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Hydrometers, Glass Instruments, Lactometer & Thermometer

Max-Eyth-Strasse 6
DE 34369 Hofgeismar
Terms of delivery

I General terms

These general terms of business will be valid for all agreements with customers-also for future agreements; other conditions or arrangements, especially terms of business of the customers, can only be referred to by the customers if these terms are acknowledged by us immediately. The language for all agreements is German. Our offers are subject to confirmation. Technological imporements of our products are subject to alterations. Data necessary for carrying out the contract are stored in our EDV.Offsetting by the customers or enforcement of the right to keep goods back are only permissible with indisputable or legally valid counterdemands. The following surcharges have to be invoiced on orders for small quantities:

1  -  2  pcs.  + 60 %  standard types
3  -  5  pcs.  + 40 %  standard types
6  -  9  pcs.  + 20 %  standard types
1  –  2    pcs.  + 100 %  special designs
3  –  5    pcs.  +   60 %  special designs
6  –  10  pcs.  +   40 %  special designs
11 –  20  pcs.  +   20 %  special designs

II Delivery

Place of fulfilment is Hofgeismar.  The risk passes to the customers as soon as the consignment has left our factory. German law is applicable without the possibility of recourse to UN-law for purchasing.

III Delivery periods, Delays

Delivery periods agree upon start after receipt of our order acknowledgements by the customers, how ever at the earliest after all permints, documents etc. to be supplied by the customers will have been received by us, or after all technical questions to be clarified will have been setlled. Delivery delays of two weeks will not have any legal consequences. By acts of God, strikes, lockouts, internal disturbances in our factory, lack of rawmaterial, delivery difficulties of our suppliers or by additional wishes or changes of the proposals concerning the production, the delivery periodswill be prolonged accordingly. We can neither be held responsible for the circumstances mentioned before, it they occur when a delay is already existing. As concerns the liability om our part, it is restricted to firm intention and culpable negligence. In principle, there is only a delay after receipt of a written reminder from the customers. Liability for damages caused by delays in delivery is limited to 20% of the value of the merchandise.

IV Prices, Terms of Payment

Our prices are to be understood ex works, plus sales tax. Costs for transport, freight and insurance have to be paid by the customers. Our invoices are payable net within 30 days. If payment is made within a period of 14 days after the date of invoice we will grant a discount of 2 % of the invoice amount. In the case of a return delivery of faultless goods which was agreed upon we are forced to invoice handling costs amounting to 20 % of the value of the invoice (minimum 10 €) If our customers are in delay concerning payment, all our demands are payable immediately and there is no obligation on our part for the supplied according to current delivery contracts. This is also applicable, if drafts or checks are not honoured, if payment by standing order or collection is dishonoured, if the customers are not able to pay or in the case of their insolvency. We explicitly reserve the right to balance our demands with your demands, even before the date of settlement.

V Reservation of proprietary rights, assignment in advance

Goods supplied remain our property until payment of all our claims has fully been effected. The customers must not use Reserved goods or join them to other goods where there are rights  of third persons. If goods reserved are combined with other merchandise and form new articles, we will  become joint proprietors proportionally. Our joint property will be in accordance with the relation of the invoice value of the reserved goods to the value of the new article at the time of connection. Resale of reserved goods with in the frame of normal business activities will only be allowed if rights to the resale have not been transferred or mortgaged in any way. The customers will in advance for security reasons, entitle us to claims resulting for the resale of reserved goods and /or of newly formed articles up to the amount of our invoice for the reserved goods. As far as the customers are not in delay of payment for the reserved goods they may cash in the debts within the frame of a proper business transaction. The proportionate proceeds may, however, only be used for payment of the reserved goods to us. Customers must inform us without delay in case of seizure or confiscation of the reserved goods or goods of joint property or in case of disposals by third parties. If there is a delay in payment seizure or impounding of the reserved goods or if these goods are connected or mixed up with other goods or if  they are resold we have the right  to  withdraw from the contract, to demand return of the reserved goods from the customers and to  cash in transferred claims ourselves. In order to observe our rights we are entitled to commission a competent person bound to secrecy to look in the customers documents books.

