1. General Clauses
Our contracts will exclusively be signed on the basis of our Standard Trading Conditions. Deviating clauses of the other party to the contract are herewith objected to. The delivery of the merchandise without repeated explicit objection does not imply recognition of deviating clauses.
Collateral agreements are only effective it they are confirmed by us in writing. The party to a contract recognizes the above clauses upon conclusion of the agreement, unless deviations from clauses regarding particular points have not particularly been agreed upon by writing in the contract.
2. Offer
Our offers are subject to alteration without notice. We are able to change our prices.
3. Conditions of Payment
Prices listed in the catalogue are net prices ex business premises Ettlingen, in particular without legal Value-Added Tax. Elapses a period of more than four months between the date of order and the agreed delivery date and are we able to prove that the decisive prices of the suppliers have changed after the conclusion of the agreement, we are entitled to a rise in price in an according extent. We are entitled to effect deliveries only against payment in cash upon delivery or against advance payment.
4. Passing of Risk
Also in case of carriage paid deliveries, the risk passes onto the buyer as soon as the delivery has left our stores or any other place of dispatch in accordance with the provisions of the agreement. In case the shipment of the goods is delayed by the buyer or his representative, the risk for loss, destruction or deterioration of the goods passes to the buyer on the day when the merchandise is ready for dispatch. We and the forwarder have to be notified without delay in case of loss or damage during shipment; an offence against this clause results in excluding any liability for the damage on our side.
5. Retention of Title to Property
We reserve the right to property regarding any goods delivered by us until full payment of the purchase price or the crediting of bills of exchange or cheques respectively. The buyer is only allowdr to sell the merchandise in the ordinary course of business. The buyer is not allowed to dispose of the merchandise with title to property by any transactions, i. e. pledging or deed of trust. In case of distraint or confiscation of the merchandise or other measures by a third party the buyer has to notify us immediately.
In case of default of the buyer we are entitled to seize the goods, whereas the buyer is obliged to restitute the merchandise, The claims based on the resale of the merchandise with title to property are ceded to us as early as now, irrespective of whether the resale takes place without or after processing of the merchandise with title to property or putting the said merchandise together with other goods not in our property. We herewith accept this cession.
If the security based on the retention of title exceeds the claim to be secured by 20%, we are obliged upon request of the buyer to deblock securities according to our choice. The buyer is only empowered to collect the ceded claims as long as he duly fulfills his obligations to make payments to us.
6. Guaranty
All claims for shortages must be made within five (5) days of receipt of delivery. Absolutely no return will be accepted without a written authorization, (RMA), and in no event beyond thirty (30) days of invoice date. Requests for RMA`s must be accompanied by test report issued by a duly licensed/certified engineer.
7. Place of Performance, Juridical Venue, General Clauses
Place of performance is Ettlingen. In cases of dispute based on the business relations Ettlingen is agreed to be the juridical venue in the commercial connections with merchants. In cases of dispute German law shall be valid.
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