1. CONDITIONS OF SALE 1.1 All goods shall be supplied solely in accordance with the following Terms and Conditions of Delivery and Payment. Ancillary oral agreements shall not become effective unless confirmed by the Seller in writing. 1.2 Placement of an order shall be deemed acceptance of the present Conditions. 2. OFFER DOCUMENTS 2.1 Should the order qualify as an offer pursuant to Sec. 145 German Civil Code, such order may be accepted within a period of four weeks. 2.2 The Seller shall reserve the rights of title and copyright to any and all illustrations, drawings, calculations or other documents. This shall also apply to any written documents which are marked "confidential". The express consent of the Seller shall be required by the Buyer prior to passing on the same to third parties. 3. PRICES AND CONDITIONS OF PAYMENT 3.1 The prices of goods supplied shall be subject to the price list prevailing at the time of dispatch. This shall apply in particular to subsequent deliveries. 3.2 Upon publication of new prices all other prices shall cease to apply. The selling prices stated in the price list shall be quoted in euros, including statutory value-added tax (16%). For trade customers current purchase prices shall apply, plus statutory value-added tax. 3.3 In case of orders placed, the prices prevailing on the date of delivery shall apply. 3.4 In all cases, goods shall be supplied against cash on delivery. No exceptions shall be permitted, unless expressly otherwise agreed on a revocable basis. In the event of default, the Seller shall be entitled to refuse delivery of any and all goods to the customer. No liability shall be accepted for damages accruing from non-delivery. 3.5 Should the Buyer default on payment, the Seller shall be entitled to demand interest at a rate of 5% p.a. above the basic interest rate prevailing from time to time according to key rate of interest. Should the Seller be in a position to furnish evidence on higher damages resulting from such default, it shall be entitled to claim the same. The Buyer shall however be entitled to prove to the Seller that no damages, or substantially lower damages have arisen as a result of the default in payment. 3.6 The flat rate for freight charges within Germany shall amount to 6,70 euros for parcels up to 5 kg. An extra charge of 3.50 euros shall be payable for cash on delivery. Additional costs for heavy items and bulky goods shall be invoiced separately. Payment shall be collected in cash - due to the discontinuation of the cheque card guarantee, payment by EC cheque shall not be permissible. 3.7 In the event that acceptance is refused, the Seller shall invoice the Buyer for all costs and additional charges resulting therefrom. 4. CONDITIONS OF DELIVERY 4.1 Unless otherwise stated in the order confirmation, delivery shall be agreed "ex works". 4.2 Due to the production process, the goods supplied may differ in colour, nature, weight, dimensions, design or other characteristics. 4.3 Neither transport packaging nor other packaging complying with the packaging regulations shall be returnable, with the exception of pallets. The Buyer shall be obliged to arrange for disposal of the packaging at its own expense. If so desired by the Buyer, the Seller shall arrange transport insurance coverage for the goods; the costs thereof shall be payable by the Buyer. 4.4 In all cases, goods shall be dispatched on the account of the recipient. The transportation company must be notified without delay of any damage occurred during the transport. Compensation may be claimed from the relevant transportation company only. 4.5 The Seller shall be entitled to make partial deliveries, unless expressly otherwise agreed. Partial deliveries shall be deemed independent deliveries. If the item ordered by the Buyer is not in stock, an order confirmation shall be issued stating the estimated delivery date. The Buyer shall not be entitled to rescind the agreement on the grounds of non-delivery unless the Seller is unable to deliver within twelve (12) weeks and the customer has notified the Seller of such rescission in writing. Any and all delivery dates or other information provided either orally or by phone shall not be binding. 5. GUARANTEE 5.1 The rights accruing to the Buyer under the guarantee shall be contingent upon compliance on the part of the Buyer with its obligations to duly inspect the goods and notify any defects, as required under Secs. 377, 378 German Commercial Code. 5.2 The Seller shall provide a two-year guarantee for all goods supplied. Such guarantee shall however not apply in the event of improper use, non-compliance with the instructions for care, or negligent handling. 5.3 In the event of a defect in the article of sale for which the Seller is responsible, the latter shall be entitled to either remedy such defect at its own discretion or provide a replacement. Should the Seller opt to remedy the defect, it shall be obliged to bear all expenditure necessary to remedy the same, in particular the costs of transport, travelling, labour and material, provided that such costs are not increased by the fact that the article of sale has been conveyed to a place other than the place of performance. 5.4 Returned goods shall be accompanied by a copy of the original invoice to facilitate processing. Continuation next side >>