upper DEL-Notice: 560.62 € (date: 09.03.2010)

 

Terms and Conditions

1.      Subject terms of contract

 

1.1The tendering is effected subject to change. Order processing is effected in accordance with condition of the confirmation of order; other conditions are valid for us only if these are expressly in writing confirmed. The supply contract remains valid, even if individual contractual agreements are ineffective.

 

1.2 Right ones from the contract are neither transferable nor pawnable of the orderer.

 

 

2.    Price setting

 

2.1 Our prices understand themselves net ex factory Denkendorf, excluding packing and value added tax, as far as nothing else is offered or agreed upon. We compute the prices of the confirmation of order. Orders under EUR 50.00 are completed with a handling surcharge on addition of EUR 13.00. If material- and labour costs increase, we are entitled to make an appropriate impact for the cost increases.

 

2.2 Our catalogue prices understand themselves inclusive copper basis € 150.-/100kg. At the final accounting the DEL-quotation arrives plus 1% delivery costs from the day of placing the order.

 

2.3 With offers and/or confirmation of orders as price basis if a metal basis is selected, for the accounting the difference is consulted for the DEL-quotation from the day to incoming orders plus 1% delivery costs.

 

2.4 Tooling expenses are proportionate costs, the orderer acquire no rights on it.

 

2.5 If nothing else is agreed, the payment is due within 30 days starting from invoice date. At expiration of this term the orderer is also without reminder in delay. If the buyer comes into delay, in accordance with interest the respective bank corroding for overdrafts starting from due date, at least however interest at a value of 3% over the respective rate of discount of the European central bank is computed.

 

2.6 During payment within 10 days after invoice date, 2% discount payment are granted. At expiration of this payment target unauthorized departure is demanded in addition.

 

 

3.    Supply

 

3.1 The indicated delivery time determines into approximately the time for the outlet of the supply starting from our work. If we become at the supply by disturbance in the flow chart or by an unexpected event or by our suppliers, who cause a default of their supply despite all reasonable care, prevented, then our time for delivery extends in the appropriate framework. If the supply should become impossible by these circumstances, our obligation to supply is void.

 

3.2 Partial deliveries, over-deliveries and under-deliveries of 10% and/or short lengths of the order quantity are permissible. Raw material-caused and deviations caused by production in the structure, with dimensions, weight, condition and characteristics we have to reserve itself. All data in this connection are noncommittal, are considered as approximate and have not the character of an assured characteristic.

 

 

4.    Packaging

 

One-way packaging’s, coils, etc. can be placed in individual cases to cost prices in calculation. Borrowing drums (except KTG drums) or other packaging are loaded with a pledge value and credited after free return. One-way drums and/or one-way packaging’s change into the property of the buyer. If the supply on drums of the KTG-Kabeltrommel GmbH, Köln, is accomplished, the computation of the drum rent takes place directly via the KTG according to their regulations. The appropriate guidelines are considered as a component of sales and delivery terms and on requirement are sent.

 

 

5.    Passage of the risk

 

Each danger turns into at the latest on the orderer, if the commodity is ready to be collected or announced ready for dispatch or by delivery at a carrier or a carrier left our enterprise.

 

 

6.      Retention of title

 

6.1 The commodity remains up to the full payment of all present and in the future developing demand from the business relation our property.

 

6.2 The orderer is obligated to store and carefully treat the purchase thing separately, in particular is it obligates to insure these at the own expense against fires water and theft damage sufficiently to the original value.

 

6.3 The processing or reorganization of the purchase thing by the orderer is always made for us, however without obligation for us. If the commodity is processed us with other, not belonging articles, then our property extends also to this article. The orderer retires all demands from this commodity on us.

 

6.4 Accesses third to the reservation commodity are to be announced us immediately.

 

 

7.      Patent rights third

 

The orderer carries all risks, if in the case of supply according to design or other data of the orderer patent rights third are injured.

 

 

8.      Guarantee

 

8.1 The orderer has to examine the supplied articles immediately after their arrival for outside lack. These must be indicated to the commodity in writing within 2 weeks after arrival under indication of the order number and delivery note number with proof sample, otherwise rights from them cannot be deduced.

 

8.2 As appropriate a lack of the purchase thing representing from us to be present, replacement will be effected. Other requirements, in particular on replacement of damages or a cancellation of the contract, are impossible.

 

8.3 The warranty amounts to 2 years, counted starting from passage of the risk. This period is a period of limitation.

 

8.4 Returns of goods require our written promise.

 

 

9.      Place of delivery and area of jurisdiction

 

Place of delivery for the obligation to pay of the buyer as well as for all other contractual obligations for both contract parts is Denkendorf. The laws of the Federal Republic of Germany under exclusion of foreign right and the standardized international purchase right are valid. The German version of the contract text is relevant.

 

 

10.   Salvatori clause

 

If one of the aforementioned regulations of this terms of sale for any reason should be futile, ineffective or impracticable, then the validity of the remaining regulations and the underlying contract remains untouched. The parties are held in such trap to set to the place of the distressed regulation an agreement which corresponds to the been omitted regulation earliest.

 

 

 

August 2009