1. Interpretation

Under these terms and conditions:

“Buyer” means the person who accepts a quotation from the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller.

“Conditions” means the standard terms and conditions of sale set out in this document and includes any special terms and conditions agreed in writing between the Buyer and the Seller.

“Contract” means the contract for the purchase and sale of the Goods

“Force Majeure” means any circumstances beyond the reasonable control of the Seller including but not limited to acts of God, explosion, flood, fire, war, import or export regulations, strikes and lockouts.

“Goods” means the goods to be supplied by the Seller to the Buyer on the terms and conditions set out in the Quotation.

“Seller” means Steelpan Experts Germany.

2. Basis of the sale

2.1 The Seller sells and the Buyer buys the Goods pursuant to a written quotation from the Seller which is accepted by the Buyer subject to these Conditions which govern the Contract.

2.2 No variation to these Conditions shall be binding unless agreed in writing between the duly authorised representatives of the Buyer and the Seller.

2.3 The Seller’s employees or agents are not authorised to make any representations in relation to the Goods unless confirmed in writing by the Seller.

2.4 Any advice or recommendations given or made by the Seller, its employees or agents to the Buyer regarding the storage, application or use of the Goods which is not confirmed in writing by the Seller is given or followed at the Buyer’s own risk. The Seller shall not be liable for any such advice or recommendations which are not confirmed in writing.

2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller may be corrected without liability on the part of the Seller.

3. Orders and specifications

3.1 No order placed by the Buyer shall be deemed to be accepted by the Seller until confirmed in writing by the Seller’s authorised representative.

3.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order and for providing the Seller with all necessary information relating to the Goods to enable the Seller to fulfil the Contract.

3.3 The quantity, quality, description and specification of the Goods shall be as set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller).

3.4 An order accepted by the Seller cannot be cancelled by the Buyer.

4. Price

4.1 The price of the Goods shall be the price quoted by the Seller or, if no price is quoted, the price set out in the Seller’s published price list at the time of acceptance of the Order. All prices quoted are valid for 30 days only.

4.2 The Seller reserves the right – by giving notice to the Buyer at any time prior to delivery – to increase the price of the Goods in response to any increase in the cost to the Seller which is due to circumstances beyond the reasonable control of the Seller. These may include, but are not limited to: Exchange rate fluctuations, changes in customs duties, significant increases in labour, material or other manufacturing costs, changes in delivery dates, quantities or specifications for the Goods requested by the Buyer.

4.3 Prices are exclusive of VAT at the applicable rate.

5. Duties and taxes

5.1 The Buyer acknowledges and agrees that they are solely responsible for any customs duties, taxes, import fees, or other charges that may be levied upon the arrival of goods in their country. Such charges are not included in the purchase price or shipping costs quoted by the Seller and must be paid by the Buyer directly to the appropriate authorities.

5.2 By placing an order with the Seller, the Buyer confirms that they are aware of and in compliance with all applicable local customs regulations. It is the Buyer’s responsibility to ensure that the goods ordered may be lawfully imported into their country. The Seller shall not be held liable for any issues, refusals, or penalties arising from the importation of the goods.

5.3 Please be advised that delivery times may be affected by customs processing and related delays, which are beyond the Seller’s control. The Buyer is encouraged to contact their local customs office for further information specific to their jurisdiction.

6. Payment

6.1 Payment for Website Orders

6.1.1 Full Payment Requirement:

All orders placed on our website require full payment at the time of purchase. The total amount, including any applicable taxes and shipping fees, will be displayed during the checkout process and confirmed in the invoice sent to the Buyers email.

6.1.2 Accepted Payment Methods:

The Seller accepts the following payment methods for online purchases:

Credit/Debit Cards (Visa, MasterCard, American Express), PayPal, Bank Transfer

6.1.3 Payment Confirmation:

Upon successful completion of payment, the Buyer will receive an order confirmation email, which serves as their receipt. To receive this confirmation, the Buyer must ensure that the email address provided at checkout is accurate.

6.1.4 Currency:

All payments are processed in Euros

6.1.5 Modifications:

We reserve the right to update or modify these payment terms at any time. Any changes will be reflected on our website

6.2 Payment for Email Orders

6.2.1 Full Payment Requirement:

All orders placed via email require full payment at the time of purchase. The total amount, including any applicable taxes and shipping fees, will be confirmed in the invoice sent to the Buyers email.

6.2.2 Accepted Payment Methods:

The Seller accepts the following payment methods for email orders:

PayPal, Bank Transfer

6.2.3 Currency:

All payments are processed in Euros

6.2.4 Modifications:

We reserve the right to update or modify these payment terms at any time. 

7. Delivery

7.1 The dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. The delivery time is not part of the contract. The Goods may be delivered by the courier  before the stated delivery date. 

