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§l

Area of application

1.1

We provide our deliveries and work and services exclusively in accordance with these General Sales Conditions. Contradictory or conflicting conditions of the customer shall not be acknowledged unless we expressly consent to their validity.

1.2

Our General Sales Conditions shall also apply to future transactions, even if they are not enclosed in individual cases.

§2

Offer and conclusion of contract

2.1

Our offers are non-binding unless expressly stated as binding.

2.2

Crucial for the order is our written confirmation. In the case of immediate fulfilment of the order, the goods invoice or delivery note shall apply as confirmation. If the customer objects to the content of the confirmation of order, this objection must be entered immediately. Otherwise, the contract shall enter into force in accordance with the confirmation of order.

§3

Content

3.2

Guarantee. The details of the products sold by us in brochures, lists, catalogues, datasheets and advertising, in specifications, technical specifications and other technical delivery conditions, in certificates (e.g. certificate of compliance) and other forms do not represent a guarantee for the nature or durability of the object above and beyond the normal liability for defects. We shall not assume any guarantee without express agreement. Use not in accordance with the contract shall not be considered unless an express agreement has been made to this effect. We shall not assume any procurement risk for indeterminate obligation without express agreement.

3.3

Samples of the products sold by us shall be considered as test samples and shall not justify any guarantee in respect of the nature of the object without express agreement. The applicable tolerances must be observed.

3.4

Quantity changes. In order to form reasonable lot sizes, we reserve the right to make invoiced overdeliveries of up to 10% and non-invoiced underdeliveries of up to 5 % insofar as this is not unreasonable for the customer.

§4

Order for goods to be delivered on demand

4.1

For orders for goods to be delivered on demand, an order must be placed within a period of 2 weeks before the desired delivery date, unless agreed otherwise.

4.2

Unless agreed otherwise, an order for goods to be delivered on demand must be placed within 1 week from the day of confirmation of order. After a further reasonable period set by us, we reserve the right to supply and invoice the goods and to withdraw from the contract or demand compensation for nonfulfilment. We reserve the right to charge the price for the actual quantities orders.

§5

Prices

5.1

The prices stated in the order confirmation are definitive. The prices are ex works. They do not include packaging, freight, insurance, customs and sales tax.

5.2

Processing surcharges. If the products to be supplier in the customers order are processed by us (e.g. bent or cut, removed, rewound connections) we charge working cost surcharges and processing surcharges independent of quantity.

5.4

Price increases. Where unforeseeable costs are incurred after conclusion of contract during fulfilment of the order, we reserve the right to adjust the prices within the framework of the altered circumstances and without charging additional profit.

§6

Payment

6.1

Payable, interest. Unless agreed otherwise, our invoices are payable without deduction.

6.2

T/T payment is only accepted on the basis of an express agreement. Discount fees and other costs for bills of exchange and cheques shall be born by the customer.

§7

Delivery

7.1

Delivery dates. Delivery dates and periods stated by us are non-binding unless agreed otherwise. Binding dates are not fixed dates if they are not expressly stated as such.

7.2

Partial deliveries are permitted where this is not unreasonable for the customer.

7.3

Reservation as to oneself receiving delivery. We reserve the right to withdraw from the contract if our supplier does not deliver correctly or timely. This right of withdrawal shall only apply if we are not at fault for this non-delivery by the supplier, in particular, if we have concluded a congruent cover transaction with the supplier. We shall immediately inform the customer of non-availability of the goods. Any payment made to us shall be reimbursed immediately.

7.4

Late delivery. In the case of late delivery, the customer can only withdraw from the contract if it has set us a reasonable subsequent period with a threat of rejection and the delivery has not been made within the subsequent period.

7.5

Compensation for delay. If our delivery is late, we shall be liable in the case of gross negligence for losses incurred by the customer. In the case of slight negligence, our liability for losses incurred shall be restricted to compensation of 0.5% for each complete week of delay to a total of 5% of the price of the part of the delivery which could not be used as a result of the delay. Moreover, in the case of slight negligence, we shall be liable for compensation from the time when the subsequent period set by the customer expires.

§8

Transfer of risk/dispatch

8.1

Risk of accidental destruction and accidental deterioration of the goods shall transfer upon transfer; for dispatching, risk shall transfer to the customer upon delivery of the goods to the haulier, the carrier or other person employed. This shall also apply if carriage paid delivery is agreed in individual cases.

8.2

If the dispatch is delayed due to circumstances for which the customer is responsible, risk shall transfer to the customer on the day of readiness for dispatch.

8.3

If we select the method of dispatch, carriage or courier, we shall only be liable for gross negligence in respect of the selection.

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