1. Validity of the Conditions
Conditions of the buyer which deviate from our confirmation of sale and our General Terms of Trade or which are not contained herein are regarded as inadmissible.
2. Quality
The supplying of samples or specimens takes place only for the purpose of a standard description of the product in respect of its average nature and quality. Analysis specifications stated by us represent merely approximate standard or average values. The properties of the samples and specimens and of the analysis specifications do not hold as contractually guaranteed.
3. Prices and Payment
The specified prices are net prices in addition to which the statutory value added tax is payable. The buyer bears any duties unknown at the time of closing the contract or subsequently introduced, customs duties, import and/or export taxes and other additional charges as well as increase of such additional charges as were unforeseeable on conclusion of the contract, also subsequent extraordinary changes in freight rates or rates of exchange and any congestion surcharges imposed in cases of port congestion. The buyer is not entitled to set off any counterclaims against our demands for payment or to exercise a lien on the goods unless these counterclaims are undisputed or have been found legally binding for us.
4. Risk of Loss
In cases of collection by the customer ex supply plant or ex store the buyer bears the risk from the time at which the goods leave the plant or store. In cases where the goods are forwarded, the buyer bears the risk from the time at which the goods are transferred to the carrier or other person or place destined to arrange carriage; this applies to both carriage-free and Franco transactions. The latest edition of the International Regulations for Interpretation of Trade Terms - INCOTERMS - is further valid.
5. Obligation to supply
Our sales are subject to proper and punctual self supply and to the granting of export licenses necessary for delivery to and from us. In case of trouble,delay or failure in delivery as a result of circumstances and events which could not be foreseen by us and for which we are not responsible, we retain the right to postpone delivery for as suitable period in relation to the duration of the delay or to terminate the contract wholly or in part in respect of the delivery obligation concerned. The buyer is not entitled to claim compensation from us unless we or a vicarious agent are guilty of gross or wilful negligence.
6. Guarantee
On due notification of justified cases on faultiness of the goods we have the option, after return of the faulty goods, of supplying substitute goods as stipulated in the contract or of reimbursing the buyer the paid price. The buyer for his part is not entitled to return goods found faulty nor to redhibition without our written consent, unless substitute goods supplied by us in response to a complaint have proved faulty after a renewed punctual complaint has been made. Any guarantee with regard to compensation or compensation for consequential damages due to the fault, on whatsoever legal grounds is precluded, unless an element of §463 BGB (Civil code)is fulfilled.
7. Retention of ownership
The goods supplied remain our absolute property until full settlement has been made of the purchase price, refund and additional claims for the goods supplied and all further existing claims for payment including such as arise within the duration of our retention of ownership against the buyer arising from the respective business and legal relationship between us and the buyer
8. Legal Domicile and Applicable Law
Hamburg or the general legal domicile of the buyer is stipulated at our discretion as legal domicile for any legal disputes. Law as valid in the Federal Republic of Germany is further applicable. Application of standard Law on the International Purchase of Movable Articles (EKG) and on the conclusion of International Purchase Contracts concerning Movable Articles (EAG) each as of 17.7.1983 is hereby precluded.
