General Terms

§ 1 General
Our all current and future sales follow conditions application, unless other arrangements are made explicit in writing.
§ 2 Quotation
(1) Our offers are not binding, a contract comes into effect by our written/pre-printed order confirmation or if orders have been executed by us.
(2) Changes or the cancellation of the contract and these conditions require in writing.
(3) Declarations and indication of the client after the contract is only effective as they are made in explicit in writing.

§ 3 Prices/Payment/Term
Purchase price is indicated by us or the reference in our current price list price, which is valid at the time of order. Differences may arise due to currency fluctuations or change in producer prices.
(1) Our prices are exclusive of VAT as EXW; The VAT tax is reported at the statutory rate on the date of invoicing separately in the invoice. For orders that are agreed for the prices that are valid on the delivery prices and in EUR unless other indicated.
(2) The costs are included which used for certifications and certificates to be produced on the basis of customs and export regulations. These costs are borne by the buyer and made it into account.
(3) The payment of net purchase price has to be paid within 30 days after the invoice date. Otherwise we will require for the clearance of the compensation amount on the due date. All Any resulting bank charges (bank charges, brokerage fees, commissions, etc) will be borne by the buyer. The legal rules concerning the consequences of delayed payment.
(4) In case the buyer delay the payment frequently, we are entitled to terminate the contract. If we are informed that the buyer has financial problems, we have the right at any time to require advance payment.
(5) If the basis of price changes in the delivery, we reserve the right to adjust our prices appropriate. However, this applies only to delivery times of more than 4 months for price adjustments up to 10%. At higher rates re-price agreement is required. If such agreement is not reached, we have the right to terminate the contract within 14 days.
(6) The discount requires a special written agreement otherwise it is inadmissible.
(7) In case the customer make subsequently changes, the resulting expenses which would be calculated separately. Costs for packaging, transportation, freight, insurance costs are charged to the customer.
(8) In addition to any explicit contract. In case any change such as: materials, wages, energy costs, freight costs, taxes happen during the contract start date to delivery date, the resulting expenses would be re-calculated on the date of delivery.
(9) Payments must be made, which including the statutory sales tax, if there is no the other method of payment expressly agreed in writing.
(10)If a customer long-outstanding receivables, we have the right to terminate the relationship with customers and demand the immediate payment of arrears. Furthermore, we are entitled to withdraw to execute outstanding deliveries only against advance payment or collateral security and may terminate the produce goods of the contract. Our rights under § 321 BGB (Unsicherheitseinrede) which are not affected in any way and they are already on us when the Buyer under this or any other business to us at fault as defaults.

§ 4 Delivery and performance
(1) Our delivery period begins with the dispatch of the order confirmation to the customer. The beginning of the quoted delivery, however, is basically the clarification of all technical issues and the details of the implementation while meeting the duty to cooperate in advance of the customer.
(2) The delivery shall be considered as complied if it has been sent until the expiry of the goods or if the shipment has been communicated to the customer.
(3) If the delivery can not be completed by the force majeure,the delivery period will be extended accordingly.
(4) If we are in default of delivery, the buyer is entitled to set a reasonable grace period.
(5) The purchaser is obliged to purchase the product once it is ready to take over, unless other arrangements are made explicit in writing.
(6) In case the contract can no longer to continue during its execution term, we are entitled to charge the goods which has been shipped out before that time.

§ 5 Risk transfer and shipment
(1) The delivery "ex works" (EXW 40591 Düsseldorf, Germany) is agreed unless other arrangements are made on order confirmation. If a dispatch of the delivery item agreed between the purchaser and us, we are entitled to determine the shipment method.
(2)The buyer always response for the expense of the shipment. The risk passes to the buyer when the goods leave our warehouse. This applies even if we use our own transport.
(3) If the buyer specifies the forwarder. The risk of accidental loss and accidental deterioration of the goods borne by the shipper or other person specified by buyer. If the buyer wish, we shall cover delivery by transport insurance. Their costs borne by the purchaser.
(4) Transportation and all other packaging are not returnable except pallets of us. The buyer is obliged to arrange for disposal of packaging materials at his own expense.
(5) If delay in delivery or shipment due to circumstances that we are not responsible, then the risk from the date of notification of readiness for surrender or delivery to the customer.

§ 6 Complaints, Warranty and liability
(1)The buyer is obliged to check immediately upon receipt of the goods, and confirm whether equal quality and quantity of the contractual agreements. Defects that are detected on the proper examination of the goods must be reported within fourteen days of receipt of goods.
(2)Hidden defects must be reported immediately after discovery, however, we response the latest six months after receipt of the goods. The purchaser fails to report objection in time, the goods shall be accepted as regards quality and quantity of the buyer.
(3)Rejected goods may be returned only with our express consent after consultation.
(4)If the buyer has objected to deficiencies or items other than the goods ordered, the goods will be exchanged or redeemed at our option to refund the purchase price.
(5)In case the replacement is faulty during exchange if the goods, it shall give the buyer the right to change or decrease. The buyer complained the shortages in time, we have to choose between appropriate replacement or a credit.

§ 7 Rights, Intangible rights
There is no license connected to any of our rights by purchasing our products. We expressly point out that the export of our goods can lead to the infringement of intellectual property rights of third parties and assume no liability in such cases.

§ 8 Retention of title
All goods supplied by us remain our property until the customer has paid all its debts arising from the mutual business relations. Regarding the processing of our goods to the buyer, we are recognized as a manufacturer and acquire ownership of the new produced goods. We are entitled to property for all claims arising from the sale of goods, the purchaser has the extent of our ownership share in the goods sold, to secure to us. The buyer must inform us for any infringement of our rights to our property related goods, e.g. Seizures and other seizures without delay. If the buyer does not fulfill its obligations, we are entitled to terminate the contract and reclaim the goods.

§ 9 jurisdiction and effectiveness
(1) performance for deliveries and payments is the domicile of our company, Dusseldorf. Jurisdiction for both parties in each case is the domicile of our company.
(2) This also applies to those who liable for the obligation of the buyer. This jurisdiction applies to the case that in order for payment claims are asserted and when transferred to the buyer after the contract is domiciled or habitually resident in the Federal Republic or his domicile or permanent residence at the time of filing suit is known.
(3) If individual provisions are invalid, the validity of other provisions shall not be affected.

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