Conditions of payment and delivery:

If the value of the ordered goods rises above 300,00 € we are prepared to deliver free from any charges within Germany, exept for the islands. Delivery charge for foreign countries on demand. Payment will be made by a Treuhand account with the Sparkasse Pfullendorf Meßkirch. The procedure should be as follows:

• I. Order and acknowledgement of order
  You can make your order online, by telephone or by fax. All informations are handled confidentially. Per  Internet your facts will be sent cryptographically secured by SSL, so that a third person cannot have any access to them. After receipt of your order you will get a separate acknowledgement of order. Please check and sign it and send it then back to us per post or fax.
• II. Processing of order
  As soon as we receive your signed acknowledgment , we will enter it. The order facts will be transferred to S-itt - a company of the Sparkasse Pfullendorf Meßkirch. After that you should enrol at S-iTT at www.s-itt.de to confirm the data transferred by us. 
• III. Payment and delivery
  S-itt will ask you by e-mail to transfer the amount to an account with the Sparkasse. Please do this immediately as we cannot deliver until receipt of payment. Your money will be handled by S-itt confidentially - similar as a fiduciary account.
• IV. Examination of the goods, transmission of payment
  Please examine the goods on arrival and note possible damages on the shipping documents. Only if you do this we are in the position to bear for the damage in transit. The goods have to be examided within 7 days on receipt. Possible reclamations have to be adressed to us and to S-itt. If there are not any reclamations, we will receive your payment from S-itt. You can find more information about this way of payment at www.s-itt.de.

To consign log houses, summer cottages and arbours, a possibility for a lorry of 40 tons (lorry with a trailer or articulated lorry of 14 metres) to access, unlade and rotate is required. Smaller articles like fences are consigned by delivery vans. Our forwarder will inform you about the date of delivery. Delivery will be made free to the door. At arrival of the consignment you have to be present to acknowledge the receipt of the goods. After the delivery you will get an invoice which you settle net please:

1. Offers
All offers are without engagement and not binding.

2. Orders
Please understand that orders (regardless if by word or in written form) are only considered as accepted when they are confirmend by us in written form. The content of this confirmation is proper for the further transaction. The execution of present and incomming orders is also reserved on these terms without even a prior confirmation. We formally point out that at buying or selling of goods between traders only the terms and conditions of  the company H. Janssen GmbH & Co. KG are effective. 

3. Exchange and return 
An exchange or a return of  goods which have already been obtained and are not damaged is only possible if we confirm it prior in written form. The charges for the return consignment are for your account. This revertive transaction causes high costs for us. A part of these costs in the amount of  20% of the value of goods has to be carried to the buyers account. Custom-made products can not be exchanged as they have been produced individually for a customer and usually can not be resold. 

4. Reclamations 
Should you have any reclamations please inform us immediately after delivery of the goods. Damages in transit have to be noted on the schippment documents so that we can bear for them. Subsequent declarations can not be regarded unfortunately. Should your complaint be justifiable we would be prepared to bear the costs for the additional delivery of the complained parts, products or systems. Costs which are caused by the processing of complained goods or by processing of employment are not beared by us. All further demands especially on reduction or compensation of all types are excluded. Should the usual transaction of order be disturbed by reclamations, critisism or disagreements, the due payments have to be made nevertheless. 

5. Condition of the goods
Our products are fabricated accurately. Nevertheless it may be the case that there are some deviants, this normal because wood is a natural product and because of this matter it obtains its natural charakter. Deviances may be:

• small arid disruptions in the marrow or on the side, which do not pass through the whole board or deal board and therefore do not endanger the construction
• crooked knobs 
• resin bilious
• knobs may drop down while using , they can be fastened by wood dowels or paste
• For the lasting preservation of wooden products they should be coated with protective colour (e. g. by Remmers) immediately after utilization.

Errors and technical modifications excepted!

6. Retention of title (extended)

6.1. Until payment of our whole receivables - equal for what legal reasons - the consignment remains in our possession, even if payments for specially termed receivables are made. On current invoice the retention of title is considered as sicurity for our receivable. Processing takes place to the exclusion of acquisition of property according to § 950 BGB, without binding us. The processed goods are used to our sicurity amounting to the invoice value of the conditionally goods.  

6.2. If the goods are worked up by the buyer with other products which do not appertain to us, the joint ownership of the new thing is entitled to us in proportion to the value of the conditionally goods to the other processed goods at the time of  the processing. The goods emerged from the working up are considered like the conditionally goods. They are valid as conditional goods in terms of this conditions.

