Cincinnati Smale Riverfront Park

General Terms and Conditions of Richter Spielgeräte GmbH

Our assembly work is subject to our terms and conditions of assembly.
Terms and Conditions of Delivery and Payment, gültig ab 01.05.2017

1.    Scope
All our quotations, business transactions and deliveries are exclusively subject to the following terms and conditions. These terms and conditions shall also apply to any future business transactions, even if not expressly agreed upon in each case. Any counter-confirmation by the purchaser referring to purchaser’s own terms and conditions is hereby repudiated.

 

2.     Quotations
Our quotations are based on the documents provided to us and are non-binding. The same applies to cost estimates that are prepared to the best of our knowledge. Unless expressly marked as “binding”, the information provided in our quotation documents, such as illustrations, drawings, specifications, information on quality, materials, weight, dimensions, functions and safety, as well as any and all information provided in brochures and other printed material are only approximate information and cannot be deemed binding. Product features shall only be deemed warranted if expressly confirmed in writing. All contractual agreements must be in writing according to section 126b of the German Civil Code, (BGB) (e.g. e-mail, fax, letter).

 

3.    Intellectual property
3.1 Unless expressly agreed otherwise, we shall retain title and right of use to all flyers, catalogues, production templates, drawings, models, tools, etc. Purchaser is only authorised to use these documents and to grant third parties access thereto within the scope of the contract concluded with us.

3.2 Purchaser agrees to support us to the best of their ability in enforcing any claims against product imitators, plagiarists and any other infringers of our industrial property rights, our copyright or our know-how rights.

 

4.     Conditions of delivery
4.1 All list prices quoted are exclusive of VAT, net, ex works. Unless agreed otherwise, the current rates of our carriers shall apply. Shipment shall be sent uninsured, at purchaser’s risk. The risk shall pass to the purchaser when the goods are passed on to the forwarding agent, freight forwarder or other carrier. Freight costs can include packaging costs.

4.2. The choice of transportation route and method of transport shall be made at our discretion under exclusion of any liability.

4.3 The recipient must have any transport damage certified by the shipping company immediately upon receipt of the goods. Complaints shall only be recognised within 8 days of receipt of the equipment. Otherwise, no compensation claims can be made against the shipping company. Please notify us within 3 days in order to enable us to assist you in handling such claims.

4.4 Delivery terms or delivery dates specified shall be non-binding. Such terms or dates shall apply from the date of posting of the order confirmation or written explanation of all technical details and special requirements and require the timely receipt of all the necessary documents and down-payments from the purchaser. We shall not be responsible for any delays in delivery even in the case of binding terms and dates if such delays are caused by circumstances beyond our control – e.g. strikes, lockouts, government orders etc.; this shall also apply if such circumstances occur at our suppliers’ and subcontractors’ works. We shall be entitled to postpone the term of delivery for the duration of the hindrance. Compensation for delay damages shall be limited to ½% of the value of the goods for each full week, up to a maximum of 10% of the total invoice amount of the delivery affected by the delay. This liability restriction shall not apply in the case of intent or gross negligence.

4.5 Part-deliveries and excess and short deliveries within the scope of commercial practice are permissible.

4.6 Purchasers may not refuse to accept delivery of goods with minor defects if we acknowledge our obligation to remedy such defects.

 

5. Conditions of payment
5.1 Our invoices are payable within 30 days from the date of invoice. We grant 2% discount if payment is made within 14 days. The invoice will be issued on the date of delivery; in the event of a delay in delivery caused by purchaser, the invoice will be issued on the date on which the goods were ready for delivery. If the payment date is exceeded, purchaser shall be obliged without prior reminder to pay interest at a rate of 8% above the basic interest rate of the European Central Bank.

5.2 We shall be entitled to issue separate invoices for part-deliveries from a global order.

5.3 Off-setting or the assertion of the right to retention on the basis of counterclaims that have not been recognised by us or have not been legally asserted shall be excluded.

5.4 We reserve the right to carry out a credit assessment, which may lead to different conditions of payment.

5.5 Deliveries to private individuals i.e. private institutions (e.g. associations) are generally made on advance payment basis.

 

6.     Retention of title
All equipment delivered shall remain our property until receipt of full payment for our claims and any and all existing subsidiary claims. It is agreed that any claims or equivalent value arising from the resale or installation of equipment (this shall also apply to insurance claims) shall be transferred to us by way of security. If equipment is installed permanently, we shall receive co-ownership in proportion to the value thereof.

 

7.     Remedy of defects and limitation of liability
7.1 Our services relate to skilled workmanship, the use of materials for the intended purpose and structurally stable and durable design and construction.  We shall provide replacement for any defect items of equipment or part-deliveries as well as for the absence of any warranted features. Such replacement shall cover the material, but not the assembly work. Compensation claims shall be limited to the individual faulty parts. In this respect, our shipments shall be deemed separable services. Notices of defects do not release purchaser from his payment obligations.

7.2 Purchaser’s statutory rights shall remain unaffected should we fail to fulfil our obligation to provide a replacement delivery or render subsequent performance in accordance with the terms of the contract. We shall only be liable to provide compensation for damages in cases of intent or gross negligence.

7.3 The following periods apply for the assertion of warranty claims:

  • 2 years for all moveable parts and ropes
  •  up to 5 years for all fittings
  • up to 5 years for wooden stand posts except for
    • wood (fir / spruce) that has been pressure impregnated according to DIN 68800: up to 7 years
    • up to 10 years for robinia and paper-based laminates
  • up to 15 years for stand posts made of concrete and metal (including steel ground anchors)
  • 3 years for all other parts

7.4 Warranty claims shall be excluded if the equipment supplied is subject to improper use or is amended or if the technical markings of origin are altered or removed without our written consent. Warranty claims shall also be excluded if the installation of the equipment is not carried out correctly by the purchaser and the installation is the basis for the warranty claims. Warranty claims shall also be excluded in relation to wilfully damaged parts, e.g. severed ropes etc. No warranty shall apply to painted play surfaces made of wood or powder-coated metal. Warranty claims shall also be excluded in the case of improper maintenance. Dry cracks do not constitute defects. We therefore reserve the right to examine the assembly and the maintenance protocols before settling warranty claims.

 

8.     Constructional changes and changes in material
We are entitled to carry out amendments that do not affect the functionality of our products at any time;

this shall have no effect on the contents of the contract.

 

9.     Miscellaneous
9.1 The place of performance is Frasdorf/Obb.

9.2 The court of jurisdiction for all disputes including cheque and bill of exchange suits is Rosenheim in Upper Bavaria if the purchaser is a general merchant or has no general place of jurisdiction in Germany or transferred his place of residence or business abroad after concluding the contract. We are nevertheless entitled to take legal action against the purchaser at his general place of jurisdiction.

9.3 Should any provisions be or become invalid or unenforceable, this shall not affect the remaining provisions. Invalid provisions shall be replaced by valid provisions that most closely reflect the intended purpose of such invalid provisions.

9.4.German law shall apply. The terms of the UN Sales Convention do not apply.