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GENERAL TERMS AND CONDITIONS (in German)

Terms and Conditions of Sale and Delivery

1. General Provisions                                                    

The following conditions shall apply to all deliveries, including those arising from future transactions: The buyer agrees to our terms and conditions of sale if he does not object to them immediately upon receipt of our order confirmation. In all other respects, our conditions shall be deemed agreed upon at the latest upon acceptance of the goods or services by the buyer. This shall also apply if we do not expressly reject deviating purchasing conditions or terms of business. Only our terms and conditions of sale and delivery shall apply to orders.

2. Offers

Our offers are always made without obligation. The dispatch of our price list is not to be regarded as an offer. Orders received on the basis of the dispatch of price lists, circulars or general offers do not oblige us to deliver. Agreements made by agents or sales representatives as well as verbal agreements require our written confirmation and only become legally effective thereby. Deviations from samples or previous deliveries shall be avoided insofar as technically feasible. Significant deviations shall only give rise to a right of withdrawal or replacement delivery. Specifications regarding specific weights, quantities and hardness are guideline values; no guarantee can be assumed for compliance therewith, and the same applies equally to colours and dimensions. For dimensions, the applicable DIN regulations shall apply with regard to tolerances, unless other values have been expressly confirmed by us. We reserve the right to deviate by up to 10% above or below, depending on the article. The prices quoted in our offers for set-up costs, mould or tooling cost shares are guide prices. They may be adjusted upon completion. The respective cost shares are payable immediately upon receipt of the invoice without any deduction. Cost contributions paid by the buyer do not affect our exclusive right of ownership. «Parts supplied by the buyer for further processing  must comply with the drawings and be delivered to our works in perfect condition free of charge. For any rejects, the agreed or otherwise reasonable surplus quantity shall be provided.»

3. Prices

Our prices, with the exceptions stated below, are understood as ex works excluding packaging. Only the prices valid on the day of delivery shall be decisive, unless a fixed price has been expressly agreed. We are entitled in particular to increase prices if the costs of production and manufacture as well as the costs of purchasing the required materials increase. Insofar as Section 11 No. 1 of the German Act on the Regulation of General Terms and Conditions (AGBG) is applicable, an increase in the contractually agreed prices shall only be permissible if the agreed delivery period exceeds four months, unless Section 11 No. 1 AGBG provides otherwise.

4. Packaging

Packaging is charged at cost price and will not be taken back.

5. Delivery Periods

Agreed delivery periods are only approximate and are only approximately binding for us. The buyer hereby agrees in advance to a reasonable grace period. Insofar as delivery delays are caused by force majeure, this shall result in an interruption of the period in accordance with Section 208 BGB. Compliance with the delivery period is subject to correct and timely self-delivery. The buyer cannot assert any claims for damages in the event of delivery delay. Delivery delays caused by force majeure, unusability of an important work piece, operational disruptions, production interruptions as a result of labour disputes, or by the failure of timely or complete receipt of the required raw materials or semi-finished materials, or by other comparable reasons, shall not entitle the buyer to withdraw from the order or to assert claims for damages of any kind. This shall not apply insofar as this condition is mandatorily impermissible under Section 11 No. 8 AGBG. The delivery period shall commence when all documents necessary for the execution of the delivery have been received from the buyer and have been finally clarified with the buyer. Notification of readiness for dispatch shall be deemed equivalent to delivery.

6. Dispatch and Transfer of Risk

Dispatch shall in principle be at the risk of the buyer. This shall also apply if we carry out the dispatch or are obliged to bear the freight costs, whereby we may freely determine the method of dispatch and the route unless otherwise confirmed by us in writing. Goods ready for dispatch must be called off immediately. Otherwise, we shall be entitled to store them at the expense and risk of the buyer. Transport insurance shall only be provided if we have expressly confirmed this and only at the expense of the buyer.

