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General Terms and Conditions

  1. 1. For all quotes, deliveries and services, the following conditions apply exclusively, provided that no other or supplementary agreements have been expressly made in writing. These conditions of sale apply for companies, legal persons under public law and special funds under public law.
  2. 2. The quotes are not binding. All orders are valid on receipt. An order confirmation will only be provided on express request or on billing. The delivery deadlines provided by the Seller are not binding.
  3. 3. All shipments are made at the Buyer’s risk. Our delivery obligation is considered fulfilled as soon as the goods have left our factory or storage site and have been handed over to the transport company.
  4. 4. Events of force majeure and business disruptions as well as shipping problems entitle us to a corresponding extension to the delivery deadline or to fully or partly cancel the delivery contract. No right to compensation on the part of the Buyer will result therefrom.
  5. 5. Complaints arising from goods delivered by us are to be made immediately in writing, within eight days following receipt of the goods at the latest. Following expiration of the deadline, the goods are regarded as intact and undamaged, unless otherwise agreed upon in writing. The contested goods or parts thereof are to be made available to the Seller at his request.
  6. 6. Fundamentally, the existing conditions as well as German Law apply for export deliveries. All deviations from the conditions and the price agreements must be confirmed in writing.
  7. 7. All prices are quoted in euros plus the value added tax applicable on the date of delivery. Fundamentally, our valid prices on the day of delivery/dispatch apply, unless otherwise agreed in writing.
  8. 8. Our invoices are payable within 14 days net from date of issue. The Buyer may neither set off counter claims recognised by us and nor is he entitled to a right of retention. In the case of payment difficulties on the part of the Buyer, in particular defaults, the Seller is authorised only to deliver further orders against prepayment. In the case of default, we are entitled to charge interest at the usual bank rate, without a notice of default being required or being subject to further claims for cancelling delivery.
  9. 9. The goods delivered, which we are entitled to from the current and future terms and conditions until the settlement of all claims against the Buyer, remain our property until all claims have been safeguarded. Claims arising from the resale of delivered goods are to be assigned to us now already. At our request, the Buyer shall inform his customers of the assignment and request them only to make payments to us.
  10. 10. In the case of default or serious doubt of the Buyer’s ability to pay as well as in the event of an application for bankruptcy or insolvency proceedings, we are entitled to reclaim our goods in the volume that covers all of our claims. For this purpose, we are entitled to bring the goods back into our possession, and as a result our claims against the Buyer shall increase.
  11. 11. The place of fulfilment for delivery and payment as well as the jurisdiction for all obligations arising from the terms and conditions is Schwedt/Oder for both parties.
  12. 12. Agreements that deviate from the content of our terms and condition are only valid if they are recognised by us in writing. The invalidity of one part of these conditions, regardless of the legal basis, does not affect the validity of the remaining agreements. The respective valid commercial law applies for all points not covered in these ‘Terms and Conditions’.
  13. 13. Edition: 7 September 2010
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