Distribution of all orders is handled through the LKG Kommissions- und Abrechnungsgesellschaft mbH
Prices and Payment Conditions
- Unless something expressly different has been specified, prices for publishing products shall be net prices excluding delivery charges; the customer shall be invoiced for delivery charges under separate cover.
- Payments shall be made at the latest by the payment deadline indicated on the invoice and to the account held by LKG that appears on the invoice. The customer shall only be granted postage and discount deductions if these have been expressly approved in writing beforehand by LKG.
Setoff and Assignment
- A setoff, as well as the assertion by the customer of performance refusal rights and retention rights shall be permissible only with claims that are uncontested or have been declared final and absolute by a court of law.
- LKG shall be entitled to assign the claims from the sale of the publishing products.
Retention of Title
- The publishing products delivered by LKG to the customer shall remain the property of LKG or the relevant publisher (reserved goods) until the fulfillment in full of all claims by LKG against the customer resulting from the business relationship.
- The customer shall be entitled to sell the reserved goods as part of his regular business operations. The entitlement to sell shall expire automatically in the event of an unsuccessful attempt at enforcement at the customer, in the event of protest against a check or bill of exchange to be cashed by the customer, as well as in the event of an application being made for insolvency proceedings to be opened on the customer’s assets. Other dispositions relating to the reserved goods, in particular their being pledged or assigned as collateral, shall be impermissible.
- The customer shall here and now assign to LKG all the accounts receivable from the further sale of the reserved goods, with all the ancillary rights. Subject to revocation at any time, the customer shall be entitled to collect in regular business operations the accounts receivable assigned to LKG. As long as the customer fulfills his payment obligations as agreed – including to third parties – LKG shall make no use of its own authority to collect.
- LKG shall pledge to release collateral in accordance with item 4 as soon as the value of the existing collateral exceeds the claims by LKG against the customer by more than 10 %.
Claims for Defects, Liability and other Terms
- Complaints shall be made to LKG within eight days after receipt of the delivery, stating the publisher, the invoice number, and the control number, or enclosing the invoice.
- Furthermore, (in this sequence) the General Terms and Conditions of the publisher from which the publishing products came, the transport regulations for the book trade of the Börsenverein des Deutschen Buchhandels e.V., as well as general book trade transport practice shall apply.
- For the framework agreement and the business conducted on the basis of it the law of the Federal Republic of Germany shall apply with the exclusion of the United Nations Convention on Contracts for the Sale of International Goods.
- Deviations from this framework agreement shall be in writing. This shall also apply to amendments to this clause relating to the written form.
- The place of performance and court of jurisdiction shall be Leipzig. The legal provisions shall apply for the dunning procedure.
- Should individual or several provisions be, or become ineffective, the validity of the rest of the agreement shall not be affected.