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General Terms and Conditions

bartholomesculptures.com - As of January 2024

Conclusion of Contract

Contract conclusion: All offers are non-binding. All agreements become legally effective only through our written confirmation. For all current and future orders, our conditions exclusively apply unless expressly agreed otherwise in writing. Orders placed based on the buyer’s standard conditions, even if not explicitly rejected by us, are deemed to be concluded under our conditions. Acceptance of the goods implies acknowledgment of our conditions.

Prices

Prices confirmed by us are considered fixed. In case of significant economic changes, such as increases in labor and/or material costs or force majeure, we reserve the right to adjust our prices accordingly. If no specific offer has been made, we are entitled to charge market-standard daily prices, even for labor. Our prices are ex-works, excluding packaging; any FCA (Free Carrier) delivery must be agreed upon separately. Shipping, transfer of risk: Packaging, shipping, and means of transport are at our discretion unless otherwise agreed. Packaging is invoiced at cost and not taken back. The risk passes to the buyer as soon as the goods are handed over to the postal service, railway, or forwarding agent, or in the case of pickup, once the goods are loaded, even if FCA delivery has been agreed upon. We are entitled to partial deliveries to a reasonable extent. Industry-standard over- or under-deliveries of the contracted quantity are permissible.

Delivery Time

The indicated delivery times are non-binding; claims for damages due to delayed delivery are excluded.

Payment Terms

Our invoices are, unless otherwise stated, due for payment 14 days from the invoice date without the need for a special reminder. Payments are to be made in Euro without any deduction to the supplier’s payment office in cash, no later than 14 days from the invoice date, even for partial deliveries. The credit is granted as soon as the amount is available to us. In case of default in payment, which occurs even without a special reminder, interest will be charged at the standard bank rate. Deliveries to unknown companies are only made against advance payment or cash on delivery as a value shipment. Special tools are supplied to such companies only against a corresponding advance payment, with the offsetting of the advance payment upon final delivery. Deterioration of the buyer’s solvency or non-compliance with the agreed payment conditions entitle us to modify them. In the event of payment suspension or bankruptcy of the buyer, the purchase price claim becomes immediately due. Withholding payment or offsetting due to any counterclaims of the buyer is excluded.

Retention of Title

All delivered goods remain our property (reservation of ownership) until all our claims are fully satisfied, even if payments are made for specifically designated claims. The buyer may only sell or process the reserved goods in the ordinary course of business as long as he is not in default. The buyer’s claims from the resale of the reserved goods, along with all ancillary rights, are hereby assigned to us in full, irrespective of whether they are sold to one or more buyers. When tools are installed in machines, we automatically acquire co-ownership of the respective machine. Pledging or transferring the goods without our consent before final payment is not permitted. Payments must be made to a bank account specified by us.

Additional Additions

Court Jurisdiction, Place of Performance, etc.

Place of performance for delivery and payment, as well as jurisdiction, is Stockholm, Sweden. The contract remains binding even if individual points are deemed ineffective (severability clause), and the ineffectiveness of individual conditions does not invalidate the entire agreement or release the buyer from other obligations.

Additional Additions

  • The goods, ideas, and concepts remain the property of bartholomesculptures.com until full payment of all claims, including ancillary claims, compensation claims, and redemption of checks and bills of exchange.
  • The retention of ownership remains in force even if individual claims of the seller are included in an ongoing account and the balance is drawn and acknowledged.
  • If the reserved goods are processed by the buyer into a new movable item, the processing is carried out for the seller without him being obliged. The new item becomes the property of the buyer. In the event of processing, mixing, or blending with goods not belonging to the seller, the seller acquires co-ownership of the new item in proportion to the value of his reserved goods to the total value.
  • The buyer is only authorized to process or install the reserved goods in consideration of the following provisions and only with the condition that the claims under point 6 actually pass to the seller.
  • The buyer’s rights to sell, process, or install reserved goods in the ordinary course of business expire upon revocation by the seller due to a sustained deterioration in the buyer’s financial situation, but at the latest with his payment suspension or the filing or opening of insolvency or composition proceedings over his assets.
  1. The seller hereby assigns the claim with all ancillary rights from the resale of the reserved goods to the buyer.
  2. If the goods have been processed, mixed, or blended, and the buyer has acquired co-ownership in proportion to its invoice value, he is entitled to the purchase price claim proportionally to the value of his rights to the goods.
  3. If reserved goods are installed by the buyer in a property, the seller hereby assigns the resulting claim for remuneration in the amount of the value of the reserved goods with all ancillary rights, including a right to a security mortgage with priority over the rest.

The buyer accepts this assignment. The seller is authorized, as long as he fulfills his payment obligations, to collect the assigned claims. The collection authorization expires upon revocation, but at the latest in case of the buyer’s default in payment or a substantial deterioration in the buyer’s financial circumstances. In this case, the seller is authorized by the buyer to inform the buyers of the assignment and to collect the claims himself. The buyer is obliged, upon request, to provide the seller with an exact statement of the claims assigned to the seller, including the names and addresses of the buyers, the amount of each claim, the invoice date, etc., and to provide the seller with all information necessary for the enforcement of the assigned claims and to allow the verification of this information.

If the value of the existing security for the seller exceeds his claims by more than 10%, the buyer is obliged, at the request of the seller or a third party impaired by the oversecurity of the seller, to release security at the seller’s choice.

Last Update of Terms and Conditions, Stockholm / Sweden 14.01.2024

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