1. Dates and times quoted by the company for delivery run form the receipt by the company of a written order or from resolution of technical details whichever is the later. All dates and times quoted are estimates only and any delay in meeting delivery dates will not give rise to a right to cancel the order unless such a right is specifically reserved in the customer’s written order and accepted in writing by the company.
2. Offers for goods ex-stock are subject to the goods being unsold at the time of the customer’s order or resolution of technical details whichever is the later.
3. Unless specifically included in the quotation, prices do not include delivery and any delivery charges incurred by the company will be passed on to the customer.
4. The company reserves the right to make part deliveries. A new request by the customer for the company to delay or split deliveries may result in a stocking charge and any additional costs incurred by the company being debited to the customer.
5. The customer must notify the company within 24 hours of receipt of an incorrect delivery of goods or missing, non-delivered goods. After 24 hours the company shall not be liable for any claims by the customer for incorrect delivery or missing, non- delivered goods.
1. Payment of goods is to be made in full prior to the goods being dispatched by the Company, unless otherwise agreed, and the company is entitled to withhold the goods, until payment is received
2. If the company fails to make payment as provided for above, the company will (in addition to any other remedies) charge and be entitled to be paid by the customer interest on overdue accounts at the rate of 2% per month or part thereof until payment is received.
3. In addition to any other rights available, the company shall have the right of access to enter the purchaser’s premises and to take possession of any goods supplied by the company for which payment is overdue. In exercising such rights to enter and remove goods the company will not be responsible for any damage thereby caused.
1. Risk in the goods shall pass to the customer at the time of delivery to or collection by the customer or its agent whichever is the earlier.
2. Retention of title: The company keeps full title to all supplied goods, unless otherwise agreed, until the purchase price, including interest, any costs and any other outstanding accounts between the company and the customer have been settled.
3. Until title to the goods passes to the customer, the customer shall hold the same in its fiduciary capacity as bailee for the company and shall keep the goods separate from that of the customer and third parties and ensure that the goods are at all times identifiable as the company’s property; and the company reserves the right to dispose of the goods and the company may retake possession of the goods at any time. For that purpose the customer agrees that the company or its servants and agents may enter upon any land or premises occupied or used by the customer.
1. Notify the company by letter, telex, or facsimile of its desire to return the goods together with the reason for the return.
2. Obtain from the company a designated return label which will contain an identification number and which shall be affixed by the customer to the packaging in a prominent position. This procedure is solely for administrative convenience and the issue of a return label shall not be taken as an admission of any fault in relation to the goods being returned. No goods shall be returned without the company’s prior approval.
3. Goods will only be accepted back by the company if packed in the original packaging in which the goods were delivered.
1. The customer is advised that the goods may be subject to German government export regulations and where these apply it is the customer’s sole responsibility to obtain authorization from the German government before re-exporting the goods from the country of purchase.
2. Where the goods are destined, directly or indirectly, for an non-German location or where the customer is stated not to be a German resident, the customer will be solely responsible for all bank charges, fees, agency fees, commission and interest on overdue payments in respect of a ll drafts, cheques, bills of exchange, letters of credit or credit transfers and no deduction whatsoever in respect thereof may be made from any payment to the company or to its order.
3. The customer shall also ensure that the equipment is fit and suitable for import and use in the country or countries of importation and that equipment and relevant documentation comply with all necessary governmental or other official regulation, safety requirements, specifications or requirements whatsoever, including certificates of origin.
1. The delivered goods remain the property of the seller until payment has been effected”.
2. Delivered goods shall remain the property of the seller until all outstanding accounts pertaining to the business relation have been paid.”
3. If the delivered goods are processed by the buyer, the buyer does not enjoy a title to the processed goods. The processing of the goods takes place free of charge to the seller. In the event that the retention of title does become inoperative, the buyer and the seller are now already in agreement that the title to the goods passes to the seller simultaneously with the processing of the goods and that the seller accepts the transfer. The buyer holds the manufactured goods free of charge to the seller. In cases where the goods are processed with other goods belonging to a third party, the seller enjoys a right of co-owner- ship to the processed goods. The extent of this right of co ownership is determined by the difference between the invoice value of the goods delivered by the seller and the invoice value of the remaining goods.
4. The buyer hereby assigns to the seller all rights to outstanding accounts which he may have in connection with resale of goods which fall within the seller’s retention of title, including cases in which goods have been processed. If the processed product - in addition to goods which are delivered by the seller - only comprises goods which belong to the buyer or have been delivered with the so called “simple retention of title” the buyer assigns all outstanding accounts and obligations to the seller. In other cases, I e if the buyer has assigned rights to several suppliers, the seller is entitled to a share of the buyer’s outstanding accounts corresponding to the relation between the invoice value of the goods delivered by the seller and the invoice value of the goods which are used in the processing of the final product.
5. At the request of the buyer, the seller has an obligation to release collateral security of is own choice which is due to him pursuant to the above provisions to the extent that he realizable value of the collateral exceeds the value of the secured outstanding accounts by more than 20 percent”.
6. The agreement is governed by German law”.