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1. |
The buyer
agrees to the contents of this order confirmation as long as
he does not explicitly raise objection to the same. |
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2. |
The delivery
merchandise, once it has left our factory, shall take place at
the buyer's risk and in the most convenient and economical
manner to the vendor from his premises. Additional costs due
to special buyer requests (e.g. delivery by post, speed or
express delivery) are to be borne by the buyer. Orders that
come up to less than EUR 500 net merchandise costs for a
particular delivery date, for a particular centre or point of
collection, shall be delivered with charges levied. |
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3. |
Packaging
required for dispatch is not charged extra. |
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4.1 |
The vendor
retains ownership of the goods deliverd by him till the
payment of all bills in the mutual interest of business
relationships including bank charges, clearance of cheques and
change of currencies in case of overseas payments. |
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4.2 |
The buyer is
obliged to preserve the merchandise for the vendor carfully
and protect it from all insurable risks by law at his own
expense. The buyer shall concede all insurance claims of all
kinds to the vendor with immediate effect. |
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4.3 |
As long as the
same is in conformace with business ethics and permissible by
law, the buyer is authorized to process, preserve or hand over
the merchandise to Third Parties for safeguarding. |
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4.4 |
Processing of
goods is totally excluded from ownership claims according to
Paragraph §950 BGB, with no obligation on the vendor. Any
involvement, connection with or inclusion of Third Parties
implies joint ownership of the vendor according to §947, 948
BGB in proportion of the bill value for the processed
preserved merchandise to the selling price of the remaining
processed goods. The buyer must ensure that the vendor can
claim ownership of the preserved merchandise at any and every
stage of production. |
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4.5 |
For the
purpose of safeguarding all present and future claims by the
vendor, the buyer shall, in advance, pass on all rights on all
clauses of ownership, other related rights and security rights
to the vendor if a Third Party shall preserve the merchandise,
even if the same is processable. In case of handover to a
Third Party by way of which the vendor is a joint owner
according to Section 4.4, the withdrawal is restricted to the
first part of this clause, which is equivalent to the vendor's
joint ownership right. Should the security value exceed the
conditions to be secured by more than 20 %, then the vendor
shall, if the buyer thus demands and the vendor chooses to do
so at his own free will, release the security or have it
released. |
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4.6 |
The buyer is
permitted by law to concede all claues of ownership as long as
he has rightfully complied with all payment obligations to the
vendor. The buyer is authorized to enter into any security
agreements or placement of goods as security deposits only
with prior written sanction from the vendor. |
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4.7 |
Should the
vendor view the fulfilment of his demands as jeopardized, the
buyer must inform the other sub-contractors of his withdrawal
from ownership if the vendor thus demands. He is also under
obligation to furnish all necessary information to the vendor
and take all measures to protect the vendor's rights and
interest. Most particularly, he must immediately inform the
vendor of all promisory agreements made with respect to
preserving and safeguarding of merchandise or in case of any
clauses of ownership being passed on to the vendor. |
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4.8 |
If it cannot
be determined to what extent the buyer's products include the
vendor's merchandise and to what extent the buyer's demands
have arisen from the sale of preserved goods to which the
vendor claims ownership, the identity proof shall be provided,
if the vendor and other goods suppliers hand over their claims
and legal rights of ownership to a trustee (e.g. Pool) |
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5. |
Stringend
conditions, work pressures or government regulation measures
authorize both the vendor as well as the buyer to extend the
delivery and pick-up deadling by a duration of three weeks.
This clause does not apply to damage replacement or
compensation claims. On expiry of this period, both the vendor
and the buyer are rightfully permitted to exit from the
contract. In all other cases of time dely, the corresponding
legal conditions shall apply. A period of fifteen working days
(days on which most office are working), or a maximum period
of three calendar weeks, is considered a reasonable delivery
period. |
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6. |
Any complaint
on visible defects must be given in writing. This must be done
within 10 days of receipt of merchandise and must be justified.
The legal policies shall apply in the case of concealed goods.
The defective merchandise can be sent back only after
receiving explicit approval from the vendor. Goods labelled or
marked with the buyer's company brands or with brand names
requested by the buyer will not be taken back. Special
deliveries will not be taken back. All other claims,
especially those for damage compensation are clearly ruled
out. |
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7. |
The bills
shall be raised on the date of dispatch or pick-up of the
merchandise. The payment must be made within maximum 30 days
from the bill date. |
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8. |
In case of
cash payments within 14 days from the bill date, we offer a
discount of 2 %. We accept no deductions other than those we
have explicitly agreed to. Should the payment fall short of
the bill amount or the advance not be paid by the agreed due
date, we reserve the right to levy interest on the amoount due.
This will be 3 % over and above the bank charges levied by the
nationalised bank in question. |
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9. |
The date of
payment considered by us is the date on which the buyer has
sent the payment with a record of the dispatch date. |
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10. |
Should the
buyer be faced with a delay in due payment tue to us or should
there occur a major crisis in his financial asset situation,
then the vendor is permitted by law to exit from the hitherto
unfulfilled part of the contract, or to demand either cash
payment or a guarantee of the safety of his merchandise
without having to commit to a later date of payment. In case
of warning correspondences having been issued or any legal
dispute arising, all unsettled bills will become due for
payment at the beginning of the legal proceeding. All currency
changes in case of overseas paments that come into effect
later can be advanced for immediate clearance in such a case,
or the vendor can demand immediate payment of all outstanding
payments in full. |
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11. |
Our existing
terms and conditions are binding as long as contradictory
purchase terms and conditions have not been explicitly
rejected or denied by the ordering party. All other terms and
conditions shall only apply if approved in writing by us. |
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12. |
The registered
legal office and place for proceedings with regards to
delivery and payment, if any, is Nördlingen / Bay.. |