Conditions of Sale
1. Application of Conditions
All goods supplied by the Seller are supplied on the following terms and conditions and no variation hereof or terms inconsistent herewith shall have effect unless such variation or term is expressly accepted by the Seller in writing.
2. Price
The price acceptable for the goods shall be the price ruling at the date of despatch and applicable to the appropriate place of delivery according to the Seller's export price list. The Seller reserves the right to vary prices without notice.
3. Quality and Liability
a). The Seller warrants and undertakes that the goods shall be of sound and merchantable quality be in accordance with the Seller's specification for the time being in force in a sale by description or sample shall correspond with the description or sample, as the case may be. shall be fit for the ordinary purposes specified or set out in the Seller's published literature or instructions for use and such other purposes as the Seller may agree in writing with the Buyer.
b.) Except as stated in (a) above, and insofar as it is legally permissable to do so, all express and implied conditions and warranties, statutory or otherwise as to quality or correspondence with description or sample, or fitness for any purpose of the goods are hereby expressly excluded.
c.) The Seller hereby notifies the Buyer that the price for the goods payable here under has been determined on the basis that the Seller's liability for any breach of warranty under (a) above or for any liability arising out of any Recommendation or advice given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage application or use of the goods shall be limited at the Seller's option to (I) refund of the purchase price of the goods; or (II) replacement of the goods and the Seller's liability (so far as the law permits) shall be limited accordingly.
4. Delivery Unless otherwise agreed in writing:
a) Delivery is effected „ex works“, including packaging.
b) Delivery estimates given by the Seller are for the assistance of the Buyer, but the Seller shall be under no liability for any failure or delay in despatch or Delivery nor for any loss or damage what so ever arising there from.
c) The minimum order value is € 150,00.5.
5. Payment The price of any goods shall be paid with the order. If and for as long as the Seller is willing to supply on credit terms, the Buyer shall (unless otherwise agreed) pay the price and any other charges not later than 30 days from the date of invoice.
6. Risk and Property The risk in the goods shall pass to the Buyer upon delivery of the goods to any carrier nominated by the Buyer. The ownership in the goods shall pass to the Buy
7. Damage and Loss No claim shall be maintainable by the Buyer against the Seller for loss of or damage to the goodser upon payment of all monies owing to the Seller by the Buyer on goods account or any other account whatsoever. Until such payment the goods may be sold or used by the Buyer in the ordinary course of its business, but without prejudice to the Seller's right to maintain an action for the price, shall be held by the Buyer together with the proceeds of any sale of any of the goods sold by the Buyer on trust for the Seller.
8. Force Majeure Neither the Seller nor the Buyer shall be responsible for any failure to fulfil any term of this Agreement if fulfilment has been delayed, hindered or prevented by any cirmumstances whatsoever which is not within the control of the Seller or the Buyer as the case may be or by shortage of supplies required for or in connection with the manufacture of the goods or by compliance with any order or request of any national port, local or other authority. If the Seller is at any time delayed or hindered in delivering or so prevented from delivering the quantity which is deliverable under contract with the Buyer and at the same time maintaining in full its other business in the goods, the Seller shall be at liberty to withhold, suspend, or reduce deliveries to such extent as the Seller in its discretion may think fit and reasonable and shall not be bound to acquire by purchase or otherwise additional quantities from the suppliers.
9. Applicable Law German law shall apply and any dispute shall be settled in the Geman courts.