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General
Conditions of Sale
The
present general conditions apply to any and all business transactions
with the buyer even if no further reference is made to them in later transactions
contrary conditions in the order of the buyer are not valid. Other terms
as well as agreement accepted by our agents are subject to our express
written approval.
Any quotation made by us are given without any obligation on our part.
Delivery contracts will become effective on the basis of the contents
of our order confirmation or our invoice.All illustrations shown in our
catalogue are non-binding. In the interest of technical progress we herewith
reserve the right to after the design form, material and measurements
of the products prior to the date of delivery provided, however, that
such alternations shall not unduly impair the buyers interests.Prices
quoted by us are for delivery ex factory in German marks and do not include
the costs of transport, packing, insurance and other costs which will
be charged additionally to the buyer. Prices are charged at the rates
in force at the date of delivery unless fixed prices are expressly agreed.
Shipments are made for the account and sole risk of the buyer. Unless
otherwise agreed we shall be free to select the routs and means of transportation,
but we shall not be held responsible for the selection of the cheapest
and quickest of all given possibilities. Packing is charged at cost price,
packing material to be non-returnable.Transport insurance will be covered
by us and charged to the buyer unless contrary instructions are given.
Small deliveries are send uninsured for buyer risk. In any case we are
under no obligation to take out a transport insurance. In case of damage
to or loss of good during transportation, the buyer shall immediately
cause the carrier to draw up an inspection report
Payment are subject to the terms of payment arranged in the contract.
All payments must be made free of charges. Payments will always be used
to cover the oldest invoice. Should the buyer fail to make any payment
on or before the date on which payment is due we may, without giving formal
notice, charge at a rate of 3% above the current German Federal Bank rate,
but not less than 7%. If the Buyer falls to make any payments when due
or if after conclusion of the contract reasonable doubts arise as to his
solvency, we may at our option request either payment in cash of all open
amounts including bills receivable, or a corresponding security advance
payment.The withholding of payments or the setting off by the buyer because
of any counter-claims contested by us and not having been legally established,
shall not be permitted.
Goods delivered shall remain our property until all claims that we may
have against the buyer will have been paid by him in full. The buyer may
not pledge or assign as security any such goods in respect of which we
have retained the title. Should the buyer sell any such goods, he herewith
assigns to us the accounts receivable from such sale. In case of insolvency
the buyer must inform his customers of such assignment and provide us
with all information of imminent or established warrants of distress.
Goods delivered shall remain our property until all claims that we may
have against the buyer will have been paid by him in full. The buyer may
not pledge or assign as security any such goods in respect of which we
have retained the title. Should the buyer sell any such goods, he herewith
assigns to us the accounts receivable from such sale. In case of insolvency
the buyer must inform his customers of such assignment and provide us
with all information of imminent or established warrants of distress.
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