The following Terms and Conditions of Business shall be exclusively applicable unless expressly agreed to by PhalloGauge, any terms and conditions by another contracting party which deviate from our own shall not be recognized. Deviations shall only be valid if they have been expressly acknowledged by PhalloGauge. The General Terms and Conditions of PhalloGauge shall also apply to all future business with the respective contracting party.
The purchase price shall be calculated on the basis of the adjoining price list (incl. packing and shipping). The due date of the purchase price shall likewise be specified according to the current price list. Insofar as payment terms which deviate from the price list are agreed upon, these must be confirmed in writing by PhalloGauge.
The merchandise shall be delivered to the business or private address of the customer pursuant to the particulars provided by the latter. The price risk shall pass from PhalloGauge to the customer once the merchandise has been transferred to the shipping agent.
The acceptance of the delivered merchandise shall be subject to examination for correctness and suitability. The customer shall be obliged to examine the delivered merchandise within a reasonable time for obvious discrepancies in quality and quantity. Notification of defects is deemed to have been given within a reasonable period if it is received by PhalloGauge within 10 working days of delivery to the customer.
In the event of a warranty claim PhalloGauge shall be entitled to either repair or replace the merchandise at its discretion. PhalloGauge shall bear the full cost of repair or replacement. In the event of replacement, parts to be replaced must be returned to PhalloGauge. If a part to be replaced is not returned within 14 days of notification of shipping advice to PhalloGauge, the customer's right of warranty for the defective parts shall be nullified retroactively and the replacement delivery will be treated as a normal delivery.
PhalloGauge provides no warranty for defects and the consequences thereof due to incorrect use of the merchandise, in particular if the method of use is contrary to the manufacturer's specifications.
No product liability shall be accepted PhalloGauge, particularly claims for damages by a customer due to incorrect use of the merchandise by a customer or contrary to the manufacturer's specifications. The merchandise is used at the customer's risk. PhalloGauge shall only be liable for deliberate acts and gross negligence.
The place of jurisdiction for registered tradesmen for all disputes arising from this contract shall be the domicile of PhalloGauge. However, the parties shall reserve the right to bring the case before another court of jurisdiction.
Customer may only offset amounts against claims which are undisputed and have been determined by court decision. Amendments or additional agreements must be in writing.
Should any clause of these Terms and Conditions of Business or contract be or become invalid, this shall not affect the validity of the remainder of the clauses. In this case the parties shall replace the invalid clause with another clause which closely reflects the economic purpose of the original.