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1.Quotation and acceptance of orders
Our quotations are always without obligation. Agreement and
arrangement made orally or by telephone with our representatives
become legally valid only if approved in writing by us. Deviations
in the orders placed by the purchaser from our terms of delivery and
payment shall not be binding for us if we have not expressed our
consent in writing. We shall be permitted expressly and in all cases
to correct eventual errors in offers and invoices at a later point
in time.
2. Delivery
All specifications stipulated by us regarding delivery
periods are only approximations and non-binding.
3. Invoicing
The statutory purchase tax on the agreed prices shall
additionally be paid.
4. Right of cancellation
Unforeseen events and cases of force majeure shall
exclude indemnity claims and shall entitle us to cancel the
contract entirely or partially. We shall also be entitled to
cancellation of contract on the mutual understanding for other
reasons, which seriously obstruct or hamper the execution of the
contract. The concept of unforeseen events or cases of force majeure
includes in particular war, blockade,strikes, embargo on export or
import, fire breakdown, lack of coal, raw materials or operating
machines/materials etc.
5. Acceptance of goods
Complaints regarding design, quality, quantity and
weight can be taken into account only if the claimed loss is more
than 5% of the delivered goods. Furthermore, we must be informed of
complaints through written notice within 8 days after receipt of the
shipment. For the complaints acknowledged by us, either replacement
shall be delivered free of charge OR the paid purchase price
refunded at our discretion; on the other hand, any further claims,
in particular for paid freight wages, expenses and penalty for
delay, shall be rejected.
6. Packaging
If no specifications regarding packaging are made in
the order, we shall choose the standard packaging at our discretion.
7. Shipment
The goods shall always, regardless of route and
transportation means, be shipped to the place of destination at the
risk of the purchaser. Traffic duties, if not accruing to us in the
case of freight paid FOB and CIF deliveries, shall be borne by the
purchaser unless, due to statutory regulations, the seller must bear
traffic duties alone. We shall assume obligation neither for
punctual transport nor for full utilization of the capacity of the
means of transport.
8. Payment
If upon completion of a transaction no other
conditions of payment have been stipulated in writing, our invoices
shall be payable net after 30 days. Should we subsequently learn of
adverse circumstances regarding the credit standing of a purchaser,
we shall be entitled to cancel the contract even after partial
fulfillment or to defer our performances until consideration be
executed or security be provided for such consideration. Should the
described circumstances arise for the purchaser or acceptors during
the currency of a checque or bill of exchange, we shall be entitled
to return the checque or bill of exchange at any point in time. In
such case, we shall also be entitled to demand immediate payment in
cash of deferred accounts receivable. Seizures or any other risk to
our ownership shall be reported to us immediately. Complaints, even
if valid, shall not entitle the purchaser to delay payment or to
change the conditions of payment. Should the period allowed for the
payment be exceeded, we shall be entitled to charge interest for
default at a minimum of 3% over the current discount rate of the
Deutsche Bundesbank from the invoice amount. In case of bankruptcy,
application for settlement at or out of court, judicial assistance
for debtors, or petition for respite of remission of debts, all
claims to which we are entitled shall become due. Payments made by
the customer shall be deducted from the oldest debt unless otherwise
stipulated in the individual case.
9. Reservation of title
The delivered goods shall remain our property until
full repayment of all obligations arising from the business
connection and from other and future transactions between the
purchaser and us. The purchaser shall oblige himself to handle the
goods properly and with care for the duration of the reservation of
the title by seller. The purchaser shall, within the scope of his
orderly and usual business activities, be entitled to sell and
process the goods. The claims made by the purchaser from the resale
of the reserved goods shall, with all additional rights, at this
point in time be transferred to us until the full repayment of our
claims from physical deliveries to the full amount. The transferred
claims shall serve as our security, but only to the value of the
reserved goods sold in each case. Should the reserved goods be sold
by the purchaser after processing or unprocessed in conjunction with
our goods not belonging to us, the transfer of the purchase-money
claim shall be valid only to the value of the received goods which,
with the other goods, are the subject of this contract of sale or
part of the object of sale. The purchaser shall be entitled to
resell the reserved goods only in accordance with the above
stipulations regarding transfer of the purchase-money claim. The
purchaser shall be obliged to inform us immediately in case of
seizure of the goods or, in lieu of the goods, of a purchase-money
claim from a third party in case of resale. We shall, at our
opinion, bind ourselves to release and retransfer the securities
transferred to us according to the above conditions as far as their
value exceeds the claims to be secured by 20%.
10.
Place of performance and jurisdiction
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