Imprint
DIEFKE WADIE MUNITION GmbH & Co. KG
Weisbacher Str. 12
97653 Bischofsheim
Tel.: 09772 6770
Fax: 09772 8543
Email: info@WADIE-Munition.de
Register court AG Schweinfurt HR B 5203
Personally liable: Company C. u. G. Diefke VerwGmbH, HR B 0741
Represented by: Christa Diefke, Michael Diefke
VAT ID: DE 132197663
Managing Director/CEO:
Christa and Michael Diefke
Responsible for the content:
Christa and Michael Diefke
General Terms and Conditions of Business
DIEFKE WADIE MUNITION GmbH & Co.KG
1. Commencement clause
For all contract formations with us are the followings regulations effective, except when written otherwhise stipulated. Contingent adverse conditions will be contradicted with this.
Our offers are without engagement. A contract will only be achieved by our written acceptance of order. Terms of purchase by orderer at variance with our terms are only authoritatively as far as we confirmed in writing. Side agreements and amendments of contract are needed in written form.
If we should abate or lift prices of the same goods between the acceptance of order and delivery, the new price will be effective. A price rice has to be communicated to the orderer immediately. If the orderer discounts the price rice within 1 week after receipt of the information, we will have the option between the cancellation of the contract and delivery to the original price. Our decision has to be communicated to the orderer immediately.By cancellation of contract, further claims of the orderer are disqualified. The same is true for apportioned contracts by not yet delivered quantities.
2. Terms of payment
Payments must be settled to us directly. Failure to comply with our terms of payment, we reserve the right to charge default interest. Discount may only be withheld from you in exceptional cases if we have expressly agreed a payment discount.
3. Dates of delivery
We are qualified for partial delivery. The date of delivery which is given recto is to be comprehended as approximate date. We reserve an overrun and a lower deviation up to 4 calendar weeks. In case of our default of delivery you are – according to disqualification – dued to the right to withdraw from the contract only if you have settled an agreeable final deadline involved with an explicit declaration that you decline the acceptance of our performance after expiration of this deadline and we unperform within the lawful period of grace. The right to withdraw is confined to the unfulfilled part of the contract, unless service part rendered is objectively not usable. With regard to potential special damage are regulations in numeral 5 effective.
4. Rescission
In the case of force majeure and other not foreseeable circumstances which interrupt or complicate fabrication or consignment for example industrial action, regulatory actions, legal changes or requirements, energy scarcity or shortage of raw materials, failures, absence of supplies of our suppliers or traffic disruption, we reserve the recession and we get rid of the obligation to deliver for the time in which the circumstances exist. This applies only, if every reasonable endeavor has been made, in order to acquire the goods. Should your order violate the law, especially the law on arms we reserve the right optional to withdraw from the contract or to modify the order that this contract complies both the legal requirements and the wishes of the orderer.
5. Warranty / guarantee
Defects which can be identified by a careful examination of the goods have to be denounced to us in written form within 2 weeks after receiving the goods. Other defects have to be denounced immediately after recovering, at the latest 6 month after receipt of order at the orderer. By timely and legitimate complaint of our goods do you have the right to abate the purchase price agreeable or to
claim changes, as far as we don´t agree to eradicate the flaw within a reasonable time or cancelling the goods and deliver replacements without delay.
6. Damages
We are liable for damages within the legal requirements. Our liability for delay, impossibility of performance, by reason of non-performance, of positive claim umbrage and of guiltiness at contract formation is as well against us as against our vicarious agents confined to cases of intent or gross negligence. This limitation of liability does not apply by absence of emphatically promised qualities if the warranty has directly aimed to protect you against damages , which didn´t rise at the delivery item itself. The limitation of liability will additional not find use if we could be coercively claimed, according to the principles of product liability.
7. Reservation of proprietary rights
Until payment of delivery and adjustment of all trade accounts payable of business connection with you, we reserve the ownership of the delivered goods. You have the right of alientation the goods within the proper run of business. In the case of divestment , the claims arisen out of the divestment will devolve to us in the interest of safety. You will assign these receivables to us and you will provide information about the assigned book account at our request at any time. We accept this cession. You are entitled to collect the claims which are devolved to us. The capacity of collecting the claims does not enable you to dispose of the claims, e.g. by assignation or pledge. If the value rise above our securing of our claims over more than 20 of 100 we are bound to your longing for release of securing. If the goods which are delivered below reservation of proprietary rights, or the objects, on which the reservation of proprietary rights spends of the delivered goods after alienation, distrained or instituted bankruptcy proceedings on your capital , we must be informed immediately.
8. Product advice
We commit ourselves to inform you within our possibilities about quality, use and administration of our goods and we furnish appropriate particulars and code of practice. This assistance takes place to the best of our knowledge. The obligation on our part doesn´t discharge you from your own checking liability and advice liability to your customer in the case of resale.
9. Bearing of the risk
From loading on means of transport all goods travel at your risk, independent of a arranged regulation of carrying costs.
10. Legal domicile
The law of the Federal Republic of Germany is effective. Schweinfurt is the agreed place of legal domicile.
