General terms and conditions of trade

Payment and delivery terms

1. General

Following the terms of delivery and sales are a component of the contract. Deviating conditions of the customer are not included also if we contradict them not expressly.

2. Contract

To our offers we adhere four weeks after receipt with the partner, if from the confirmation of order nothing else results. The salesman can accept the binding offer of the buyer within one period from three weeks to entrance of the offer by written explanation. In this explanation object of the purchase is to specify price and manner of payment accurately. These data are obligatory, the prices however only in accordance with condition of the following regulations.

3. Prices

1. a) In the written notification of acceptance of the salesman price mentioned understands itself plus value added tax in the height legally valid to the point of delivery time. This price is obligatory, if one time for delivery were agreed upon up to four weeks.

1. b) In agreement of times for delivery over four weeks up to six months the price can be increased from the salesman to 3% at longer times for delivery up to 6%, if the prices of the materials necessary for the production of the object of the purchase rose at least equally.

1. c) With follow-up orders we are not bound to preceding prices.

1. d) The buyer may up-count against our demand for purchase price only on indisputable or validly determined demands. Rights of lien are entitled to it only, as far as they are based on the same contractual relation.

1. e) Should us if facts admits to become, which refer to a substantial fortune degradation of the buyer, we are entitled to require cash payments before supply of the commodity also to place if something else before were agreed upon, as well as our demands from the current business relation, not fallen under the statute of limitations, due.

4. Delivery

1. a) The agreed upon times for delivery and - dates are always considered as approximate, if not a firm date is expressly agreed upon.

1. b) In the case of supplies, those our enterprise do not affect (third party business) are date of delivery and - period kept, if the commodity leaves the supplier so in time that with usual transportation time the supply arrives in time with the receiver.

1. c) In cases of higher force - to which also publicly legal restrictions as well as strike and lockout belong - entitles us to withdraw from the contract. Payment of damages because of obligation injury is impossible in such cases. This applies also during not punctual self supply by our Vorlieferanten, which we were not to blame for. We are obligated to immediately inform the buyer of such events. The buyer is then likewise entitled to withdraw from the contract.

1. d) If we come into failure to deliver, then the buyer is obligated to set an appropriate respite and can at their unsuccessful operational sequence from the contract withdraw. Compensation because of default can make only valid the orderer, if the nondelivery or exceeding of the date rested on resolution or rough negligence.

5. Shipping and acceptance

1. a) If the buyer dispatching the object of the purchase wishes, then this takes place at expense of the buyer. The transport risk carries the buyer, also in the case of freight-free supplies carriage free.

1. b) During collection of the delivery place assigned loading the vehicle and the attention of the laws are incumbent on the buyer and/or its.

1. c) Unloading and storing are in each case thing of the buyer.

1. d) The salesman is entitled to the partial delivery, if not expressly contrary is agreed upon.

6. Payment

1. a) All payments become due after goods delivery within 30 days starting from invoice date without departure. During payments within 10 days starting from invoice date the buyer, if nothing else were agreed upon, is entitled to the departure of 2% discount payment. Changes and cheques are accepted only in payment of a debt by the salesman.

1. b) The buyer may up-count only on indisputable or validly determined requirements against the requirements of the salesman. The buyer is not entitled, because of requirements, which are connected stand in the mutuality relationship or not with the present Treaty, equivalent, whether these are indisputable or validly determined, achievements restrainable, which he owes due to the present Treaty.

1. c) If partial payments are agreed upon, then the entire balance of debt without consideration for the maturity of any changes becomes immediately the payment due, if the buyer with a rate comes into delay.

1. d) If the buyer with the payment of the purchase price comes into delay, then the salesman can set a respite with refusal menace of 14 days for him. At fruitless operational sequence of this term the salesman is entitled to withdraw from the contract or to require compensation because of default. If the salesman compensation requires because of default, then number applies. 4 D).

