GENERAL TERMS AND CONDITIONS OF SALE, DELIVERY AND PAYMENT I. TERMS AND CONDITIONS OF SALE AND DELIVERY 1. The placing of an order implies the customer’s compulsory notification of the general Terms of Sale, Delivery and Payment as well as its unconditional valid acceptance, even as if the terms are contradictory to the customer’s general and special conditions of purchase. Other conditions shall only be binding with a prior written acceptance. 2. An order only becomes definitive within three days after receipt of delivery without our refusal. We are never bound to accept an order and refusals do not request motivation. 3. Orders without explicitly fixed prices are charged at tariff price being valid at the moment of delivery. New price lists automatically substitute all former ones. All prices are indicated excluding TAV, unless stated otherwise. 4. Orders referring to offers are valid providing that they have been placed within the validity period of the offer. Offers are valid for a period of two months from receipt of offer, unless stated otherwise. 5. In case of cancellation of the order by the contracting party, the party will be automatically, legally and without former declaration of default liable to pay a fixed and invariable compensation of 25 % of the order amount, due to breach of contract. 6. Delivered goods are not taken back and additional orders under the same or other conditions can not be guaranteed. 7. Allowed discounts never give cause to acquired rights. We have the right to decide whether we allow discounts for every order or not. 8. Delivery dates quoted are indicative. Unless clearly stipulated otherwise, the buyer can not appeal to non-observance of the delivery date in order to require compensation or cancellation of the purchase/sale. 9. Goods travel at buyer’s risk and peril, even if the transport is free of charge. 10. All complaints concerning delivered goods have to occur within three calendar days of the delivery date, accompanied by a covering letter and under penalty of nullity. No more complaints will be accepted and goods will be considered accepted without reservations after this expiration period. No single complaint, even not expressed within a period of 8 calendar days after delivery, will be admissible if delivered goods are subject to acts and if reference materials are no longer available. 11. We are not responsible for direct or indirect, physical or material damage due to improper use of goods. 12. All information concerning the use of products, technical documentation, suggestions, advices or other information that is granted to the buyer, before or after the order’s placement, is done without guarantee. It is the buyer’s responsibility to check whether it is suitable for the intended purpose or whether it can be applied in right circumstances. 13. If the buyer’s faith in creditworthiness is shaken due to acts of judicial execution against the buyer and/or due to other provable events enabling and/or casting doubt upon faith in the right execution of the buyer’s commitments, we reserve the right, even if the goods have been wholly or partly dispatched, to suspend the entire or partial order and to claim suitable guarantees of the buyer. Refusal from the buyer reserves the right to cancel the entire or partial order. This does not reduce our rights to all forms of compensation and interests. NEXT >