Terms & Conditions
1. Scope
These terms and conditions apply to all contracts, offers and services between FREIGHTPIER, Paul Ludwig Gehl ("we", "us") and its business customers ("client"). They apply exclusively to entrepreneurs (B2B). We do not contract with consumers.
Terms of the client that deviate from, contradict or supplement these terms only become part of the contract if we expressly accept them in writing.
2. Services
We provide sourcing, product development, supplier management, quality control and logistics coordination services. The exact scope of services results from the individual agreement with the client, in particular from a written offer or order confirmation.
We act as an intermediary and service provider between the client and third parties (factories, suppliers, freight forwarders). Unless expressly agreed in writing, we are not the manufacturer of the goods and do not assume the role of a manufacturer under product liability law.
3. Offers and contract formation
Our offers are non-binding and subject to change unless expressly marked as binding. A contract is formed when we confirm an order in writing (including by e-mail) or begin performance of the ordered services.
Quoted prices for sourced goods depend on supplier terms, exchange rates, freight and customs rates and are therefore subject to reconfirmation where underlying conditions change materially before contract formation.
4. Prices and payment
All prices are quoted in euro. As a small business within the meaning of § 19 of the German Value Added Tax Act (UStG), no VAT is charged and not shown on our invoices.
Unless otherwise agreed in writing, a down payment of 30% of the order value is due upon order confirmation, and the remaining balance is due immediately before dispatch of the goods or handover to the carrier. Invoices for services are payable within 14 days without deduction.
Payments must be made to the account stated on the invoice. The client may only offset counterclaims that are legally established, undisputed or acknowledged by us.
5. Delivery, risk and force majeure
Delivery periods and dates are estimates and non-binding unless expressly agreed as binding in writing. Sourcing and production lead times depend on suppliers, production capacity, freight and customs procedures and may therefore vary.
Risk passes to the client when the goods are handed over to the carrier. If dispatch is delayed for reasons for which the client is responsible, risk passes upon notice of readiness for dispatch.
We are not liable for delays or non-performance caused by force majeure (including natural disasters, epidemics, strikes, official measures, war) or by failures of suppliers or carriers for which we are not responsible. In such cases, agreed deadlines extend appropriately, and the client will be informed without delay.
6. Inspection and notice of defects
The client is obliged to inspect delivered goods immediately upon receipt and to notify us in writing of any visible defects without delay, at the latest within eight (8) days of receipt, stating the order number and a description of the defect. Hidden defects must be notified in writing without delay after discovery.
If the client fails to notify us in due time, the goods are deemed accepted, and any claims for the notified defects are excluded.
7. Warranty
In the event of a defect notified in due time, we will, at our discretion, remedy the defect or deliver replacement goods. If the remedy fails, is unreasonable or is refused, the client may reduce the purchase price or withdraw from the contract in the case of a material defect.
The limitation period for warranty claims for delivered goods is twelve (12) months from delivery. This does not apply where longer periods are mandatorily prescribed by law.
Warranty claims do not cover defects caused by improper use, normal wear, failure to follow care or usage instructions, or modifications made by the client or third parties.
8. Liability
We are liable without limitation for intent and gross negligence, for injury to life, body or health, and in accordance with the German Product Liability Act (ProdHaftG).
In the event of slight negligence, we are liable only for breach of material contractual obligations (cardinal obligations), and liability is limited to the foreseeable damage typical for this type of contract, in any case to the net order value of the respective order. Liability for indirect damage, loss of profit or loss of production is excluded as far as legally permissible.
9. Retention of title
Delivered goods remain our property until full payment of all claims arising from the business relationship with the client. The client may resell goods subject to retention of title in the ordinary course of business; the claims from such resale are hereby assigned to us in the amount of our invoice value.
10. Confidentiality
Both parties undertake to treat all non-public information of the other party (including product designs, technical specifications, supplier information and prices) as confidential and not to disclose it to third parties without consent. This obligation survives the end of the contract for three (3) years.
11. Governing law and place of jurisdiction
All contracts between us and the client are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction for all disputes arising from or in connection with these terms and the contracts based on them is, as far as legally permissible, our place of business.
12. Severability
Should individual provisions of these terms be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes closest to the economic intent of the invalid provision. The same applies to any gaps in these terms.