1. Except where otherwise specified, all prices are calculated ex works, without obligation, and are subject to a calculation of the prices and conditions applicable on the date of delivery.
2. Weight tolerances of up to 10% more or less are permissible, also unavoidable dimensional deviations in uncut formats. Furthermore, we reserve the right to over/under-deliver by ±10% of the delivery quantity (depending on the yield of the raw material).
3. No guarantee is given for specific colour shades; the colour of the sample can therefore only be regarded as the approximate shade.
4. In the case of manufacture to customers´s specification, we reserve the right to include excess output in the delivery and, in the case of deliveries from store, to include and small remaining quantities. Such deviations can amount to 5-25% in and one delivery, whilst short quantities of the same extent will only be supplied at a later date on special request (uncut formats are dealt with gross for net). Should the customer require that the material composition or the manufacturing process deviate from usual production, no guarantee will be given for the quality of the product.
5. All our deliveries are carried out under reservation of ownership. The ownership is transferred the purchaser only after all obligations from his business association with us have been discharged in full. This also applies if the purchase price for certain deliveries of products specified by the customer has been paid. For current accounts the reservation of ownership is regarded, if necessary, as security for any balance due to us. If bills of exchange or cheques are given in payment, the sum is only as duly paid when the same have been credited. Processing and manufacture are carried out by us under exclusion of the acquisition of ownership in accordance with § 950 (Germany Civil code) and without obligation on our part. The processed good serve as security to the amount of the invoices value of the processed reserved goods. In cases where further processing is carried out by the purchaser in combination with other goods which do not belong to us, the ownership rights to the new article are held by us in the proportion of the invoiced value of the processed reserved gods to the purchase price of the other processed material. The same provisions apply to the new article as to reserved goods. If such reserved goods are resold, the resulting rights of the purchaser are already assigned to us. The assignment is applicable even if the reserved goods have previously been treated or further processed by the purchaser or if they have been resold to several purchasers. The assigned rights serve as security for us to the amount of the invoiced value of the respective goods sold. If the goods are resold by the purchaser, even in combination with the goods which do not belong to us and no matter whether already treated or processed, the assignment shall only apply to the proportion of goods involved according to our invoice.
6. Normal packaging will be invoiced proportionally and will not be taken back by us.
7. Complaints must be raised within 8 days of receipt of goods; otherwise the delivery will be regarded as accepted.
8. Cases of force majeure such as government action, traffic interruption, lack of raw materials, damage by fire, interruption of production in our company or that our suppliers, free us of our obligations to deliver and adhere to confirmed delivery dates. We reserve the right to effect partial delivery at our discretion.
9. This offer/order confirmation is based on the condition that required export/re-export authorization will be granted by the competent authorities in the countries of origin of the offered products and its parts and components. Refusal or withdrawal of said export/re-export authorizations shall be considered as a force majeure impediment with the supplier. The items described herein are not for use, directly or indirectly, in any activities related to the design production, use or stockpiling of chemical, biological or nuclear weapons or missiles or similar extreme applications of illegal resp. other contested purposes or aims. The sale, re-export delivery or retransfer of the material specified herein, directly or indirectly, to any activities related to the design, production use or stockpiling of any kind of weapons, especially as mentioned above is strictly prohibited. In case of contravention we have the right to terminate the contract. We reserve the right to ask for a statement of end use.
10. Terms of payment. Unless otherwise agreed. 2% discount on cash settlement within 14 days or without deduction on payment effected within 30 days of date of invoice. Payment by, bill of exchange is not regarded as cash payment. Acceptance the same is given upon fulfilment when the net sum is entered to our credit. We accept not liability for punctual presentation or lodgement of protests concerning bills of exchange and cheques.
11. By default of payment, interest will become due on liabilities arising from the current account of the normal bank interest rate, but at least 2% above the bank rate of the ‘Landeszentralbank für Baden-Württemberg’. If, after completion of delivery contract or subsequent to delivery, a significant deterioration of the purchaser´s financial situation occurs or becomes known which could endanger our payment claim, and in particular if the bills of exchange issued by the purchaser are not accepted by the ‘Landeszentralbank für Baden-Württemberg’ or are passed on for protestation, we are entitled to demand immediate payment of security, at our discretion.
12. The place of performance is Möckmühl.