Terms of Service

fruittune GmbH
Regensburger Str. 25
12309 Berlin

§ 1 scope

The business relationship between the supplier and the customer the following terms and conditions in their valid at the time of the order. Different conditions of the customer are not recognized, unless, The provider agrees to their validity in writing to.

§ 2 General

fruittune assumes all orders only to his Ship- and payment. Deviations require written confirmation of fruittune. The conditions also apply to all future contracts, independently of, whether it is pointed out in the individual case or not. Conflicting terms and conditions of a business partner not apply, even if fruittune has not expressly contradicted. Should any part of the Delivery- his and payment of fruittune ineffective or excluded by written special agreement, the validity of the remaining provisions shall not be affected. The offers are not binding on fruittune. Orders are effective upon written confirmation from fruittune binding fruittune. The same applies to verbal Abredungen and declarations of any kind.

§ 3 Prices

The prices of fruittune are currently valid wage, Material- and energy costs basis. If to delivery been a change in such costs, then fruittune a price adjustment reserves. The prices are ex works, for goods delivered by the contracting authority, excluding packaging and plus VAT.
assignments, have been agreed for not explicitly specify prices, are calculated at prevailing on the date of release of the final list prices of fruittune. The entry of force on the date of the contract price list in an order or an order confirmation does not constitute an agreement for a fixed price. So much for the performance noble metal is used, has fruittune the weight of each case required for the job and the precious metal to the applicable on the day the contract daily rate on behalf of. the price for that precious metal is provided that on the Frankfurt Stock Exchange on the date of transfer of finished products as compared to the force at the date of the contract daily price changes, the price of the noble metal specified in the order, considering the respective listed there, weight and price change has occurred for the respective precious metal changes according to.

4 delivery

Delivery dates are only binding, if they are agreed in writing. If such Shippingdate, the client has the right, to set a reasonable extension fruittune. Also holds this grace fruittune not a, the customer may cancel the contract. Claims for damages for non-performance are excluded. If the performance of the obligations of fruittune due to unforeseen circumstances, which could not be averted despite reasonable care - the same amount, whether the circumstances in the work of fruittune or with a subcontractor eintreten-, impedes or prevents, then the completion extended in reasonable extent,. This is particularly true for cases of malfunctions, Failure of labor, regulatory measures and delay in the delivery of essential raw materials. Fruittune is also entitled, in the cases, completely or partially withdraw from the contract. Also, events of force majeure, For example, unrest, strike, Lockout and absence of deliveries supplier authorized by fruittune fruittune delivery postpone accordingly or withdraw all or part of the contract. The client can fruittune set a deadline of one week to make the declaration in the cases mentioned, whether fruittune resignation or deliver within a reasonable time. If fruittune not declared within the stipulated deadline by the client, the customer can withdraw from the contract. Further claims are excluded.

§ 5 payment

Invoices are payable within fruittune 10 Days after the invoice date net cash. complaints, Defenses or counterclaims, that are not provided legally or recognized by fruittune writing, not entitle the Client, to a lien against fruittune claims, offset claims of fruittune or refuse to fulfill its obligations otherwise. the client device in default of payment or if the comparison- or insolvency proceedings on his assets or if otherwise a significant deterioration in his financial circumstances, so we have the right fruittune, to require any accepted checks or drafts immediate payment of all outstanding invoices without regard to maturities any deferral agreements or the runtime. fruittune is also entitled in this case, only execute or not yet delivered against payment in advance to cancel the contract. For overdue reserves fruittune ago, Default interest in the amount of 3 % be calculated over the rate of the German Federal Bank.

§ 6 Retention of title and other security interests

As far fruittune due to the provisions of the Civil Code by processing or transformation of the goods delivered to fruittune acquire property rights to these, reserves fruittune to property until the complete payment of all its claims arising from the existing business relationship. This also applies, when the articles are further supplied or used by the client. If the subject to retention of goods sold by the Client or otherwise recovered, so, all claims are, which the client buys, with all ancillary- and security interests than fruittune UG (limited liability, Neumarkter Straße 80, 81673 Munich assigned specifically to the day contract. Furthermore fruittune is a right of retention and a lien on the passed to fruittune for processing goods for its claims. The lien can be just like the lien asserted against claims from previous orders and other claims from the business relationship. If the value of the entitled under the above mentioned conditions substantially covers the open amount, is ready fruittune, release individual securities or parts of a particular security immediately after learning of the coverage

1. Warranty obligations:
   Requirements for obtaining a proper galvanic processing the item provided goods must meet the following criteria as delivered:
2. Surface must be free of fats and oils, and be of silicones and silicone-like substances.
3. Surface must be bright, crack- and non-porous, and free of discoloration, its scale or other oxides
4. All inorganic and organic surface coverings must be removed with the common practices of Surface Technology.
5. Jewelery with stones shall be so, that a plating without discoloration or falling out of stones is possible.