7. Retention of Title

Ownership of the goods delivered by us shall only pass to the buyer when he has paid all of his liabilities arising from our deliveries and services. In the case of a current account, the reserved ownership shall serve as security for our balance claim. Outside of ordinary business transactions, disposal of the goods delivered by us is not permitted. Processing and treatment shall always be carried out on our behalf to the exclusion of acquisition of ownership by the processor pursuant to Section 950 BGB, however without creating any obligation on our part. If the goods are mixed, combined or processed with other items, the buyer, insofar as we have not already become co-owners of the new item in proportion to the value of the reserved goods to the value of the other goods at the time of mixing, combining or processing, hereby assigns his ownership or co-ownership or possessory right in the new entirety to us and shall hold them in custody for us. If third parties access the goods delivered by us or the new item, in particular by seizure through enforcement proceedings, the buyer shall immediately inform the third party of our ownership or our rights and notify us without delay of the access, providing or handing over any relevant documents. The buyer shall bear all costs that must be incurred to set aside the access and to recover the goods, insofar as they cannot be recovered from third parties.

The buyer's authority to dispose of the property in the ordinary course of business shall cease as soon as the buyer is in arrears with his payments. We are authorised, in the event of payment default or any other material breach of the contract by the  buyer, to demand the immediate return of the delivered goods. Insofar as the value of the reserved property or the value of the claims assigned as security exceeds the value of the claims we have against the buyer by more than 30%, the buyer shall be entitled to demand the release of the excess securities accordingly, whereby we shall decide which securities are to be released. The filing of an application for the opening of insolvency proceedings shall entitle the supplier to withdraw from the contract and to demand the immediate return of the subject matter of the delivery.

8. Terms of Payment

Our sales prices and all information, sales and calculations are in Euros. Outstanding amounts shall bear interest after the due date without prior notice at 5% above the respective rate for current account credits of our bank, unless Section 11 No. 4 AGBG applies. The accrual of interest shall not preclude the assertion of further damages for default on our part. Our invoices are payable postage-free and expense-free to one of our accounts. The acceptance of bills of exchange and cheques shall not constitute payment, only their cash redemption. Discount, bill stamp, domicile and collection charges shall be borne by the buyer. We are not obliged to present bills of exchange and cheques in a timely manner. The set-off of claims of any kind, including against assembly and repair costs, is excluded. Insofar as Section 11 No. 2 AGBG applies, rights of retention shall in any case be excluded insofar as the claim and the counterclaim do not arise from the same contractual relationship. In any case, the commercial right of retention pursuant to Section 369 HGB (German Commercial Code) is excluded.

9. Warranty

The selection of materials used is made to the best of our knowledge. The buyer is obliged to inspect the items delivered by us immediately upon receipt for defects and to notify us of any defects without delay. If he fails to give such notification, or if the goods have been consumed, mixed or sold by him, this shall be deemed unconditional approval. A complaint regarding one delivery shall not entitle the buyer to reject further deliveries from the same or another contract.

In the case of defects or absence of a warranted characteristic of the delivered goods, we shall be obliged, at our option, to repair, rescind the contract, reduce the price or provide a replacement delivery. If repair or replacement delivery fails, the buyer may, to the exclusion of all further claims of any kind and regardless of the legal basis, demand at his option rescission of the contract or reduction of the price. The warranty obligation shall lapse if unsuitable operating materials are used. As of 01 January 2002, the limitation period for defect claims is 12 months after delivery, based on single-shift operation (up to 8 hours/day). Proper operation in accordance with our operating instructions is a prerequisite. This limitation period applies to both the law of contracts for work and the law of sale. Wear parts are excluded from the warranty.

Claims for damages are excluded.

10. Liability

Liability for ordinary negligence on the part of our governing bodies, representatives and vicarious agents is excluded.

If we are in default with the fulfilment of our obligation to perform, the buyer shall only be entitled to withdraw from the contract. He shall have no claim for damages. The same shall apply if the performance to be rendered by us becomes wholly or partially impossible and we are responsible for such impossibility. We are not obliged to verify whether submitted drawings, sketches or samples infringe third-party intellectual property rights. The buyer shall be liable for patent infringements or other claims.

11. Place of Performance and Jurisdiction

The place of performance for delivery and payment is Moettingen. The exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be the court having jurisdiction over our registered office. German law shall also apply to transactions with foreign companies.

In the event that individual provisions of our terms and conditions of sale and delivery are legally invalid, the buyer undertakes to cooperate in agreeing on a substitute clause which, in compliance with the relevant statutory provisions, most closely approximates the content of the invalid clause. The invalidity of individual provisions of these contractual terms shall not affect the validity of the remaining provisions.