All orders to us are offered to and accepted by us on condition of sale.
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%.
