General terms of business, nautical arts R. Hesemann (NAH)

We are working exclusivly at our inferior terms of business, which you acclaim, when you order products or services out of our company nautical arts R. Hesemann.
As at 14 november, 2004

§ 1
Validity
These general terms of business, or the version prevailing at the time an order is placed, shall apply to all contracts and agreements entered into between nautical arts, hereafter called nautical arts, and its customers, hereafter called the Customer. Where the Customer`s terms deviate from those of nautical arts, they shall become valid only if agreed to in writing by nautical arts.

§ 2
Applicable Law
It is agreed that the legal relationsship between nautical arts and the Customer shall be subject solely to German law to the exclusion of the UN Convention on the International Sale of Goods.

§ 3
Conclusion of Contract and Withdrawal
nautical arts accepts the Customer`s order in accordance with the terms as shown on the Web site. Where errors occur due to typographical errors or computational errors on the Web site, nautical arts reserves the right to withdraw from the contract.

§ 4
Delivery
Unless otherwise stated, delivery is effected exworks directly to the Customer`s stated delivery address. Passing of risk to the Customer occurs at the time the delivery, whether complete or partial, leaves nautical art`s premises. Unless exceptional circumstances necessitate the agreement and confirmation of a specific delivery date, information given about the anticipated delivery date shall not be binding. The delivery date is deemed to have been met when the ordered goods have left nautical art`s premises either before or on that date. Delivery delays with occur due to unforeseen circumstances or unavoidable delivery problems on the part of nautical art`s forwarder or acts of God, strikes, lockouts, etc., shall not be attributed to nautical arts. This shall also apply when such events occur during an already existing delay. The Customer can make no claims against nautical arts for the foregoing reasons. In severe cases, nautical arts shall inform the Customer as soon as possible when such circumstances occur and/or when they have been resolved. Claims of damages arising from nonperformance or for reimbursement of costs incurred because of the delay are limited to the value of the order. nautical arts shall only be required to effect delivery upon receipt of payment from the Customer.

§ 5
Payment and Default
The Customer can effect payment via credit card, cheque or direct debit; payment is only deemed effected when nautical arts has received the amount due. If the Customer fails to pay, nautical arts is entitled to levy default charges at a rate 4 % above the prevailing German Federal Reserve Bank discount rate. In the event that higher damages can be proven, nautical arts is entitled to levy charges in the appropriate amount. This shall not apply where damages occur through gross negligence or willful intent.

§ 6
Offsetting of Claims
The Customer may only assert defects or offset claims, delay payments, or reduce the amount owing when nautical arts has specifically agreed to this in writing or the counterclaims have been validated before the courts.

§ 7
Liability and Warranty
nautical arts reserves the right to either correct defects or replace damaged goods or to make a replacement delivery. In the event that nautical arts is unwilling or unable to replace damaged goods or make a replacement delivery, or if the delivery is delayed beyond a reasonable period and the delay is attributable to nautical arts, the Customer is entitled to withdraw from the contract or claim an appropriate reduction in cost. Unless otherwise stated, the Customer has no entitlement to any further claims against nautical arts regardless of the legal standing. nautical arts accepts no liability for damaged goods themselves. In particular, nautical arts accepts no liability for loss of profit or other material or non-material damage incurred by the Customer. Where nautical art`s liability is excluded or limited, this shall also apply to its legal representatives, employees and agents. This liability clause shall not apply where damage occurs through gross negligence or willful intent, or where the Customer asserts claims resulting from § 1,4 of the German Product Liability Act (Produkthaftungsgesetz), or claims for warranted defects or liquidated damages for failure to perform in accordance with § 463 and §480, article 2, of the German Civil Code (BGB), or in the event of inability to perform either through lack of resources or other attributable circumstances. In the event that nautical arts is deficient in performance of the contract, the liability for reimbursement of material or personal damages is limited to the damages which can normally be expected to occur.

§ 8
Privacy Act
In accordance with the [Privacy Act] , the Customer has been informed of his rights concerning data protection and consents to nautical arts collecting, processing and using his personal data to enable order processing and execution, e.g. order type, occasion, volume and delivery address, and for registration with the e-mail messaging service for the transmission of an on- line order confirmation.

§ 9
Place of Jurisdiction
The place of jurisdiction for all disputes arising from the interpretation or execution of a contract concluded between nautical arts and the Customer shall be the court of Rahden, Germany, the registered domicile of nautical arts. This shall apply whether the Customer has no legal domicile in Germany, has moved to another country, or if his abode is unknown at the time of petition.

NAH, Rahden 2004