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General terms and conditions
The general terms of delivery shall exclusively be valid and shall be the basis for this Contract as well subsequent contracts between the supplier and the Buyer. Conditions of the Buyer diverging from the supplier`s general terms of delivery shall not be valid.
The order shall be a binding offer. The supplier can accept this offer at his discretion within four weeks either by sending an order acknowledgement or by sending the goods to the Within this period of time.
If nothing other was arranged, payments are to be achieved within 30 days from bill- date without departure. The payment is regarded achieved as timely only then if the supplier can the money within the above period. The supplier is justifiable, for which already fro him/it produced performances to require an appropriate reduction. No delivery- delay happens up to the balance of the instalment.
5. Shipment, Passing of Risk
The supplier shall choose the way and the means of transport. Transport costs and, in case of special packing, also packing costs, shall be borne by the buyer. The risk shall pass to the transport agent or any other person charged with the transport, at the moment when the goods are handed over.
We shall, at our discretion, either repair the goods which are faulty at the moment of passing of the risk or replace them by faultless goods. The buyer shall inform the supplier about detected defects immediately after detection.
The buyer is legally entitled to rescission of the contract taking into account exceptional legal cases in case of a lapse of a reasonable extension period granted to the supplier for the only minor, the buyer has only the right to claim the reduction of the purchase price. Such claim is otherwise excluded.
As to other damages not directly related to the delivered goods the supplier is liable only if done intentionally, or in case of an act of gross negligence committed by corporate officer or a director or a culpable hurting of life, health, body injury, or fraudulent concealment of defects or guaranteed absence of such defects, or for defects of the delivered goods subject to the scope of Product Liability Act for personal injuries and damages to property regarding goods for private use As to a negligent violation of substantial contractual obligations, the supplier is liable also for gross negligence committed by non- exempt employees and for slight negligence. In the latter case liability is limited to the damage typical for such contract and reasonably foreseeable. Further claims are impossible.
8. Retention of Title
Title to all goods delivered is retained by the supplier until each and every claim against the buyer originating in the business relations has been duly satisfied. Prior to this event, goods may not be pledged or given as security and may only be resold by resellers in the normal course of business. The reseller herewith assigns to the supplier all claims from this resale by way of security. If the value of the securities accruing to the supplier pursuant to this sect, 8 exceeds the value of all privileged claims by more than 25 %, the supplier shall upon request release a respective part of the sureties.
9. Statute of Limitations
All claims of the buyer are subject to a 12- month limitation period. Statutory periods shall be applied in case of fraudulent intentand with respect to claims subject to the Product Liability Act.
10. Export Restrictions
The buyer is advised of the fact that the export of the goods, parts and components delivered by the supplier – e. g. because of their type or their purpose of use – may be subject to authorization.
11. Place of Performance and Jurisdiction, Applicable Law
Fulfillment- place is D- 98590 Schwallungen, jurisdiction is D- 98617 Meiningen