Terms of Delivery and Payment
The terms of delivery and payment
specified hereafter shall become effective immediately for all supplies and services delivered, unless expressly stipulated otherwise in writing. Statements to the contrary by the purchaser under reference to his
business and purchasing conditions are herbey declared void. The application of the Universal Law on international Purchases of Movable Goods and the Universal Law on the Conclusion of International Purchase
Contracts on Movable Goods of 17.7 1973 is hereby excluded.
1. Offers and Prices
All otters are non-committal as to prices
and delivery poolbilities as weIl as to delivery dates. The otters are subject to prior sale The prices are to be understood ex warehouse München, excluding turnover fax (speciaI offers shall be an exception). In
the event of unjustitield nonacceptance of the goods, the costs incurred by us (10% of the sales price) are to be reimbursed: the purchaser remaining free to provede proof that the damage suffered by us is inferior.
lt shall furthermore be considered as unjustfilied non-acceptance, if, in the event of a somewhat prolonged date of delivery, the purchaser refuses to accept the goods without prior concelling his order.
2. Times of Delivery
All times of delivery and due dates given
shall be noncommittal, Part deliveries are permissible. Unforeseeable obstructions to delivery such as force majeure, strikes, operational feilure either in our works or in those of our suppliers, transport problems
etc. shall entitle us to postpone delivery for the period of such obstruction plus an adequate time span or even to withdraw partly or entirely from the contract. In case we are answeable for the non-adherance ro a
binding term of delivery or for delayed delivery, the purchaser is entitled to liquidated damages amauntin 1/2% for each complete week of delay, not exceeding, however, a maximum of 5% of the amount of invoice for
the delayed deliveries and services. All further claims, in particular any kind of daim for compensation, shall be excluded. Parts, which are temporarily note of stock, shall automatically be registered as arrears
and be delivered within shortest. Otherwise, a note of cancellaton is made on the invoice or a note that the article has to
be reordered after an adequate perriod of time.
The risk is transferred to the purchaser as soon as
the goods have been handed over to the carrier or as soon as they have left our warehouse for dispatch. In the event of shipment abroad the International Delivery Conditions in accordance with Incoterms 1990 shall
be applicable in addition to the present terms.
4. Packing Material
Packing material shall be charget separately.
5. Terms of Payment and Basis of Invoice
agreed, the amount of invoice shall be payable notwithstanding possible quality complaints within fourteen days of invoice date without discount. After the period of 14 days has been exceeded, we are entitled to
charge default interest amounting to 3% above the current Lombard rate of the Deutsche Bundesbank, unless we provide proof that we have suffered higher damage. Payment shall not be considered as effected amaunt is
at our disposal. In the wvent of payment by cheque, payment shall not be considered as effected unless the cheque has been honoured. If an invoicing is done in a currency other than German it will be done on the
basis of the current DM-rate of the day the account is placed. In case of deviations of more thean 5% an the day the payment is receives we are authorized to make a recalculation.
6. Reservation of Proprietary Rights
All goods delivered by us
shall remain our property until their complete payment. They shall not become the purchaser's property unless he has fulfilled all obligations resulting from any delivery made to him, from all cheques and from all
bills. In the event of attachment of goods or other forms of seizure by third paties, the purchaser shall clearly point to our property and advise us accordingly without delay. In case the goods delivered have been
processed by the purchaser along with other goods which are not our property we shall have propriety rights to the new good in a proportion of the value of our products to the value of the finished product.
Otherwise the same conditions are applicable to the new golld as to the goods for which we reserve our proprietary rights. The purchasers accounts receivable from a resale will now be surrendered to us no matter it
the reserved good is sold without or after processing. If the reserved good described is sold along with goods that weren't received from us, the surrender of accounts receivable from the resale is valid only to the
extent of our delivery price. The purchaser has the right to collect accounts receivable from the resale until our contermand which is permissable at any time. If the value of the collateral, which we are entitled
to because of our right to retain title of property, is in excess of 25% of the value of the secured accounts receivable, we are required to release the collateral.
Complains are to be made within eight days after
receipt of the goods. In the event of justifable quality complaints we shall be entitled to either repair the defects or to take the goods back by crediting the purchaser with the invoiced amaunt or to make
gratuitous replacement within a reasonable time or to credit the purchaser with the sum corresponding to the depredation of the goods. Any further claims arising from liability for defects shall be excluded. The
same epplies to any kind of damages unless they refer to the absence of a guarenteed property of in the event of international or grossly negligent breach of contract. Parts which have already been used, especially
if they have been built in, are excluded from exchange.
8. Place of Performance and Jurisdiction
The place of
performance and, as far as legally permissible, the sole place of jurisdiction for all disputes arising directly or indirectly from the contract, shall be München - Germany. In the event of one clause of the present
terms being or becoming void, this shall not affect the validity of all other provisions or agreements.