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General trading conditions
(Date: 01.01.2007) 1. Validity of these conditions To all supplies, achievements as well as offers excluding our following terms of sale apply. ARTS OF ELEMENTS appears in following the terms of payment and supply as a salesman. Deviations from these terms of payment and supply have validity only if them on the front of the confirmation of order specified and from a salesman for this authorized representatives are signed, or otherwise with the signatures by representatives both the buyer and the salesman are held in writing. With discrepancies with the general trading conditions of the buyer, arising if necessary, the terms of payment and supply of the salesman apply. We recognize opposing one or of our terms of sale deviating regulations of the buyer not on, it is, we their validity expressly and in writing would have agreed. Our terms of sale apply, even if we implement the supply in knowledge of opposing or deviating conditions of the buyer unreservedly. 2. Offer and order acceptance The offers, cost estimates and other documents of the salesman are not-binding. All prices understand themselves in euro excluding value added tax. The sales contract comes off with the transmittal of a confirmation of order at the latest at the customers, or absence a the same with the execution of the order. In place of a written ARTS OF ELEMENTS can give a calculation of appropriate contents. At all technical information (designs, computations, construction suggestions) we reserve ourselves the property and copyright. Without consent by ARTS OF ELEMENTS these documents may not be otherwise used, not copied in particular or not made accessible third. 3. Prices The salesman reserves himself the right to price increases, except it expressly fixed prices with limited period of validity by contract or confirmation of order was specified or the supply specified or the supply retards around more than 4 months for reasons, which the salesman has to represent. It applies the price of the day of delivery ex factory. All prices understand themselves excluding value added tax and other fees. In the contract between the parties or from the orderer can ARTS OF ELEMENTS agreed upon later wished additional service additionally charge for. Credit itself after conclusion of a contract the material -, wage or other costs, the basis of the price structuring been are justified, this ARTS OF ELEMENTS to a price adjustment. 4. Supplies and achievements Dates of delivery or times for delivery are obligatory only if they were agreed upon or confirmed in writing after conclusion of a contract by ARTS OF ELEMENTS. The adherence to our delivery obligation presupposes the far legal and normal fulfilment of the obligation of the orderer. The objection of the not-fulfilled contract remains reserving. Agreed upon or of kind OF of element confirmed dates of delivery or times for delivery become however noncommittal, if the order giver agrees upon additions and changes at the contractual item to a later time with ARTS OF ELEMENTS. ARTS OF ELEMENTS is however in these cases obligated to designate to the buyer a new date of delivery. As far as ARTS OF ELEMENTS agrees upon not expressly a delivery time, all data apply on the basis the force higher when ordering admitted conditions only approximately, the indication of delivery time effected after best knowledge, but noncommittal war, operational disturbances, strike, lockout, scarcity of raw materials and energy, obstructions of traffic, orders of high hand as well as all cases, also with suppliers of the salesman release to the duration of the disturbance and to the extent of their effects on the met agreement, the salesman from any obligation to the supply. In these cases requirements of the buyer from cancellation of the contract or from delay separate. If the salesman intends to appoint itself to a failure to deliver, he must inform the buyer without unfounded delay over kind, a cause and vorrausichtliche duration of the delay. If the punctual supply comes due to the circumstances specified above temporarily into delay, the delivery time shifts according to the stoerungsdauer. Supplies with such shifted delivery times are regarded in each regard as punctual, if the salesman accomplishes them immediately after omission of the trouble. Both salesmen and buyers are however, in the case of such lieferverzoegerungen to quit before beginning of the supply entitled, the contracting party by written reports the agreement if the delay brings substantial economic losses with the concerning with itself. Due to notices if costs arise for the salesman, is the buyer obligates these costs to settle. Kind OF of element is expressly justified to partial deliveries. The full utilization of the load weight and/or the carrying capacity reserves itself ARTS OF ELEMENTS. Distribution desires are considered, are not considered however not as obligatory. If no receiver is present to the agreed upon point of delivery time at the address indicated by the orderer, ARTS OF ELEMENTS is justified to unload the commodity to own choice either at the place of delivery or to transport it again back. The buyer bears developing cost to the salesman thereby. The buyer carries Anna from the time of the hmeverzuges to the risk of the coincidental fall of the commodity. On the delivery note if the supply is acknowledged, then this receipt applies against the receiver, it is, it proves the missing receipt authorization of the acknowledging. If the buyer comes into delay of the acceptance or if it hurts imprisonment for debt other obligations to cooperate, then ARTS OF ELEMENTS is justified to require it damage including any multi-expenditures, developed to that extent, replaced. The promise is for ARTS OF ELEMENTS binding only if the supply is possible without danger for means of transport and commodity as well as without additional waiting periods. If the delivery is date-exactly agreed upon, the orderer turns out by the do not assume delay of the acceptance and is ARTS OF ELEMENTS for substitution of extra costs, in particular for transport, resulted from the do not assume, keeping, preservation and commits to waiting periods. In addition the buyer from the time of the failure to deliver carries to the risk of the coincidental fall of the commodity. During storage of the goods in the enterprise of the salesman the storage costs are computed after the same tariffs, how are usually charged for by commercial camp company for the storage of foreign goods. The salesman is not obligated to unload the commodity at the place of destination or in it be helpful. This applies also to drivers of transport enterprises, which the salesman assigns the supply. As far as coworkers of ARTS OF ELEMENTS participate in unloading and/or storing, these act on risk of the buyer and not as executing aides of ARTS OF ELEMENTS. ARTS OF ELEMENTS is not responsible in particular for damage, which causes coworkers of ARTS OF ELEMENTS negligently. 5. Passage of the risk The achievement place is - also in the case of supply "freely place of destination" - the contractually in each case agreed upon loading point. The dispatch takes place on danger of the buyer, even if the salesman carries the transport costs. The danger turns into with the normal loading into means of transport on the buyer. If the buyer self-service selects, the danger with the normal segregation and supply turns into for the collection and loading of the commodity on the buyer. If the buyer wishes it, ARTS OF ELEMENTS will cover the supply up by a transport insurance, bears the cost resulting to that extent the buyer. Objections because of transport damages must take place immediately via note on delivery note/parts list or waybill, and requirements are direct, in relation to the transport enterprise within the legally planned periods or the commercial, branchenueblichen o.ae. Periods to make valid. 6. Technical information Declared values with technical information are to be understood as average values, it is, other one is specified. The salesman remain such deviations reserving, like them despite usual care on production of the commodity or with determination of the values not possibly, or to avoid only with difficulty are. Consultation on the part of the salesman, in view to the technical application of the products, takes place due to the research and experience of the salesman and is noncommittal. All data and information about suitability and application are pointing the way and do not exempt the buyer not from own examinations and attempts. For the attention of and official laws when using our products the buyer is responsible. 7. Complaints The buyer is obligated with goods receipt to the goods examination. The commodity is to be examined by the receiver with receipt immediately and quantitative and qualitative deviations as well as obvious lack is immediately to ruegen. Lack objections such as false supplies, which are determined by the buyer during the goods examination, must take place immediately and always without unfounded delays. Otherwise the buyer cannot appoint itself to the lack in the sense of an injury of the sales contract. With punctual objection the salesman is entitled the false lack to deliver subsequently as well as in the case of lack of quality or false supply the product exchange. If the salesman intends no new supply or subsequent delivery of the product, or is further unsatisfactory the product in the case of new supply, the salesman grants an appropriate discount to the buyer, or takes the product back, if it is useless for the buyer. A any goods return should be according to schedule co-ordinated with the salesman. Any warranty claims against ARTS OF ELEMENTS are entitled only to the buyer and are not not transferable. 8. Adhesion of the salesman With actual lack, product damage, and failure to deliver the salesman clings then only if lack, damage or failure to deliver, demonstrably on error or omissions of the salesman developed roughly negligently, or whose leading employees are to be led back. The salesman has responsibility time delay, profit loss or the like for lack damages, like working loss, not. If product liability is imposed upon to the salesman opposite third, is the buyer obligates the salesman to appropriate extent to compensate in accordance with adhesion of the salesman according to available regulations. 9. Terms of payment The terms of payment of the salesman valid at the day of delivery are determining. If the buyer comes into delay of payment, it is obligated to the payment of interests after valid in each case the interest set with the salesman. The interests are of claims of the salesman to the buyer, regarding further losses the one disregard of the payment obligation by the buyer with itself brought, independently. Entitled complaints due to substantial lack do not free the buyer from the adherence to the terms of payment, at least however at height of the faultless commodity. As well as the set-off with denied requirements or counterclaims, those not by valid judgement or comparison was entgueltig determined the asserting of rights of lien or retention of the purchase sum, can take place only with written agreement of the salesman. With doubts about the payment possibility of the buyer as well as with payment in arrear the salesman is entitled to demand as condition for supply and other agreements, pre-payments or collateral for both purged assets and assets due to met agreements. Furthermore all and computed, in addition, supplied and yet not computed supply already supplied becomes immediately due - independently different phrased one preceding agreement - for payment. During default of the contract by the buyer the salesman is for adjustment further supplies as well as entitled for the revocation of granted dates of payment for these and other supplies. A departure of discount payment or every other modes of payment requires special written agreement. 10. Retention of title The salesman remains the vested title at the supplied commodity reserving to the entire purchase price, together with interest, additional costs in full height among other things is paid. Changes, cheque or orders to pay are considered only then as performed payment if they are redeemed in full amount. The salesman reserves himself the right to the goods introduction, if the payment period is exceeded. If the products of the salesman are resold or processed, the buyer retires his demands up to height of the still which is open purchase price on the salesman, hereby developed. 11. Place of delivery and area of jurisdiction Place of delivery is the place of the supplier of the salesman. For disputes from the closed contracts area of jurisdiction is Gelsenkirchen. To these terms of sale, as well as to the entire legal relations between buyers and salesmen, the right of the Federal Republic of Germany applies. In the case of the inefficacy of one of these regulations this does not affect the effectiveness of the remaining regulations. Gelsenkirchen, 01.01.2007 Date Januar 2007
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