Quality by measuring and testing
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1.    Conclusion of contract
All sales and deliveries shall only be made under the following conditions.
This shall also apply if the customer dictates its own purchasing conditions, even without our express objection.
Our offers are subject to change unless their validity is not explicitly stated.
An order shall not be regarded as accepted until we have confirmed it in writing.
Additions, amendments or collateral agreements to these conditions require our written confirmation in order to be effective.
Our delivery terms are considered accepted at the latest with acceptance of our goods or services. The seller reserves the right to withdraw from the contract, to demand payment in advance or corresponding security, in case he notices financial collapse of the customer after conclusion of contract, but before delivery of the goods.
 
2.    The place of performance and court of jurisdiction
The place of performance for delivery and payment is Weinheim.
The exclusive court of jurisdiction for all disputes arising from the contract, including suits filed in connection with checks and bills of exchange, is for the case of the conditions laid down in the provision of § 38 Code of Civil Procedure for both parties Weinheim.
The legal relationship between the contracting parties shall be governed entirely by the laws of the German Federal Republic.
 
3.    Delivery time
The delivery time commences on the day, on which a written agreement about all details of the order is reached between the customer and us.
Also for the size of the order our written order confirmation is decisive.
We assure compliance with the agreed delivery time to the best ability.
The delivery time is extended appropriately, in case of unforeseen hindrances that are beyond our influence, regardless of whether they are in our factory or at our subcontractors.
(Force majeure, operating malfunctions, strikes or lockouts, lack of material)
In this case, we are entitled to withdraw from the contract, with exclusion of compensation claims.
Partial deliveries are permitted.
 
4.    Delivery and risk
Shipment is made ex works or delivery point.
The determination of dispatch way and shipping method is left to our decision, unless agreed otherwise.
The risk shall pass to the purchaser on dispatch, even if carriage paid delivery is agreed upon, and even if the shipment is carried out with our own vehicles.
The packaging costs shall be borne by the customer.
In the case of freight-free return of boxes, we normally credit 2/3 of the box value.
However, the boxes must still be in usable condition. Shipping cartons cannot be returned.
The purchaser bears the freight charges. This shall also apply to mail delivery.
 
5.    Insurance
We arrange insurance for the delivery items only on the customer’s explicit request.
The costs of the insurance are borne by the purchaser.
 
6.    Prices and terms of payment
Prices are in EURO and are applicable ex-works Weinheim.
The prices laid down in the contract are decisive.
If no offer prices are available, the prices valid on the day of delivery shall apply.
If the supply period takes longer than 12 months, we are entitled to make a price reserve.
Invoices are payable within 30 days after date of invoice in EURO.
For payment within 8 days after date of invoice we grant a cash discount of 2 %, if net payment is not expressly stipulated in the offer.
Repair bills are to be settled immediately without any discount.
Representatives are not authorized to collect payment.
Payment by bill of exchange is only permitted with prior written agreement.
The Purchaser shall reimburse bank, discount and collection allowances immediately after charging.
Exchanges with a maturity of more than 3 months will not be accepted.
Any prolongation is excluded.
 
7.    Reservation of proprietary rights
The goods remain our property until full payment has been made in respect of all claims arising from the business relationship, also if it is debt from earlier deliveries.
In case of payment by cheque or bill of exchange, reservation of proprietary rights is valid until their redemption and credit.
The purchaser is not entitled to pledge the delivered goods to third parties or to convey them as security without our consent.
If the goods owned by ourselves are sold by the purchaser within the ordinary course of business, the purchaser’s claim to payment of the purchase price against third parties passes to us.
In case of payment default of the purchaser, we are entitled to take back the goods owned by ourselves, without involving withdrawal from the contract.
If goods owned by us are pledged by third parties or if any other seizure of third parties occurs, the purchaser is obliged to inform us immediately, if possible by phone.
All costs incurred shall be borne by the purchaser.
 
8.    Default of payment
In case of default, we are entitled to charge default interests in the amount of 2% above the Bundesbank discount rate, starting from the date of the first reminder.
If the buyer is in default with an outstanding payment or should his financial circumstances become significantly worse, we are entitled to demand cash payment prior to delivery of the goods on cessation of the payment target, or bank guarantee for all outstanding deliveries.
 
9.    Complaints
Complaints have to be reported to us in writing immediately, at the latest within 2 week after receipt of goods.
We are entitled, but not obliged, to proof the raised complaints at the buyer’s place or to have them checked by agents.
Without our consent the purchaser is not be entitled to return the delivered goods.
We are not obliged to accept complaint consignments not previously agreed upon or to accept the expenses thereby incurred, even if the complaints should eventually prove to be justified.
In case of justified complaints, we are entitled to make improvements or to deliver non-defective replacements within 30 days after receipt of the goods.
After expiration of this period the statutory provisions apply.
In case of hidden defects, the above mentioned provisions shall apply accordingly after the date of detection.
The assertion of claims for damages due to material defects is excluded, unless we or our assistants had caused the damage deliberately or with gross negligence.

Weinheim, January 2015

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