1. e) If the buyer exceeds dates of payment or if it comes with the payment into delay, then it has to pay interests at a value of 2% over the respective rate of discount of the German Federal Bank. The interests are to be set more highly or lower, if the salesman a load with a higher interest rate or the buyer a smaller interest load of the salesman prove.

1. f) In case of the delay of payment the salesman is entitled, all restrainable, alike to the buyer owed achievements on which argument this is based.

7. Reservation of proprietary rights

1. a) We reserve ourselves the property at the supplied commodity up to the fulfilment of all demands from the business relation with the partner.

1. b) The partner is justified to sell this commodity in the tidy course of business as long as it follows its obligations from the business relation with us in time. It may pawn nor for security convey however the reservation commodity neither. It is obligated to secure our rights upon the credited resale of the reservation commodity.

1. c) With delay of payment of the partner we are entitled after appropriate respite setting to also require without resignation at expense of the partner the publication of the reservation commodity

1. d) The partner surrenders all demands and rights from the sales, at which vested titles are entitled to us, already to the safety device to us. We accept the transfer hereby.

1. e) About execution measures third into the reservation commodity, into us retired the demands or into other collateral has to inform the partner us immediately under delivery of the documents necessary for an intervention. That applies also to impairments of other kind.

1. f) We will to that extent release us according to the managing regulations which is entitled the collateral upon the requests of the partner, when the realizable value of the goods supplied under retention of title exceeds the demands which can be secured around more than 20 per cent.

8. Warranty

1. a) Lack of the commodity must immediately, at the latest within eight days after the entrance of the commodity with recognizable lack as well as within eight days after discovering with not-recognizable lack with the buyer or one of it determined receivers, in writing and specify the salesman admit to be given. Opportunity is to be given to the salesman for immediate check. If obvious lack are indicated not within the aforementioned roofridge, then the commodity is considered as of the buyer authorized. With commercial transactions §§ 377, 378 HGB apply.

1. b) The buyer is obligated to treat complained of commodity carefully and to protect any claims against carriers and forwarding agents.

1. c) In case of a lack the buyer is first only entitled to demand from the salesmen rework or replacement. If the salesman repairs the lack incorrectly in appropriate period or does not carry within appropriate period faultless replacement out, the buyer can change or reduce. Over it going out requirements of the buyer, in particular requirements for compensation including escaped profit or because of other financial damages, are impossible. Managing adhesion restrictions do not apply, as far as the cause of the damage is based on resolution or rough negligence. It does not apply also if the orderer makes requirements for compensation valid because of the absence of a assured characteristic. If a contract-substantial obligation is negligently hurt, the adhesion of the salesman is limited to the predictable damage. The guarantee period amounts to six months starting from delivery and/or acceptance of the commodity. The same period applies also to any requirements for compensation, as far as no requirements from bad action are made valid.

1. d) Special characteristics are not assured by the salesman in principle. In particular presented certificates of examination, the indication are not considered characteristics assured of grades or suitability evaluations as. Characteristic data of the commodity refer only to their stipulatedness. Credit legal representatives, coworker or executing aide of the salesman easily negligently applicable characteristics assured, then does not cling the salesman for a damage resulting from it not, in a such case is however justified the buyer to withdraw from the contract.

9. Liability

For damage of each kind of the buyer, also so far it in connection with lack of the object of the purchase do not stand, which by not roughly negligent or deliberately committed violations of contract or evenly such bad actions of legal representatives of the executing aides salesmen are caused, clings the salesman. For damage, which concerns a not contract-substantial obligation, the salesman is not responsible beyond that for rough being to blame for of his executing aides with exception of the leading employees of the salesman. The rights of the buyer to transformation or reduction after numbers. 8 C) remain unaffected.

10. Applicable law, legal domicile

The contract is subject to the right of the Federal Republic of Germany. The application of the uniform purchase laws including the UN-Kaufrechts is impossible. Area of jurisdiction for all disputes from or in connection with the contract is so far legally permissible, the seat of the salesman. The salesman is however also entitled to sue the buyer in every other legal area of jurisdiction.