GTC

general terms and conditions

1. Validity
The following trading conditions are for all contracts, deliveries, and other favours, unless "ADAMI-Costumes" changes the conditions by a written statement.

2. Offer and contract
If "ADAMI-Costumes" and the client make verbal agreements or other warranties, which go beyond the written contract, the client must put it in writing to "ADAMI-Costumes". Also the correspondence by fax and e-mail has validity for both sides. When "ADAMI-Costumes" discovers circumstances after the end of the contract which lead him to believe that the client may default on the contract, "ADAMI-Costumes" is entitled to take the appropriate collateral and withdraw from the contract.

3. Prices and terms of payment
The prices at the time of ordering will remain valid even if they change in the future. The prices are "net end prices" and are in EUROs excluding the value added tax. The prices include all material costs, unless noted otherwise. It is impossible for the client to make counterclaim calculations. Payment is due at the end of the contract assuming
no verbal changes in the agreement have been made such as how and when payment is made.

4. Packing, shipping as well as costs and risks of shipping
The client is responsibel for the costs of packing and shipping regardless of the client’s location. The methods of shipment are left up to "ADAMI-Costumes". If the client desires insurance he is responsible for the costs. If the commodity is delayed beyond the control of "ADAMI-Costumes" then the costs and risks of storing the ommodity are the client’s resposibility. In this case the products are sent as soon as possible. In other respects the client accepts the risks of using a courier service. If the client refuses to accept the delivery, he is responsible for the charges of this.

5. Times and delays of the delivery
The client must accept the time of delivery even if a delay has already occurred due to higher forces or unexpected obstacles which are not the fault of "ADAMI-Costumes". This also applies to the delay caused by the suppliers and subcontractors of "ADAMI-Costumes". "ADAMI-Costumes" will communicate about such things as soon as possible.

If the client fails to receive the commodity because of such events, he is entitled to withdraw from the contract. The client may request an explanation whether “ADAMI-Costumes” withdraws or wants to deliver in an appropriate time. If “ADAMI-Costumes” fails to explain, the client can withdraw. The delivery times will become longer if the client cannot uphold his end of the contract. Partial deliveries are permissible.

6. Retention of title
The commodity still belongs to "ADAMI-Costumes" until all payments from the client have been made. If the client does not fulfill his part of the contract especially in terms of payment then "ADAMI-Cotumes" can take back the commodity after one warning. The client is obligated to return the commodity.

"ADAMI-Costumes" can only withdrawl and take back the commodity when the client accepts in written form except if payments are not made according to the law. In this case "ADAMI-Costumes" does not need written confirmation about the withdrawl or taking back the commodity. When the commodity is taken back or there is interference from another party, the client must immediately send written confirmation of the seized commodity as well as written confirmation about the identity of the seized commodity.

7. Warranty and guarantee of quality
For problems including promised qualities "ADAMI-Costumes" is responsible for the following items:

• The client should examine the goods immediately upon delivery for quality and quantity. If there is a problem or efect, the client should send a written letter to "ADAMI-Costumes" within seven days.
• If there are obvious complaints "ADAMI-Costumes" can choose to correct the defects and send a new costume or take back the original costume and give a credit to the client
• The client must give "ADAMI-Costumes" the necessary time to fix the problem. The client must also be willing to make the goods available to "ADAMI-Costumes". If the client refuses, the warranty will not be valid.
• "ADAMI-Costumes" is not responsible for the resulting consequences if the client or another party makes changes and repairs.
• "ADAMI-Costumes" and its executing aids do not have to fulfill further requirements of the client if the damages develop after delivery.
• Warranty is not valid for damages to the commodity by another party.

8. Product description
Even though "ADAMI-Costumes" has had many years of experience including careful selection and revision of costumes, "ADAMI-Costumes" cannot guarantee that the commodities will not deviate from the original. A desired delivery of color and pattern may vary easily, since each costume is unique. The costumes are not able to be returned or exhanged since each costume is individually made.

9. Extent of liability
The responsibility of "ADAMI-Costumes" for the commodity depends on the agreements made in the next sections, whereby the liability claims fall under the statue of limitations which is a quarter of a year after the client receives the receipt of the commodity. If the client does not fulfill his part of the contract he cannot claim for other damages. The costumes are manufactured from different materials and textures. Deviations from descriptions, sketches, or drafts are possible without changing the character of the costume. "ADAMI-Costumes" pays attention strictly to good compatibility of the materials with the person wearing the costume. "ADAMI-Costumes" relies on the statements of their suppliers as to the nature of the material and does not take any responsibilities for the health problems due to the kind of material and its effects on the person. They do not take responsibility for accidents caused by wearing the costumes. Since the costumes are manufactured from different materials, the costumes must be cleaned professionally. "ADAMI-Costumes" will not take responsibility for the damages caused by inappropriate cleaning. Since the impression of the costume is the focus, (use of different materials) it is possible that some costumes have cleaning limitations.

10. Location of the court and jurisdiction
The location of the court for problems concerning deliveries and payments as well as disputes between the parties is Aachen, as long as it remains legal.

11. Information storage and security
Personal information of the client is confidential and only for the private use of "ADAMI-Costumes". The information is never passed onto a third party.

12. Final clause
Should a regulation become totally or partly ineffective it will not effect the remaining parts of the contract. The parties commit themselves in such a way to replace the ineffective regulation for an effective one, which corresponds as much as possible to the old one.

ADAMI – Kostüme
Markt 2-12
52062 Aachen

Fon: 0241 / 92 90 738
Fax: 0241 / 92 90 739
Atelier: Bendelstr. 14, 52062 Aachen

This email address is being protected from spambots. You need JavaScript enabled to view it.
www.adami-kostueme.de

Aachen, den 9.12.2001