toy,children,versatile toy,Foam blocks, Foam shapes, Module
blocks, Block modules, Educational toys, Physical Education,
Product, trademark and design are protected under
the relevant laws.
Terms of Delivery:
Our general terms and conditions
Place of performance for all deliveries to Germany,
Austria, Switzerland and the Netherlands and claims
arising thereof is Bochum, Germany, otherwise, Macclesfield,
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.
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.
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
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
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
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.