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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. 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.
4. Packaging
If no specifications regarding packaging are made in the
order, we shall choose the standard packaging at our
discretion.
5. 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.
6. 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.
7. 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%. |