitions. For several items export licenses are required. Please obey with all export regulations.
This website is subject to international copyright regulations. Displacement of this site, partly or total modification or copies are only allowed after explicit confirmation by Sturm Handels GmbH.