Is the delivered to fruittune for surface finishing material for fruittune from undetectable reasons technologically not suitable for such a surface treatment, assumes no responsibility fruittune. Any additional costs are to be replaced fruittune. fruittune is not required, that to check on fruittune delivered material before processing for the presence of those conditions. fruittune ensures accurate and professional execution of the works acquired. is only fruittune for a particular outcome one, if expressly agreed to in writing. This also applies to the cases, where has delivered fruittune before issuing the order pattern. The client has to check the edited by fruittune goods immediately after receipt and to raise any objections immediately. Complaints for defects, which are recognizable using suitable and reasonable test methods, only be considered, if received no later than one week after receipt of the goods at fruittune. For complaints fruittune opportunity for review must, if necessary, on the spot, are given. Specifications of the client through special processing or certain material conditions are complied with in the context of the technical possibilities of our company and in compliance with industry-standard tolerances. A liability for non-compliance with material requirements will not be accepted. Machining defects eliminated fruittune in its operation within a reasonable period of grace. Fulfills its obligation to repair fruittune not work properly after, then the customer can demand a reduction of the agreed payment or, if the service performed by then of fruittune for the client is unusable, rescind the contract. Further warranty claims, particularly for compensation for material or lost profits are excluded. If delivered goods unusable due to processing errors, the processing of spare parts in the extent of the original order will be obliged. If claims for damages are justified against fruittune. Refunded fruittune the damage to the height of the order total. For small parts and serial products is or for shortages. Committee up to the amount of 3 % of the total order accept no liability. Other claims for compensation are excluded. After three months since the transfer of risk warranty claims and liability for damages barred.

§ 7 Transfer of risk and default of acceptance

The risk of accidental loss and accidental deterioration passes to the customer with the notification of readiness for collection. Otherwise, the risk of accidental loss and accidental deterioration to the customer goes over, leave as soon as the final products are to the person performing the transport pass or for the purpose of sending the work of fruittune.
If the customer is in default of acceptance, it may require fruittune compensation for any resulting damage including any additional expenditure. The same is true, if the principal obligations to cooperate, unless the client is not responsible for the breach of other obligations to cooperate. The risk of accidental loss or accidental deterioration of the final products shall pass at the time on the client, in which he falls into arrears.
If the shipment is delayed due to circumstances, the fruittune is not responsible, then the risk is transferred to the customer with notification of dispatch.
End products are without prejudice to any claim even accepted by the client, if they have minor defects.

§ 8 liability

For damages resulting from the breach of a guarantee or from injury to life, Body or health is liable fruittune unlimited. The same applies to intent and gross negligence. liable for ordinary negligence only fruittune, unless essential obligations are violated, the result from the nature of the contract and which are for the purpose of the contract is of particular importance. In case of breach of such obligations, Delay and impossibility, the liability of fruittune to such damage is limited, must typically be expected to arise under the contract. Compelling legal liability for product defects remains unaffected.
If the liability is excluded or limited by fruiittune, this also applies to the personal liability of employees, employee, Employee, Representatives and agents of fruittune.

§ 9 confidentiality

The parties are obliged, all becoming available to them information, which are designated as confidential or under other circumstances as a Business- or trade secrets are recognizable, unlimited period of time and, unless required for the business relationship, neither record or divulge or exploit.

The parties will by appropriate contractual arrangements with the workers and working for them

ensure responsible, that these indefinite their own exploitation, Disclosure or unauthorized recording of such business- refrain and trade secrets.

The confidentiality obligation does not apply, provided that the information was known proven prior to the start of the supply relationships, are generally known or generally available, generally must be through no fault of the receiving party or be accessible or shared by virtue of legal or Executable with court arrangement. The onus rests with the party, the appeals thereon.

§ 10 final provisions

The transfer of rights and obligations of the customer to third parties is possible only with the prior written consent of fruittune.

Against claims of the principal only entitle him to compensation, if they are legally established or undisputed. A lien, the client may only assert, if his claim is based on the same contract.

The legal relations of the client to fruittune the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (fish).

The exclusive venue for any disputes arising from the business relationship between fruittune and the client is the seat of fruittune. fruittune is also entitled to take legal action at the customer as well as at any other permissible place of jurisdiction.

Performance for all services of the client and of fruittune is the seat of fruittune.

The contract language is German.

If any provision of these terms and conditions wholly or partially invalid or unenforceable, or should these General Terms and Conditions are a gap, the validity of the remaining provisions shall not be affected. Instead of the ineffective or impractical provision, the effective or feasible provision considered as agreed, which meets the purpose of the invalid or unenforceable provision. In the case of a gap regulation is considered agreed, corresponding to the, what would have been agreed on the purpose of these General Terms and Conditions, unless the parties have in considered the matter forward.