| 1.
Validity
The following trading conditions are for all contracts,
deliveries, and other favours, unless "ADAMI-Costumes"
changes the conditions by a written statement.
2. Offer
and contract
If "ADAMI-Costumes" and the client make verbal
agreements or other warranties, which go beyond the written
contract, the client must put it in writing to "ADAMI-Costumes".
Also the correspondence by fax and e-mail has validity for
both sides. When "ADAMI-Costumes" discovers circumstances
after the end of the contract which lead him to believe
that the client may default on the contract, "ADAMI-Costumes"
is entitled to take the appropriate collateral and withdraw
from the contract.
3. Prices and terms of payment
The prices at the time of ordering will remain valid even
if they change in the future. The prices are "net end
prices" and are in EUROs excluding the value added
tax. The prices include all material costs, unless noted
otherwise. It is impossible for the client to make counterclaim
calculations. Payment is due at the end of the contract
assuming
no verbal changes in the agreement have been made such as
how and when payment is made.
4. Packing, shipping as well
as costs and risks of shipping
The client is responsibel for the costs of packing and shipping
regardless of the client’s location. The methods of
shipment are left up to "ADAMI-Costumes". If the
client desires insurance he is responsible for the costs.
If the commodity is delayed beyond the control of "ADAMI-Costumes"
then the costs and risks of storing the ommodity are the
client’s resposibility. In this case the products
are sent as soon as possible. In other respects the client
accepts the risks of using a courier service. If the client
refuses to accept the delivery, he is responsible for the
charges of this.
5. Times and delays of the
delivery
The client must accept the time
of delivery even if a delay has already occurred due to
higher forces or unexpected obstacles which are not the
fault of "ADAMI-Costumes". This also applies to
the delay caused by the suppliers and subcontractors of
"ADAMI-Costumes". "ADAMI-Costumes" will
communicate about such things as soon as possible.
If the client fails to receive the commodity because
of such events, he is entitled to withdraw from the contract.
The client may request an explanation whether “ADAMI-Costumes”
withdraws or wants to deliver in an appropriate time. If
“ADAMI-Costumes” fails to explain, the client
can withdraw. The delivery times will become longer if the
client cannot uphold his end of the contract. Partial deliveries
are permissible.
6. Retention
of title
The commodity still belongs to "ADAMI-Costumes"
until all payments from the client have been made. If the
client does not fulfill his part of the contract especially
in terms of payment then "ADAMI-Cotumes" can take
back the commodity after one warning. The client is obligated
to return the commodity.
"ADAMI-Costumes" can only
withdrawl and take back the commodity when the client accepts
in written form except if payments are not made according
to the law. In this case "ADAMI-Costumes" does
not need written confirmation about the withdrawl or taking
back the commodity. When the commodity is taken back or
there is interference from another party, the client must
immediately send written confirmation of the seized commodity
as well as written confirmation about the identity of the
seized commodity.
7. Warranty and guarantee of quality
For problems including promised qualities "ADAMI-Costumes"
is responsible for the following items:
• The client should examine the goods immediately
upon delivery for quality and quantity. If there is a problem
or efect, the client should send a written letter to "ADAMI-Costumes"
within seven days.
• If there are obvious complaints "ADAMI-Costumes"
can choose to correct the defects and send a new costume
or take back the original costume and give a credit to the
client
• The client must give "ADAMI-Costumes"
the necessary time to fix the problem. The client must also
be willing to make the goods available to "ADAMI-Costumes".
If the client refuses, the warranty will not be valid.
• "ADAMI-Costumes" is not responsible for
the resulting consequences if the client or another party
makes changes and repairs.
• "ADAMI-Costumes" and its executing aids
do not have to fulfill further requirements of the client
if the damages develop after delivery.
• Warranty is not valid for damages to the commodity
by another party.
8. Product description
Even though "ADAMI-Costumes" has had many years
of experience including careful selection and revision of
costumes, "ADAMI-Costumes" cannot guarantee that
the commodities will not deviate from the original. A desired
delivery of color and pattern may vary easily, since each
costume is unique. The costumes are not able to be returned
or exhanged since each costume is individually made.
9. Extent of liability
The responsibility of "ADAMI-Costumes" for the
commodity depends on the agreements made in the next sections,
whereby the liability claims fall under the statue of limitations
which is a quarter of a year after the client receives the
receipt of the commodity. If the client does not fulfill
his part of the contract he cannot claim for other damages.
The costumes are manufactured from different materials and
textures. Deviations from descriptions, sketches, or drafts
are possible without changing the character of the costume.
"ADAMI-Costumes" pays attention strictly to good
compatibility of the materials with the person wearing the
costume. "ADAMI-Costumes" relies on the statements
of their suppliers as to the nature of the material and
does not take any responsibilities for the health problems
due to the kind of material and its effects on the person.
They do not take responsibility for accidents caused by
wearing the costumes. Since the costumes are manufactured
from different materials, the costumes must be cleaned professionally.
"ADAMI-Costumes" will not take responsibility
for the damages caused by inappropriate cleaning. Since
the impression of the costume is the focus, (use of different
materials) it is possible that some costumes have cleaning
limitations.
10. Location of the
court and jurisdiction
The location of the court for problems concerning deliveries
and payments as well as disputes between the parties is
Aachen, as long as it remains legal.
11. Information
storage and security
Personal information of the client is confidential and only
for the private use of "ADAMI-Costumes". The information
is never passed onto a third party.
12. Final clause
Should a regulation become totally or partly ineffective
it will not effect the remaining parts of the contract.
The parties commit themselves in such a way to replace the
ineffective regulation for an effective one, which corresponds
as much as possible to the old one.
ADAMI – Kostüme
Markt 2-12
52062 Aachen
Fon: 0241 / 92 90 738
Fax: 0241 / 92 90 739
Atelier: Bendelstr. 14, 52062 Aachen
info@adami-kostueme.de
www.adami-kostueme.de
Aachen, den 9.12.2001
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