General terms and conditions 08/2010 I. General 1. Our supplies and achievements exclusively take place due to the following terms of sale, if they are amended or are not excluded not with our written agreement. 2. This is valid also for all future business, even if we do not refer again to the conditions. 3. If one of the following conditions should be totally or partly invalid, then that draws not the invalidity of the remaining ones. 4. Sent samples are always noncommittal opinion samples, as far as they are called failure samples not expressly. 5. For small color differences we cannot take over adhesion; all quantity, color and declarations of weight understand themselves by the commercial tolerances. Calculations and surface/quantity from us made, computations take place without guarantee. II. Offer 1. Our offers are without obligation; a contract comes off only by our written or before-pressed confirmation of order or if orders were implemented by us. 2. Our offers are valid 3 months according to offer supply. III. Price and calculation 1. For the computation the outlet weight determined by us and the valid prices are determining in â‚Ź, if not expressly something else one agreed upon in writing. 2. The value added tax is placed in the legally in each case specified height separately in calculation. 3. On special attitudes of standard articles we raise an addition up to 30 kg from 15.00 euros overall, starting from 30 kg raise we an addition from 0,50 Euro/kg IV. Shipment 1. Supply is valid ex factory; starting from 100 kg net freight weight freight-free and/or freely border, as far as differently does not agree. 2. When desired and danger of the customer we dispatch the commodity; we determine mode of shipment, transit period and carrier. The danger changes into all cases with sending off of the commodity on the customer. 3. For transport difficulties, as well as all outside of the influence, foreseeability and control of the supplier of lying events and facts, we do not take over adhesion. 4. When desired the buyer take over we adjustment of damages with the transportation carrier. For this we need shipping papers with damage note and declaration of acknowledgement. V. a.) Delivery date, delayed delivery 1. We are entitled to supply and compute the ordered quantities and weights with an over or an under-delivery up to 10% without further written or verbal arrangement. 2. If an agreed upon date of delivery is exceeded or if an other contractual obligation by us is not in time fulfilled, the customer an appropriate respite has to set us. This respite amounts to min. 4 weeks counted starting from the original date of delivery. 3. If the supply does not take place up to the expiration of the respite and if the customer wants to make from there from his right to the cancellation of the contract use or to require compensation instead of the achievement, it is obligated to indicate to us this in writing before under setting a further appropriate respite under request to the supply or achievement. The customer is obligated to explain on our demand within an appropriate period whether it withdraws because of the delay of the supply or achievement from the contract and/or instead of the achievement requires or on the supply insists compensation. b.) Act of nature With higher force our supply and obligations to perform for the period extend, for which the achievement disturbance which can be represented from us to does not continue. The same is valid during scarcity of raw materials or energy, labor disputes, official orders, traffic or operational disturbance or if co- suppliers do not supply us because of the events of higher force or for the aforementioned reasons not, in time or incorrectly. VI. Payment 1. All times fixed for payment begin with the invoice date. 2. Calculations are due within 30 days after invoice date without departure. During payments within 14 days, we grants 2% discount. Large dates of payment require express agreement. 3. Calculations up to 50, - â‚Ź are immediately and without discount payment due. 4. During transfer as well as with cheque payments the reservationless credit note on our account is only valid as payment. 5. During late payment interests, at least at a value of 3% over the respective Federal Bank rate of discount, are brought in deduction. 6. