1. Recognition of the terms of delivery
All agreements come under the following conditions; terms and conditions of the customer that may deviate from these, and which are not specifically recognised by us in writing, are not binding.
Contracts are first entered upon, when the written confirmation of the supplier is received. Supplements, amendments and further agreements require the confirmation in written form for them to be legally binding.
3. Correction proofs
With the declaration of the purchaser of the release of the correction proof for the goods to be produced, of the drawings or failure samples, or the waiver of the customer of a draft original or the accountable striking of the period for the return of the correction proof pp, the responsibility of the possible mistakes are carried by the customer, unless it is concerning mistakes, which occur in the subsequent manufacture of the goods or have been recognised by the supplier.
4. Rights of third parties
The customer indemnifies the supplier from all possible claims, in the case that the delivery of signs according to drawings, samples or other customer specifications, would be a breach of rights of a third party.
|a)||The delivery time is only an approximate agreement, unless it has been agreed in writing as binding. It begins with the day of the dispatch of the order confirmation and is considered fulfilled when the goods have been dispatched from our warehouse or factory, or in case of inability to dispatch, the readiness for collection is notified to the customer. In the case of delay in delivery a reasonable notification term is to be set.|
|b)||In the case of later amendment to the order by the customer, which may influence the delivery time, an reasonable extension of the delivery time will be granted.|
|c)||Goods that are for call off orders are to be accepted. Should the ordered quantity not be accepted within the notified period, then the supplier is entitled, after setting a reasonable term, to either deliver and invoice the entire ordered quantity, and so the total for the ordered quantity is due for payment, or may decline to deliver and demand compensation for default on contract|
|d)||In case the supplier is prevented from delivering the goods, due to exceptional non-foreseeable circumstances, whether they occur at his own premises or those of the customer, and despite applying all reasonable diligence, especially interventions of the authorities, operational disruptions, labour unrest, and the results of strikes, delays in the delivery of important raw materials or auxiliary materials, so the term for delivery shall be extended to a reasonable extent. Should the delivery of the goods or service be prevented by these mentioned causes, then the supplier will be released from his obligations, without the customer having withdrawn his order or being entitled to claim for damages. Should the same mentioned circumstances prevent the customer, then the same rights apply to his rights of acceptance. Both parties of the contract are obliged to immediately inform each other of circumstances of the above kind.|
|e)||In the case of delay to delivery the supplier must set a term for later delivery of reasonable period of 4 weeks.|
|a)||The dispatch is executed ex works, unless another agreement has been made. The manner of dispatch is at the discretion of the supplier.|
|b)||If dispatch is by train, the dispatch is made from the train station nearest the works of the supplier otherwise ex works and always at the risk of the customer. This applies also when the delivery is executed, in lieu of a special agreement, by way of the suppliers own vehicle.|
|c)||The delivery of the orders is executed completely or in larger batches as they are produced. The supplier is entitled to make partial deliveries. Over delivery or short delivery of up to 10% is customary in the branch and does not entitle the customer to raise complaints, in as far as it can be expected of him to accept.|
|d)||Packaging is sold at the cost price for the supplier. Only cases, when they are in re-useable condition, can be returned to the supplier freight and expenses free and they will be credited with 2/3 of the entitled value to the customer.|
7. Tooling costs
Tool costs are mostly only partially charged to the customer and they do not entitle him to ownership. In certain cases of full charging for them, the right of ownership can be demanded by the customer to be transferred to him after a period of 2 years after the issuing his order.
Prices are in principal net and are valid ex-works plus the valid legal value added tax. Packaging is calculated separately.
9. Terms of Payment
|a)||All invoices are due for payment immediately without deductions.|
|b)||Bills of exchange and checks are only considered as payment when they are honoured. They are only received as an indication of intention to pay, bills of exchange only when agreed upon in advance and when they are discountable. Discount charges are calculated from the date of due payment. No guarantee can be given for the correct presentation of bills of exchange or for the protest for them.|
|c)||Should through a substantial deterioration of the financial position of the customer a situation occur that might endanger the payment for the goods to be delivered by the supplier, he can demand a prepayment or a security for payment within a reasonable term or may withhold fulfilment on his part until his demands are fully satisfied. Should the customer refuse and at the end of the reasonable term not comply, then the supplier is entitled to withdraw from the contract or demand compensation for non fulfilment.|
|d)||The customer can only reckon with counter claims to the extent that these are recognised by the supplier or by a court of law.|