7.2 If the Seller fails to deliver the Goods (other than for reasons beyond the Seller’s reasonable control or due to the Buyer’s fault) and the Seller is liable to the Buyer accordingly, the Seller’s liability shall be limited to the difference (if any) between the price of the Goods and the cost of similar replacement Goods (in the cheapest option available in the market).

7.3 If the Buyer fails to take delivery of the Goods or fails to give the Seller reasonable delivery instructions within six months of initial purchase (other than for reasons beyond the Buyer’s reasonable control or due to the Seller’s fault) then, without prejudice to any other rights or remedies available to the Seller, the Seller may:

7.3.1 store the Goods for a maximum of four months until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or

7.3.2 sell the Goods after the maximum storage period at the best price obtainable and (after adding all reasonable storage and selling costs) charge the Buyer for any shortfall below the Contract Price.

8. Risk and title

8.1 The risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, at the time the Seller has tendered delivery of the Goods.

8.2 Notwithstanding delivery and the transfer of risk in the Goods, title to the Goods shall not pass to the Buyer until the Seller has received the price of the Goods in full.

8.3 Until title to the Goods passes to the Buyer (and provided the Goods still exist and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver the Goods to the Seller and, if the Buyer fails to do so promptly, to enter the Buyer’s or any third party’s premises where the Goods are stored and repossess the Goods.

8.4 The Buyer shall not be entitled to pledge or in any way charge as security any Goods which remain the property of the Seller.

9. Warranties and liability

9.1 Subject to the conditions set out below, the Seller warrants that the Goods will conform to their specification and be free from defects at the time of delivery.

9.2 The above warranty is given by the Seller subject to the following conditions:

9.2.1 The Seller shall not be liable for any defect in the Goods arising from any drawing, design or specification supplied by the Buyer.

9.2.2 The Seller shall not be liable for defects resulting from wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or written), misuse or alteration or repair of the Goods without the Seller’s consent; and;

9.2.3 The Seller shall not be liable under the above warranty (or any other condition or warranty) if the total price for the Goods has not been paid by the due date for payment.

9.2.4 The above warranty does not extend to any parts, materials or equipment not manufactured by the Seller and in respect of which the Buyer is only entitled to such warranty or guarantee as the manufacturer gives to the Seller.

9.3 Unless the Goods are sold to a person acting as a consumer, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

9.4 Any claim by the Buyer based on any defect in the quality or condition of the Goods or their failure to conform to the Specification shall be notified to the Seller within 3 days of the date of delivery. If the Buyer fails to notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall not be liable for such defects and the Buyer shall be obliged to pay the price for the Goods.

9.5 The instruments provided by the Seller are crafted using traditional handcrafting techniques that incorporate recycled oil drums as a key material. While this process may result in minor dents, scratches, or other visual irregularities, these characteristics do not qualify as defects, provided they do not impact the instrument’s tonal quality or functionality. Therefore, warranty claims related to these aesthetic imperfections are not valid. We exercise careful selection in the drum sourcing process and can guarantee that no drum will have significant defects that compromise its overall appearance. The use of recycled oil drums has been a consistent standard for high-quality steel drums for over 60 years, and many contemporary manufacturers still rely on recycled 55-gallon drums in their production processes.

9.6 If the Seller is notified of a valid claim in respect of any of the Goods, the Seller shall be entitled to replace the Goods at the cost of shipping only or refund the price of the Goods to the Buyer at the Seller’s discretion. However, if the Seller provides replacement Goods or a refund, the Buyer must return the original defective Goods to the Seller’s nearest office location in Germany or Trinidad and Tobago at the Buyer’s own expense for shipping. It is understood that the Buyer is solely responsible for any shipping costs incurred, even in cases where the Seller replaces the Goods. Furthermore, the Seller shall have no further liability to the Buyer. 

9.7 The Seller shall not be liable to the Buyer and shall not be deemed to be in breach of the Contract if any delay or failure to fulfil any of the Seller’s obligations in relation to the Goods is due to Force Majeure.

10. Insolvency of the Buyer

10.1 This clause applies if:

10.1.1 the Buyer makes a voluntary arrangement with its creditors or (being an individual or company) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation; or

10.1.2 the Buyer ceases or threatens to cease to carry on business; or

10.1.3 the Seller believes that any of the above events will occur in relation to the Buyer and notifies the Buyer accordingly.

10.2 If this clause then applies without prejudice to any other rights or remedies available to the Seller, the Seller shall be entitled at its option to terminate the Contract or suspend further deliveries under the Contract or recover the Goods without liability to the Buyer. If the goods have been delivered but not paid for, the price shall become immediately due and payable, even if otherwise previously agreed.

11. General

11.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be given in writing by post, email or fax to its principal place of business or such other address as may have been notified to the other party.

11.2 No waiver by the Seller of any breach by the Buyer shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

11.3 If any provision of these Conditions is held to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions shall not be affected.

12. Applicable law

12.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

12.2 Furthermore, this choice of law with regard to the statutory right of cancellation does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

13. Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer’s place of business.

14. Alternative dispute resolution

The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.