6.3. The purchaser is only allowed to resale our property in common business connections, to his general terms and conditions and only if he is not in delay. He is only authorized to resale the conditional goods  if the amount of the resale is passed over to us according to the paragraphes 4 and 5. He is not authorized to any other disposals of the conditional goods.

6.4. The accounts receivables of the purchaser from the resale of the conditional goods are assigned to us already now, equal if the conditional goods heve been worked up or not and if they are sold to one or to several buyers. The assigned account is considered as security amounting to the value of the resale of the conditional goods. 

6.5. If the conditional goods are resold by the purchaser combined with other products which do not apppertain to us or after working up, the act of transfer of the account receivable is only aimed for the value of the conditional goods.  

6.6. The purchaser is authorized to collect accounts receivables from resales until our cancellation which can be made at any time. But he is not authorized to dispose of such accounts receivables by act of transfer. On our requirement he is obligated to inform his buyer about the act of transfer to us. 

6.7. If the value of our securities rises over more than 20 % of our accounts receivables, we are obligated to release securities at our option on requirement of the purchaser.

6.8. The purchaser has to inform us immediately about any distraints or other interferences by a third party. 

7. Place of fulfilment, jurisdiction and applicable law 
For traders, juristic persons of the public law or subjects of public law with separate estate the place of fulfilment is Aurich - Ostfriesland.  The law of The Federas Republic od Germany is valid. Terms of foreign and european law are executed.

8. Delivery times  - delay in delivery
All our offers are valid under reserve of the possibility to deliver. As our products are consigned from several suppliers, our statements about delivery times are always not binding. Claim for damages, penalty for delay or similar for alleged delays are impossible. Moreover, the supplier is formally exempted from the adherence to a time limit or delivery commitment without any counterclaims, if the supplying industry is able to prove waiver reasons according to its terms and conditions.The credit - worthiness of the buyer is requirement for our delivery duty. 

9. Price setting
All prices are sales prices and include the added value tax effectual on date of delivery. You can get particular information about our price setting from the detailed offer as well as from our price lists. Details on prices are always not binding because of daily prices. If there are not any formal arrangements in written form, the daily price valid on date of delivery is calculated.

10. Right of withdrawal
We only sell our products to persons and institutions that are credit-worthy and solvent. Should we come to know that this requirements are not available anymore or have never been available we are entitled to cancel the sale or to change our conditions of sale at any time. We are also allowed to cancel the contract, without any claims for damages, if there enter circumstances which make it unpossible for him or his guiltiness to deliver the goods in time or accordingly. The buyer is not allowed to cancel the contract of sale without the agreement of the seller. Demission is generally excluded at custom-made products.

11. Claims for damages
Break-downs, strikes, difficulties of transport, defective packing and similar circumstances excuse us from compliance with accorded promisses for at least the due of the disturbance , the buyer can not ask for pretences. We rule out any claims for damages as well, equal if they are based direct or indirect on the defect. This regards particularly emerging assembly and disassembly costs for disbursements which are made to cure a defect. We are not liable for any consequencial damage which is caused by works errors (manufacturing defects, constructional faults and suchlike). Here we refer to the product liability of the works. On requirement of the buyer we are prepared to cede the assignable claims against our supplier to him. Without our agreement there must not be removed anything from the goods found fault as far as the criticism has not been completed, otherwise the buyer will lose his rights for deficiency. The item "goods" includes the whole consignment or a part of it, if this part forms an enclosed unit concerning to admeasurement, origin and quality. The buyer is obligated to store the goods found fault carefully. Unfortunately we are not in the position to compensate any costs of custody and other costs.

12. Trade mark rights for third parties
If there are made any consignments by subscription or other particulars of the buyer and if trade mark rights for third parties are violated through this, the buyer has to substitute us the claim originating thereby and has to release us from several pretences of the third party.

13. Despatch and risk of damage
Please examine the intactness of the goods immediately after delivery as we have to transmit damages in transit promtly. Unfortunately we are not in the position to consider any subsequentnotices of damages.

14. Payments
We only deliver against prepayment, cash on delivery (only pissible with smaller articles) or payment in advanced wirh the Treuhand bank.

16. Severability clause
Should single determinations of this terms and conditions be or become ineffective the rest of the determinations will remain unaffected. Legal regulations, which approach most to the intended meaning of our determinations will take the place of the ineffective determination.

Stand 20.08.02