1. Scope

These General Terms and Conditions (GTC) apply to all business relationships between Jyoti – Fair Works GmbH (hereinafter referred to as “Seller”) and its commercial customers (hereinafter referred to as “Buyer”) within the meaning of Section 14 of the German Civil Code (BGB).

We do not accept any deviating terms and conditions of the buyer unless we have expressly agreed to their validity in writing.

2. Conclusion of contract

Our offers are subject to change and non-binding. A contract is concluded with our written order confirmation or upon execution of the order.

Orders placed by telephone, electronically or verbally are also considered binding if we confirm them or fulfill them by providing the service.

Silence in response to an order confirmation in commercial transactions shall be deemed consent in accordance with Section 362 of the German Commercial Code (HGB).

3. Prices and payment terms

All prices are net and subject to applicable statutory VAT.

Pre-orders are subject to a down payment of up to 50% of the net order value. The down payment is due immediately upon receipt of the down payment invoice.

Unless otherwise agreed, the remaining amount is to be paid without deduction no later than 10 days after delivery.

In case of late payment, we charge default interest at a rate of 9 percentage points above the base interest rate according to Section 288 Paragraph 2 of the German Civil Code (BGB).

We charge a reminder fee for each reminder.

4. Delivery conditions

Production will only begin after receipt of the deposit.
If the payment of the advance payment invoice is not made, the delivery will be postponed accordingly

Delivery deadlines are only binding if they have been expressly confirmed as binding by us.

Partial deliveries are permitted as long as they are reasonable for the buyer.

In the event of a delay in delivery due to force majeure or unforeseen events beyond our control, the delivery period shall be extended accordingly.

5. Retention of title

The goods remain the property of the seller until all claims resulting from the business relationship have been paid in full.

The buyer is obliged to treat the goods subject to retention of title with care.

6. Right of withdrawal in case of late payment

If the deposit or final payment is not made on time, we are entitled, after unsuccessful reminder, to withdraw from the contract and claim damages for non-performance.

7. Liability

The seller is only liable for damages in cases of intent or gross negligence.

In the case of simple negligence, we are only liable for damages resulting from injury to life, body or health as well as for the breach of essential contractual obligations (cardinal obligations), limited to the foreseeable damage typical for the contract.

8. Place of jurisdiction, place of performance, choice of law

The place of jurisdiction and performance is the registered office of the seller, provided that the buyer is a merchant within the meaning of the German Commercial Code (HGB).

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

9. Severability Clause

Should individual provisions of these Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.

The invalid provision shall be replaced by the statutory provision.