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TERMS OF SALE , DELIVERY AND PAYMENT
1. 0ur prices are -unless otherwise agreed in writing- in EURO net plus
the legal value added tax.Valid are the selling prices charged on the
day of placing the order.The minimum order value amounts to ¨ 100.
2. The delivery will take place according to our choice unfree from stock.Unless
otherwise agreed, the shipment will take place on the purchaserís
expenses and risk.
3. The mentioned times of delivery are not binding. In case of force majeure,
strike, natural disaster and other "delivery obstacles" which
cannot be managed by reasonable efforts and we are not responsable for,
we will be entitled to postpone the delivery to maximally 6 weeks or to
withdraw from the contract in case of appearance of performance disturbances
that are of non-temporary nature.
4. Immediately after receipt, the purchaser will examine the merchandise
so far this is necessary according to the reasonable course of business
and if a defect is shown, this will immediately be reported.If the purchaser
does not give a notice of defects, the merchandise will be considered
as accepted unless it is a defect that could not have been detected during
the examination.If such a defect turns out later, then the notice will
have to be made immediately after discovery;otherwise this merchandise
will be considered as accepted in spite of recognition of this defect.The
purchaserís rights will be respected if the notice is sent off
in time.This obligation will not apply if the defect has been concealed
fraudulently.
At purchase according to specimen or sample the quality of the speciman
or sample will be agreed as accepted.The purchaserís rights resulting
from possible hidden defects of the specimen or the sample are excluded.
Rights resulting from irrerelevant defects are excluded.In case of relevant
defects the seller will give retroactive fulfilment (removal of defects
or new delivery) according to his choice.The purchaser reserves the right
to rescission and reduction in case the retroactive fulfilment does not
work.
The sellerís liability for neglecting his duties in a slightly
negligent way will be excluded so far these do not refer to duties, damages
resulting from infringement of life, of body or the health or warranties
being an essential contractual part; neither claims resulting from the
product liability law. The same will be valid for duty infringement by
our staff employed for performance of our duties.
5. The delivered merchandise will remain the sellerís property
as a reserved merchandise until payment of the purchasing price and redemption
of all claims resulting from the business connection.This refers also
to present and future claims resulting from the object of purchase.The
insertion of individual claims into a current invoice or the striking
of balance and their recognition will not terminate the reservation of
title.The purchaser will be authorized to resell the reserved merchandise
during the orderly course of business.Already now he assigns to the seller
all claims corresponding to the amount of our claim that will become due
from resale against the buyer or against third parties.The purchaser will
be authorized to collect these claims, even after assignment.The sellerís
competence to collect the claims himself, will remain unaffected; however,
the seller binds himself not to collect the claims as long as the purchaser
complies with his obligation to pay and other obligations in an orderly
way.The seller may demand that the purchaser reveals to him the assigned
claims and the respective debtors,gives all information being relevant
for collection, hands over the respective documentation and informs the
debtors about the assignment.
If the sellerís liability is created by bill of exchange with regard
to payment of the purchasing price, so the reservation of title and the
claims resulting from delivery of merchandise will not expire before the
bill has not been honoured by the purchaser as the entitled person.
If the value of the existing securities exceeds the claims to be secured
by more than 20 % , the seller will be bound to release this bill on purchaserís
demand.
6. If the buyer gets in default with payment for the delivery according
to this or another contract with the seller, then the seller will be entitled
to determine a reasonable time for performance and after itës expiry
to withdraw from the contract and all other contracts that have not yet
been fulfilled.Moreover, after a respective warning the seller will also
be entitled upon expiry of the time limit to sell the merchandise from
the still pending contracts on the purchaserís invoices.In case
of exceeding the period of payment the seller will be entitled to demand
an interest rate amounting to 8 % over the basic turnover without a repeated
giving notice.
7. 0ther, more detailed warranties and promises of any kind will only
be binding in a form confirmed by the seller in writing.
8. By these terms of contract all eventual purchaserís terms will
be cancelled.
9. For this contract and all future business relations these terms will
be valid exclusively.0ther terms will not become part of this contract
even if we do not contradict them expressly.
10. This contract is exclusively governed by German law.
11. Place of performance and juristiction for all matters in dispute resulting
from this contract directly or indirectly is Hamburg.
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