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Supply & Payment Terms:
1. Range Supply Obligations
The sales contract is only binding for us in the case of a written confirmation order. The purchaser acknowledges awareness of our conditions with our order confirmation. Deviating conditions of the purchaser or any other verbal agreements shall not be considered valid unless approved by us in writing. This contract shall remain valid even in the case of certain points being declared legally invalid.
2. Prices
Our prices apply starting from the factory excluding packaging, insurance, customs, etc. Prices are only valid in each particular case of each confirmed job. Supplementary orders are considered to be new jobs.
3. Quantity Discrepancies
The purchaser accepts quantity differences up to but not in excess of 5 percent in relation to the agreed-upon purchase quantities, caused by production with our products.
4. Approval
If approval is required, then the conditions are to be determined by, at the latest, the conclusion of the contract. Approval must take place immediately following announced approval readiness. The costs of approval are charged to the purchaser. If the purchaser omits the approval, then the product, upon leaving the supplier, is considered to be in accordance with the purchaser's condition.
5. Packaging
All packaging is to be carried out with the utmost care. It is charged at the best rate available. Crates and boxes are credited at the charged amount after freight prepaid return in good status within 4 weeks of 2/3.
6. Shipment
If the type of shipment is not indicated, it shall occur in the most cost-effective manner our discretion dictates.
7. Tools
The purchaser does not acquire claim to tools used by remuneration of shares of the cost. These remain our exclusive property. We commit to execute no third-party orders with those tools for which the purchaser has paid the appropriate share of costs. We reserve the right to scrap any tools from which the purchaser does not require supplies to be procured with.
8. Delivery Times
We determine delivery times according to our availability. They specify the time at which we ship the product. Our delivery times are subject to unexpected delays, whether the result of events in the factory, with subcontractors, or by a higher force. In such cases the purchaser is not entitled to withdraw from the contract. The delivery times are to be extended appropriately in such cases. No requirements apply to extended delivery times.
9. Call-Offs
With call-off the entire quantity must be removed within the agreed-upon period. If the calls do not take place within this period, then we reserve the right to dispatch and charge for the quantities not yet recalled. Requirements stemming from this are subject to our standard payment terms.
10. Transfer of Risk
All risks fall upon the purchaser as soon as the order has left our factory or is made available to the purchaser, even if freight prepaid supply is agreed-upon.
11. Liability for Defects
Objections regarding quantities, weight, and technological characteristics, that can be determined by receiving control are to be at the latest within two weeks after receipt of the goods. Reimbursement or credit will be applied in the case of valid objections. This only applies in the case of quality defects, however, if the incorrect material constitutes more than 2% of the delivery volume and if the incorrect pieces are returned. We cannot recognize additional requirements.
12. Retention of Title
Products supplied remain our exclusive property until payment in full (including payment of precious metals or their delivery in kind) is received. Use as collateral or transfer by way of security is forbidden up until this time. During proper resale by the purchaser these requirements are abandoned.
13. Patent Rights
Any drawings, sketches, or other specifications transferred to us are utilized at the risk of the purchaser in regard to patent, sample, and labeling legal respects. If, by the execution of such orders, infringement upon patent rights is committed, the purchaser assumes full responsibility of resulting damages.
14. Payment Terms
A) Precious metals are to be paid immediately on receipt of invoice,
B) Tool expenses are likewise to be paid immediately after inspection of reference samples,
C) All remaining costs become payable within 30 days of invoice without deduction. Generally, no rebate is granted if payment is effected by bank note.
15. Purchasing Conditions of the Purchaser
Purchasing conditions of the purchaser that are in contradiction with these conditions are not binding for the supplier, even in the event that the purchaser has stipulated them as a basis for the agreement and the supplier has not expressed any objection to them.
Stand: 01.01.2012
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