1. General
All our offers, contracts, agreements and deliveries are based on the following terms and conditions. They shall apply even in particular cases
where we make no explicit reference to them, and shall be deemed to be accepted by the buyer at the latest when the order is placed or on
acceptance of delivery. Conditions of the buyer at variance with our conditions shall not be binding upon us, even in cases where we do not
explicitly raise any objections to them with you. Agreements at variance with our general conditions of supply and terms of payment shall require
our express confirmation.
2. Offers
Our offers are subject to amendment.
3. Basis of prices
Unless otherwise agreed, our prices shall be in EURO, ex-works, excluding packaging. Contracts for which we have not expressly
agreed fixed prices shall be invoiced at the prices in force on the day of delivery.
4. Delivery periods and times
The indicated delivery periods and times shall not be binding upon us unless otherwise expressly agreed in writing. We shall always
have the right to supply in partial deliveries.
5. Force majeure
In the event of force majeure or other unforeseeable event we shall be freed of our obligation to supply and the buyer shall not be able
to derive any rights therefrom.
6. Suspension or annulment of the contract
A suspension or annulment of the awarded order shall only be permitted by special agreement with us.
7. Refusal to accept delivery
In the case of refusal to accept delivery the buyer shall be liable for all the costs arising therefrom unless the refusal to accept delivery
is based on wrong delivery or transport damage that has a significant detrimental effect on the further use of the whole delivery or makes it impossible.
8. Warranty
Complaints must be received by us in writing immediately after the goods have arrived at the destination. If the supplied goods are
defective they will be replaced by new goods or made good. Our liability for third-party products shall be limited to the assignment
of the liability claims to which we are entitled against the supplier of the third-party goods. Improper handling, normal wear or overloading
of our goods shall relieve us of all liabilities. The return of goods requires our approval; unapproved returns will be refused.
9. Weights, numbers, dimensions
The dimensions and weights contained in our illustrations, catalogues, documents etc. shall be understood as approximate only.
We reserve the right to make modifications and improvements. Similarly the information relating to load capacity or breaking load
shall not be binding upon us.
10. Terms of payment
Our invoices shall be paid in advance.
11. Retention of ownership
The supplied goods shall remain in our ownership until full payment of all the debts arising from the contractual relationship with the
purchaser has been made. The purchaser shall be entitled to resell our goods in the course of normal business; however the purchaser
shall not be permitted to pledge or assign them as security. The buyer shall assign to us all claims arising out of the resale of the goods
to which we have retained title and we shall accept this assignment. On request the purchaser shall disclose the assignment and handover
to everyone the required information and documents even if the goods have been further processed.
12. Place of performance and court of jurisdiction
The place of performance and court of jurisdiction for all liabilities arising from the contractual relationship shall be Schwerin.
|
