General Conditions of Delivery and Payment

1. Orders 

An invoice or letter of confirmation will be sent by the Publisher to
acknowledge receipt of an order.By taking delivery of consignments, the
customer indicates his acceptance of the Publisher's terms of delivery
and payment.No other terms are acceptable even if not expressly stipulated
by the Publisher.

2. Deliveries 

Books, periodicals and other products of the Publisher will usually be
delivered only if a binding order has been placed and at the customer's
risk and cost from the point of dispatch. Delivery is strictly on proforma
basis. Definite delivery dates of new publications and new editions cannot always be given.

3. Transport risk 

Risk concerning any consignment passes to the buyer the moment the
goods are dispatched. The Publisher is not liable for any loss or deterioration
incurred due to accident or force majeure.
The Publisher will not provide any replacement for goods that are lost or
damaged in transit.Thus, in order to safeguard his interests, the buyer or
consignee must report any loss or damage to the postal authorities, forwarding
agents, or railways,within the period stipulated by them.

4. Guarantee, duty to examine goodsy 

Guarantee rights of the Customer require the latter to examine the consignment
upon delivery and to notify the Publisher in writing of any
defects without delay, at any rate no later than two weeks after delivery;
the Publisher must be notified in writing of any hidden defects without
delay after they have been discovered.
The Publisher shall remove any defects covered by guarantee at its own
option by either removing the defect or providing replacement goods at
no cost to the Customer.
In the event that the Publisher seriously and finally refuses to perform
the agreement or that the removal of the defect or provision of replacement
goods is unsuccessful, or if the Customer cannot reasonably be
expected to accept such action, or if the Publisher refuses, pursuant to s.
439(3) of the German Civil Code (B├╝rgerliches Gesetzbuch, BGB), to
take such action on account of unreasonable costs, then the Customer
shall be entitled at his own option and in accordance with the legal provisions
to either terminate the contract, reduce the purchase price or
claim compensation for damages (or, if appropriate, reimbursement of
his expenditure).
The limitation period for guarantee claims relating to the consignment
shall be 12 months from the time of delivery to the Customer.

5. Compensation for damages and limitation of liability  

The Publisher shall be liable to pay compensation for damages without
limitation pursuant to the legal provisions except where the following
clause provides otherwise.
In exceptional cases, the Publisher shall be liable
(i) for ordinary negligence causing the violation of essential duties arising
from the relationship under the law of obligation, up to a maximum
of the amount foreseeable for this kind of contract; otherwise
(ii) not at all for ordinary negligence causing the violation of non-essential
duties arising from the relationship under the law of obligations.
This shall apply to all claims for compensation, for whatever legal cause,
particularly to liability for torts.
The Customer shall be obliged to take appropriate measures to avoid or
reduce damage.

6. Retention of ownership  

All goods are delivered under conditions relating to retention of ownership
stipulated in paragraph 455 of the BGB (German Civil Code).
The goods supplied remain the property of the Publisher until the complete
settlement of all principal and subsidiary claims deriving from
previous and future deliveries. In the case of resale, the buyer must
retain his limited ownership of the goods until his customer has paid for
them in full. The buyer hereby assigns all claims arising from the resale
of conditional goods to the Publisher to secure the latter's
claim. The
Publisher accepts this transfer of claims.
If the buyer resells conditional goods and includes pertinent claims in a
current account relationship with a third party, the periodic balance recognized
in each case following balancing of the individual current
account claims is considered to have been assigned. The same applies to
the final account balance existing on termination of the current account
relationship, if such a balance is transferred to the current account. The
Publisher also accepts this transfer of claims.
If the claims of the Publisher are included in an existing current account
relationship with the customer, the retention of ownership agreed upon
serves as security for the balance claims of the Publisher. The buyer is
obliged to inform the Publisher immediately about any transfer of the
conditional goods to a third party or claims arising from resale.

7. Pricing 

The prices indicated on the invoice are binding. Postage and handling
charges will be levied separately. Should the Publisher have announced
price changes before receipt of an order, the new prices shall apply.

8. Payment 

Payment is due upon receipt of invoices unless other conditions have been negotiated.
If not otherwise agreed, all payments for journal subscriptions have to be paid on September, 1st prior to the following subscription year, respectively in advance upon receipt of the invoice.
Payment in foreign currencies will be accepted at the
average monthly rate of exchange.No discount will be given for payment in cash.
Cheques will only be considered accepted when the total amount has been credited to the Publisher's account.
All bank charges are payable by the customer.

9. Default in payment 

If the customer defaults on payment, all accounts with the Publisher that
are outstanding at the time of default become due and payable forthwith.
The Publisher may charge interest on arrears from the time of
default at the usual bank rate. The Publisher has the right to stop delivery
to customers in arrears and to sever all business relations for reasons
considered important by the Publisher.

10. Right to return goods 

Return of goods will not be accepted without the written consent of the
Publisher. Applications for the acceptance of returned goods are to be
sent to our Heidelberg address quoting the invoice number, the date of
the invoice and the ISBN. Returned goods are to be sent to our warehouse
in Heidelberg-Rohrbach. The customer is liable for all the costs
and risks involved in returning goods. The Publisher will charge an
appropriate fee for the handling of returned goods. Goods returned
without permission from the Publisher will be sent back at the expense
of the customer. The Publisher reserves the right to give credit notes of
lower value for books which are returned in an unsaleable condition or
after expiry of the last date agreed upon for returns. Only books can be
returned; no credit notes will be issued for returned journal issues.

11. End customer addresses 

When ordering journals, the customer agrees to make available to the
Publisher the name and address of the end customer upon receipt of the
order. The Publisher guarantees that these data will only be used for
internal purpose and that all regulations regarding the protection of
individual data will be observed. Associated companies within the
Springer Group will not have access to these data.m

12. Place of jurisdiction and fulfillment 

The place of fulfillment for all payment obligations on the part of the
buyer/customer is the district court of Berlin.
The place of jurisdiction for both parties is the district court of justice in
Berlin.

General Terms and Conditions of Use