11. Law on arms
For acquiring the offered ammunition you need a trading license under the provisions of law on arms of the Federal Republic of Germany. We only supply undertakings, which can attest the presence of such a license. Please remember the corresponding terms of the law on arms an his ordinances.
12. Closing provisions
If several articles of these terms and conditions should be effectless, the effectiveness left over will not be touched.
DIEFKE WADIE MUNITION GmbH & Co.KG
1. Commencement clause
For all contract formations with us are the followings regulations effective, except when written otherwhise stipulated. Contingent adverse conditions will be contradicted with this.
Our offers are without engagement. A contract will only be achieved by our written acceptance of order. Terms of purchase by orderer at variance with our terms are only authoritatively as far as we confirmed in writing. Side agreements and amendments of contract are needed in written form.
If we should abate or lift prices of the same goods between the acceptance of order and delivery, the new price will be effective. A price rice has to be communicated to the orderer immediately. If the orderer discounts the price rice within 1 week after receipt of the information, we will have the option between the cancellation of the contract and delivery to the original price. Our decision has to be communicated to the orderer immediately.By cancellation of contract, further claims of the orderer are disqualified. The same is true for apportioned contracts by not yet delivered quantities.
2. Terms of payment
Payments must be settled to us directly. Failure to comply with our terms of payment, we reserve the right to charge default interest. Discount may only be withheld from you in exceptional cases if we have expressly agreed a payment discount.
3. Dates of delivery
We are qualified for partial delivery. The date of delivery which is given recto is to be comprehended as approximate date. We reserve an overrun and a lower deviation up to 4 calendar weeks. In case of our default of delivery you are – according to disqualification – dued to the right to withdraw from the contract only if you have settled an agreeable final deadline involved with an explicit declaration that you decline the acceptance of our performance after expiration of this deadline and we unperform within the lawful period of grace. The right to withdraw is confined to the unfulfilled part of the contract, unless service part rendered is objectively not usable. With regard to potential special damage are regulations in numeral 5 effective.
4. Rescission
In the case of force majeure and other not foreseeable circumstances which interrupt or complicate fabrication or consignment for example industrial action, regulatory actions, legal changes or requirements, energy scarcity or shortage of raw materials, failures, absence of supplies of our suppliers or traffic disruption, we reserve the recession and we get rid of the obligation to deliver for the time in which the circumstances exist. This applies only, if every reasonable endeavor has been made, in order to acquire the goods. Should your order violate the law, especially the law on arms we reserve the right optional to withdraw from the contract or to modify the order that this contract complies both the legal requirements and the wishes of the orderer.
5. Warranty / guarantee
Defects which can be identified by a careful examination of the goods have to be denounced to us in written form within 2 weeks after receiving the goods. Other defects have to be denounced immediately after recovering, at the latest 6 month after receipt of order at the orderer. By timely and legitimate complaint of our goods do you have the right to abate the purchase price agreeable or to
claim changes, as far as we don´t agree to eradicate the flaw within a reasonable time or cancelling the goods and deliver replacements without delay.
6. Damages
We are liable for damages within the legal requirements. Our liability for delay, impossibility of performance, by reason of non-performance, of positive claim umbrage and of guiltiness at contract formation is as well against us as against our vicarious agents confined to cases of intent or gross negligence. This limitation of liability does not apply by absence of emphatically promised qualities if the warranty has directly aimed to protect you against damages , which didn´t rise at the delivery item itself. The limitation of liability will additional not find use if we could be coercively claimed, according to the principles of product liability.
7. Reservation of proprietary rights
Until payment of delivery and adjustment of all trade accounts payable of business connection with you, we reserve the ownership of the delivered goods. You have the right of alientation the goods within the proper run of business. In the case of divestment , the claims arisen out of the divestment will devolve to us in the interest of safety. You will assign these receivables to us and you will provide information about the assigned book account at our request at any time. We accept this cession. You are entitled to collect the claims which are devolved to us. The capacity of collecting the claims does not enable you to dispose of the claims, e.g. by assignation or pledge. If the value rise above our securing of our claims over more than 20 of 100 we are bound to your longing for release of securing. If the goods which are delivered below reservation of proprietary rights, or the objects, on which the reservation of proprietary rights spends of the delivered goods after alienation, distrained or instituted bankruptcy proceedings on your capital , we must be informed immediately.
8. Product advice
We commit ourselves to inform you within our possibilities about quality, use and administration of our goods and we furnish appropriate particulars and code of practice. This assistance takes place to the best of our knowledge. The obligation on our part doesn´t discharge you from your own checking liability and advice liability to your customer in the case of resale.
9. Bearing of the risk
From loading on means of transport all goods travel at your risk, independent of a arranged regulation of carrying costs.
10. Legal domicile
The law of the Federal Republic of Germany is effective. Schweinfurt is the agreed place of legal domicile.
11. Law on arms
For acquiring the offered ammunition you need a trading license under the provisions of law on arms of the Federal Republic of Germany. We only supply undertakings, which can attest the presence of such a license. Please remember the corresponding terms of the law on arms an his ordinances.
12. Closing provisions
If several articles of these terms and conditions should be effectless, the effectiveness left over will not be touched.