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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 cheque or bill of exchange, we shall be entitled
to return the cheque 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 Bundes bank 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%. |
