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SUR – Terms and Conditions of Sale and Delivery

The terms and conditions specified below apply to all orders. Deviating terms and conditions of purchasing of the buyer and arrangements as well as verbal agreements deviating from the conditions specified below shall only be binding for us provided we have confirmed such in writing.

  1. Our prices are only valid for the specific offer and are not binding for subsequent orders. Our prices are defined as subject to confirmation, ex works and without packaging. The confirmed prices are valid provided our total production costs do not change. In the event of an increase in the total production costs up until the day of the delivery, the prices agreed on shall be increased accordingly. Waybill stamps and other federal, state and other levies, including tariffs and including those charges which are introduced subsequently on the basis of statutory provisions or official instructions shall be defrayed by the buyer.
  2. Breidenstein shall be the place of performance for deliveries and payments. Biedenkopf shall be the legal venue; moreover, the Biedenkopf Local Court shall have jurisdiction at our choice
    regardless of the value of the matter in dispute.
  3. Terms of payment: The following conditions shall apply: 14 days after receipt of invoice 2% cash discount, 30 days after receipt of invoice net. Promissory notes are only considered as being paid once they have been honoured. They can be returned at any time without giving reasons. In case of default, all the buyer's liabilities with regard to which a respite has been granted shall fall due for payment immediately. Interest of 2% above the respective discount rate of the German Federal Bank on overdue accounts is considered owed without specific notification being made.
  4. Reservation of proprietary rights: The goods delivered shall remain our property until full payment has been made. If the buyer sells the products, said party hereby assigns the claims towards the customer arising to the buyer from such sale along with all ancillary rights to us until full payment of all of our claims under the delivery of the goods. At our request the buyer is obliged to provide the information required by us in order to assert our rights towards the customer and to submit the corresponding documents to us. If the value of the securities provided to us exceeds our
    accounts receivable with regard to the goods delivered by more than 20%, we shall be obliged to retransfer such securities at the buyer's request.
  5. The delivery period shall be considered approximate and non-binding and subject to availability. A non-compliance with the delivery period shall not lead to any punitive damages or liquidated damages for such delay under any circumstances; moreover, such non-compliance does not entitle the buyer to withdraw from the contract.
  6. Cases of force majeure, e.g. mobilisation, war, political unrest, industrial action or lock-outs in our facilities or in any of our suppliers' facilities entitle us to cancel delivery obligations into which we have entered in their entirety or in part without granting the buyer the right to derive any claim to damages from this.
  7. Notices of defects can only be considered provided such are received by us in writing within a period of 8 days after receipt of the goods. Commercial agents and brokers who work for us are not entitled to accept notices of defects. In the event of justified notices of defects, we replace the defective parts free of charge provided the terms of payment agreed on have been fulfilled. Moreover, we can take back the defective goods free on rail at our choice. Claims for damages of any kind, to con version or reduction shall be excluded.
  8. All the rights and obligations arising under this business relationship shall exclusively be governed by German la.
  9. Agreements made with our sales representatives and offers made via phone, cable messages or verbal offers and agree ments entered into in this way shall require our written confirmation in order to become valid.
  10. The information provided by us in catalogues, price lists, etc. is provided to the best of our ability with regard to images, capacities, weights, dimensions and other characteristics; however, they are non-binding.
  11. All offers are defined as being subject to confirmation at all times. We can reject our delivery obligations in their entirety or in part in the event of cases of force majeure, such as war, mobilisation, strikes, lock-outs and, furthermore, in the event of longer-lasting interruptions in the electricity supply and in the supply with the required raw materials and components as well as in the event of being in receipt of negative information regarding the buyer's business situation.
  12. Apart from this, the new provisions of the General Terms and
    Conditions shall apply.

The prices specified are defined as prices in EUR per item and exclusive of the statutory value-added tax. These prices are not intended for final consumers and only form a calculation basis.

If the net value of the goods in one shipment amounts to EUR 1,000, the goods are sent to your warehouse carriage paid provided shipment is effected via a carrier or forwarder (within Fed. Rep. of Germany).

We charge a surcharge of EUR 10.00 for small orders with a value of less than EUR 100.00.

Apart from this, our Terms and Conditions of Sale and Delivery with which you are familiar shall apply.

These terms and conditions completely supersede those contained in all earlier price lists.

general terms and conditions

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