General Terms and Conditions of
Brass Innovations Germany,

1. General

All business relations, regardless of kind, between Brass Innovation Germany (BIG) and the Customer are governed by the following Terms and Conditions in their respectively valid version at the time an agreement is concluded. These Terms and Conditions shall prevail over any similar or conflicting provisions of the Customer’s general terms and conditions, as well as over changed or additional terms or conditions in Customer’s acknowledgement of an order, unless agreed otherwise in writing.

All orders placed by the Customer constitute an offer to conclude a purchasing agreement regardless of the manner in which the order is placed, i.e. whether by telephone, fax, internet, e-mail, or any other means of communication. An order/offer shall not be deemed as a binding agreement until confirmed in writing by BIG or the goods have been delivered and/or the purchase has been invoiced.

BIG reserves the right to cancel the agreement in the event that BIG through no fault of its own is unable to fulfil the agreement. The Customer will be notified immediately in such cases. Any payments already made by the Customer shall be refunded. BIG shall not be liable for any further claims made by the Customer against BIG.


2. Delivery

If the Customer is a commercial entity, the Customer assumes all risk liabilities associated with delivery of the goods. As soon as the goods have been transferred from BIG to a transport company, risk liability passes to the Customer. This also applies to partial deliveries. The goods will be delivered to the shipping address specified by the Customer.
If the Customer is a consumer as defined by §13 BGB (German Commercial Code), the risks of accidental loss and incidental degradation of goods purchased through mail-order remain with BIG until the goods are transferred to the Buyer.

All prices quoted to consumers as defined per §13 BGB are prices including VAT but not including costs for handling, packaging and transport or postage as well as any possible charges for C.O.D. shipments. Purchase prices quoted to resellers/dealers are understood to not include VAT. Orders placed from within the EU (European Union) and from countries outside the EU shall be subject to the currently applicable VAT regulations of the German revenue authorities. For both buyer groups, if the Buyer requests transport insurance, the costs shall be billed to the Buyer. Volume discounts on purchase prices may be granted to resellers/dealers by prior arrangement.

The Customer or an authorised representative must inspect the goods immediately upon receipt for possible damages, transport damages or losses. Any identified transport damages must be reported immediately in writing. The Customer must require the transport company to confirm damaged packaging in writing at the time the goods are accepted.

Specifications regarding delivery dates are always non-binding.

BIG shall not be liable for claims for damages or other claims resulting from non-fulfilment or delays. This exemption does not apply to claims for personal injury or damages resulting from gross negligence or wilful conduct on the part of BIG.

We do not accept orders from the USA nor from US citizens nor US companies, and we reserve the right to refuse such orders.


3. Right for Consumers to Return Goods

1. Right to Return Goods:

Consumer Customers have the right to return received goods within two weeks without naming reasons simply by shipping them back to BIG. This two-week period does not begin until the Customer actually receives the goods along with a copy of these Terms and Conditions. Only with goods not able to be sent by parcel (e.g. bulky goods) are you also permitted to submit a written return request, e.g. letter, fax, or e-mail, asking us to handle their return. To meet the deadline it suffices to send the goods back, or submit a return request, by the end of the two-week period. In all cases, we shall bear the costs and risks of return shipments. All returns and return requests must be addressed to:

Brass Innovations Germany
Helmut Engelmann
Am Püttkamp 74, 40629 Düsseldorf
Germany

2. Consequences of Returns:

In the event of a valid return of goods, the payments/goods received by both parties must be refunded/returned and any possible benefits (e.g. benefits of use) must be compensated. Compensation for loss in value can be demanded from the Buyer for degradation or depreciation of the goods. This does not apply when the degradation is solely the result of inspecting the goods – as would also be possible in a store location. You can avoid being possibly obligated to provide compensation for loss in value by not immediately using the goods as if you owned them, and by avoiding all influences that could result in loss of value.

The right to return goods such as mouthpieces protected with a protective film on the shaft and shrink-wrapped or sealed data media such as CDs, audio cassettes, videos, DVDs, and also books and sheet music as well as software can only be honoured when the goods are sent back with the protective film, shrink-wrap, or original seal still unbroken. This means that the goods must not be inspected or tried out as if the Buyer already owned them.