VI Guarantee

Quality, durability and use of the merchandise supplied by us must exclusively comply with the specifications, the descriptions of the product and / or the operating instructions. Other details, especially from previous negotiations, advertising and / or those referring to industrial standards will only become part of the contract if explicitly agreed upon in writing. We are not legally liable for damages resulting for the fact that customers use the products for other purposes than intended for by agreement in writing of descriptions of the products. As concerns directions of the customers regarded as necessary for material and construction, we are not liable for suitability of the material  wanted or constructions. With types of products being not suitable for official testing differences within the limits of double calibration mistakes are still up to the conditions stipulated in the contract. Liability for damages caused by improper treatment, use, maintenance and operations of the products supplied or for consequences of normal wear and tear of parts subject to wear and tear as well/as breaking of parts made of glass and ceramics, for consequences of chemical, electrochemical or electric influences owing to non-observance of the operating instructions is excluded. Claims for faults come under the statute of limitations after a year if law does not necessarily stipulate longer periods. Immediately on receipt of the goods the customers have to examine them carefully – also concerning safety of the products. If there are obvious faults, a claim has to be made in writing at once. Hidden faults must be notified immediately after their detection. Damages during transport have to be declared with the forwarding agents or bringer at once. If the regulations concerning examination and information of faults in writing are not observed, claims for substitutes concerning articles and property in the case of firm intention or culpable negligence. We are only responsible for articles and property not incurred with the goods supplied them selves, if the customers point out in writing before the conclusion of the contract that there are possible dangers and if we accept a special liability in writing with regard to these dangers. So our liability is limited to typical damages which may possibly incur, as far as we can judge at the time when the contract is concluded. In the case we are instructed by the customers to have the goods officially tested we exclude a liability for faults or mistakes concerning the testing. The guarantee period for products delivered at a later date ends at the expiry date stipulated for the originally supplied goods. The limited liability is also valid as far as the responsibility for fulfilment assistants, legitimate representatives or executives in concerned. It is also valid for the personal liability of our employees, collaborators, representatives and fulfilment assistants.

VIII Rights of possession, rights for commercial protection, secrecy

We reserve possession and all commercial rights for protection and copy for moulds, tools or other devices, samples, illustrations as well as commercial and technical document5s produced or supplied by us; even if the customers paid for the costs. The customers are not allowed to produce the articles mentioned in the contract them selves or to have the produced without our consent in writing. If we supply goods produced according to drawings, models and patterns which were given to us by the customers, the customers are responsible for the fact that commercial rights for protection and other rights of third parties will not be violated by their manufacture and delivery. The customers are bound to keep secret knowledge attained by the business connection with us and knowledge which is not obvious, with regard to third parties.

IX Consumer contracts

The above-mentioned conditions for contracts with consumers are valid, as far as nothing else has been agreed, as follows:

1) Conclusion of a contract

The order signed by the customers is a definite offer which can be accepted within two weeks by sending an acknowledgement of order or by delivering the goods ordered.

2) Guarantee
We must be notified in writing by the customers within a period of four weeks after delivery, as concerns obvious faults.  The customers have the choice to demand repair or they are entitled to delivery of a new article as compensation. The kind of compensation chosen by the customers can be rejected if the costs are disproportionately high or if the other way of compensation is without considerable disadvantages for the customers. During the period of compensation with draw al and reduction of the selling price are excluded. Repair is to be regarded as having failed after the second unsuccessful attempt. Compensation because of defects can only be claimed after a refused or unsuccessful repair. Liability for damages of life and limb as well as for damages included in the law concerning liability for products resulting form violation of contracts is restricted to wilful action and culpable negligence. As far as quality and /or durability are guaranteed, we are responsible within the frame of this guarantee. We are only responsible for damages resulting from the lack of guaranteed durability or quality but by which the goods are not affected directly, if the risk of such a damage is obviously included in the guarantee of quality and durability. A liability for minor negligence will only be accepted if the violation concerns a cardinal duty, bur only in so far as the damages are in a typical way in relation to the contract and foreseeable. More over liability for minor negligence is excluded. The limited liability is also applicable in so far as the liability for fulfilment assistants, legitimate representatives or executives is concerned. It is also to be applied to the personal liability of our employees, collaborators, representatives and fulfilment assistants. The period of guarantee is two years after transition of the goods to the customers risks.

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