Product, trademark and design are protected under the relevant laws.

Terms of Delivery:

Our general terms and conditions apply exclusively.
Place of performance for all deliveries to Germany, Austria, Switzerland and the Netherlands and claims arising thereof is Bochum, Germany, otherwise, Macclesfield, United Kingdom.

All prices are exclusive of VAT and ’ex works’ Bochum.

Products remain our property until unconditionally paid in full.

General Terms and Conditions of Briks Ltd.

1. General:
We sell our products exclusively according to these terms, which are deemed accepted by the buyer upon placing an order. We expressly object to any buyer’s terms of supply. Any deviations require our express written consent. Verbal orders and orders placed over the telephone are only taken in at the buyer’s risk. Any verbal declarations by us as well as arrangements made with distribution partners shall not be binding upon us unless confirmed by us in writing. The invalidity of separate provisions hereof shall not affect the validity of the terms and conditions for the remainder.

2. Offers:
Our offers are subject to confirmation unless the offer itself contains a binding period. All statements concerning measurements, colours, weights, etc. are based on proximities and hence not binding. We reserve making changes to our products at any time without prior announcement.

3. Deliveries:
We endeavour to meet delivery deadlines. The designation is however not binding. In all cases of force majeure beyond our control, including disruptions of our business or the one of our suppliers, we (but not the buyer) shall have the right to withdraw from the contract in whole or in part or, upon our choice, to deliver at a later date. The assertion of damages by the buyer is excluded. The above also applies to cases where force majeure occurs at a time we are in default. We are entitled to provide for partial deliveries.

4. Prices & terms of payment:
Prices quoted in price lists are subject to confirmation and are net of VAT. All prices are ex works Bochum. We reserve correction of misprints.
Kindergartens, schools and therapeutical institutions: All invoices are payable within 14 days upon receipt. In case of late payments, interest of 5% above LIBOR applies.
Private customers: In the event of deliveries to first-time buyers, we shall only deliver against advance payment. We reserve the right to insist on advance payment or C.O.D. Setting off claims against our claims is – also in cases of warranty – excluded unless we have accepted the claim or it has become res judicata. Retention rights are excluded. Cheques, etc. are only accepted for payment, not also as performance. All costs of payment are to be borne by the buyer.

5. Passing of risk:
The risk shall pass onto buyer at loading of the goods at our works in Bochum. In the event that loading or sending are delayed due to reasons in the control of buyer, the risk shall pass to the buyer already upon us being ready to load.

6. Defects:
Any reports because of incomplete or inaccurate deliveries or due to recognisable defects must reach us within one week upon the buyer taking delivery in order to be acceptable. Defects that cannot be recognised in spite of diligent checks (hidden defects), shall be notified to us in due course after having been discovered. In the event we do not receive a notification of defect in due time, the delivery shall be deemed faultlessly performed. In the event of duly notified defects, we shall, upon our sole discretion, either repair, send replacements or – if that is not possible – allow price reduction. Claims for damages are excluded. Only if the aforementioned methods to deal with defects are frustrated, the buyer shall be entitled to withdraw from the contract.

7. Retention of Title:
All our deliveries are provided under retention of title. This means that all our goods remain our property until all our claims from the business relationship with the buyer have been settled in full. The goods need to be insured against fire and theft until the price has been paid. The buyer is only entitled to sell the goods in the ordinary course of business, and he may only do that if he notifies his customers about the retention of title to our benefit. Pledging or transfers by way of security (including blanket assignements) are prohibited. In the event of a sale of goods that are under retention of title, the buyer herewith assigns all resulting claims (including ancillary rights and security collateral) to us. We herewith accept such assignment. Should security collateral we retain exceed 130% of the outstanding receivables, we shall, upon the buyer’s request, release exceeding security in our sole discretion. The buyer shall be entitled to collect monies for goods under retention of title on our behalf if and to the extent that he is complying with his payment obligations vis-à-vis us. We reserve the right to terminate this authorisation at any time in our sole discretion.

8. Place of performance, applicable law, arbitration:
Place of performance for all contractual obligation of the parties for all deliveries to Germany, Austria, Switzerland and the Netherlands and claims arising thereof is Bochum, Germany, otherwise, Macclesfield, United Kingdom. English law applies exclusively with the exception of its conflicts-of-laws provisions and the CISG. All disputes arising out of or in connection with the delivery of our goods shall be settled under exclusion of the recourse to the ordinary courts exclusively by a sole arbitrator under the rules of the London Court of International Commercial Arbitration. The place of arbitration shall be Manchester, UK. The language of arbitration shall be English. The arbitral tribunal shall also be competent to decide on the validity of the contracts in question, including this arbitration agreement.