General terms and conditions

(terms of purchase, delivery and payment)

General terms and conditions of Compendium GmbH are valid for all transactions.

Following conditions are part of the contract and take priority over deviating purchasing or similar conditions of the purchaser. Conditions form a basis of all business relationship and do not have to be agreed once more when doing business in the future. The purchaser's terms and conditions will not be considered.
Deviations, supplements and special confirmations need to be agreed in writing order to be effective.

1. Prices
Decisive for price setting is the list price or quotation price valid on the day of delivery. Offers are binding during time of offer calculated from day of tendering. Our prices are calculated ex works after tax, plus freight. Legal VAT will be added.

2. Terms of payment
Invoice will be made out on the day of delivery or part delivery, unless otherwise agreed. Period allowed for payment starts with date of invoice. Payment has to be made immediately without deduction in Euro unless otherwise instructed. Payment by bill of exchange needs to be agreed before. When payment is delayed you will have to pay interests of 1% per month. Collections expenses will be charged as follows: 6.00 € will be charged for the first and 10.00 &euro for the second reminder. Assertion of further damages caused by delay will be reserved. When payment is made by bank transfer receipt of payment will be that day on which Compendium GmbH receives credit advice. Compendium GmbH reserves the right to demand prompt payment of all open accounts, due bills as well as payment of all bills of exchange when the principal´s financial circumstances gets worse or when the principal is in delay of payment. In case of problems of liquidity Compendium GmbH reserves the right to deliver against payment in advance until the financial situation is stable again. Furthermore, Compendium GmbH has the right to stop and refuse executing orders.

3. Reservation of proprietary rights
Delivered goods are proprietary of Compendium GmbH as long as all requirements are met. Transfer by way of security as well as attachments are prohibited. In case of disposition of goods by a third party the purchaser must disclose his/her customers. In case of access to goods by a third party especially in case of attachments the purchaser immediately has to inform the third party about the supplier´s reservation of proprietary rights. We exclusively deliver among the conditions of extended reservations of proprietary rights.

4. Transferability
After prior announcement Compendium GmbH reserves the right to transmit rights of supply contracts to a third party.

5. Cancellation
If the purchaser refuses to fulfil a contract Compendium GmbH may insist on fulfilment of the contract or Compendium GmbH is allowed to charge 40% of the gross sales price. If the purchaser refuses reception of delivery due to reasons Compendium GmbH does not have to represent so costs which arose because of return consignment and new dispatch are on account of the purchaser.

6. Delivery time
Delivery times mentioned by Compendium GmbH are to be considered as approximate and subject to confirmation and will be fulfilled if possible. Supplier is not committed to make up for loss which occurs as a result of exceeding delivery time. In case of force majeure or in cases of other extra ordinary events which are also regulatory measures, operational disturbances and extraordinary disturbances as regards self delivery Compendium GmbH reserves the right to deliver at a later date or to deliver restrictedly. Moreover, Compendium GmbH has the right to withdraw from a contract without having a commitment towards damages and subsequent delivery.

7. Warrant of merchantability
A letter of complaint must be sent in written form to Compendium GmbH within 8 days after delivery. Customary deviations do not authorise to send a letter of complaint. As regards errors or defects on a part of the delivery the remaining, undamaged part has to be removed and must be paid. Letter of complaints are considered to be accepted if they are confirmed in writing by Compendium GmbH. In this case Compendium GmbH is entitled to make a subsequent improvement, a replacement delivery or to cancel the sales agreement. This especially applies to direct loss and consequential damage. If directions of Compendium GmbH or directions of the manufacturer are not observed claims for damages are excluded.

8. Take back and exchange
Costumer´ s specification cannot be exchanged. Return consignments which are freight forward cannot be accepted. Generally, a returns number is issued for taking back goods.

9. Data privacy
Data required for order processing are saved by Compendium GmbH. All individual – related data are kept in confidence.

10. Invalidity of individual conditions
This does not apply to the remaining conditions should one of these conditions be or become invalid or partly invalid. The invalid condition will be replaced by a condition which is closest to the invalid one as regards content and economy.

11. Additional agreements
Additional agreements are to be made in written form. Additional agreements which are only made verbally are not legal.

12. Following regulation applies to the trade with dietary supplements:
The contractor has sole responsibility as regards marketability of contractual products in the respective country. The same applies to all textual and promotional statements on all advertising material und packaging as well as in the environment of the marketing authorisation holder. As far as liability results nevertheless from the legal situation of Compendium GmbH, the contractor internally releases liability from all claims and provides compensation for the damages including all costs for defence of such claims. The same regulation applies if rights of a third party are affected by placing particular products on the market (e.g. patent law or similar).

13. Place of delivery and place of jurisdiction
Place of delivery for payment and consignment is Regensburg, this applies to place of jurisdiction as well. Above mentioned regulations are legally binding and accepted by the purchaser unless otherwise stipulated and confirmed in writing by Compendium GmbH.