The right to return goods in no case applies to goods that have been custom-made or modified in accordance with the Customer’s wishes.
When BIG receives a return request from the Customer, BIG can, upon prior notice, also commission a representative to pick up the goods at the Customer’s premises. The Customer is responsible for ensuring that the goods can be picked up at the appointed time.


4. Warranty and Damage Claim Liability

The statutory regulations as per §§ 434 ff. BGB shall be applicable. BIG shall in no way be held liable for warranty claims for defects or damages attributable to negligent or improper handling or improper installation or use of unsuitable accessories or modifications to original parts by the Customer or third parties not authorised by BIG.

Normal wear is not covered by this warranty.
Injuries or irritations, regardless of kind, that the user suffers from improper and/or excessive use of the products are exempt from damage compensation claims/liability claims. This exemption does not apply to claims for personal injury or damages resulting from gross negligence or wilful conduct on the part of BIG.

The Customer may only make warranty claims for transport damages when he has fulfilled his obligation to inspect the goods and report any damages as per §2 Para. 3 of these Terms and Conditions.

The warranty period for new articles is 24 months. This period begins with the date on which risk liability passes to the Customer. The warranty period for used articles is one year. If the Customer is a commercial entity as per § 14 BGB, the warranty period is one year for new articles, and six months for used articles, beginning with the transfer of risk liability.
If BIG is responsible for a product defect, then BIG shall at its discretion be entitled to either repair the product, or provide a suitable replacement. If the Buyer is a consumer as per §13 BGB, then the Buyer shall have the right to decide whether the product is to be repaired or replaced. BIG however reserves the right in such cases to ultimately choose a different option as long as this does not disadvantage the Buyer to any great extent. Minor defects, however, do not entitle the Buyer to cancel the order as long as non-compliance is insignificant.

Liability shall not extend to Customer claims going above and beyond those listed above – regardless of their legal basis. This exclusion, however, does not apply to claims for personal injury or damages resulting from gross negligence or wilful conduct on the part of BIG.

The exemption from liability stated above shall also apply when the Customer makes claims based on product liability laws.


5. Payment Terms and Due Date

All invoices from BIG must be paid immediately in advance and in full unless agreed otherwise in writing.

If the Customer becomes delinquent in payment of the purchase price, then interest charges amounting to the base interest rate currently quoted by the European Central Bank plus five percent will accrue on the purchase price during the period of delinquency.

In the event that BIG can prove that it has incurred greater damages due to delinquency, then BIG reserves the right to claim these damages.


6. Retention of Title

Title of delivered articles remains with BIG until the Customer fulfils all payment obligations to BIG including incidental claims. For agreements with consumers as per §13 BGB, BIG retains title until the purchase price has been paid in full.

The Customer must keep the goods free from all liens, assignments and encumbrances or other measures jeopardising BIG’s ownership up until all payment obligations have been fulfilled. The moment the purchase agreement goes into effect, the Customer waives to BIG all rights with regard to future claims from subsequent transferees to the extent of the purchase price agreed between BIG and the Customer including interest and incidental claims, or the Customer upholds BIG’s ownership in possible bankruptcy/insolvency or revenue office proceedings against himself. BIG hereby accepts this waiver.


7. Place of Performance and Jurisdiction

These Terms and Conditions are governed by the laws of the Federal Republic of Germany, expressly excluding the provisions of the United Nations Convention on the International Sale of Goods.
The place of performance for all obligations resulting from business relations with BIG is Düsseldorf/Germany.

In the event the Customer is a commercial entity, the sole jurisdiction for actions brought against BIG is Düsseldorf. This also applies to actions BIG may initiate against the Customer if the Customer is not a consumer and it is permitted to agree on a jurisdiction.


8. Concluding Provisions

If any provision of these General Terms and Conditions is determined to be unenforceable – regardless of the reason – the remaining provisions shall remain in full force.
If you have any questions regarding our Terms and Conditions, or you would like to obtain a printed copy of them, please e-mail us at:
info/at/brass-innovations/dot/de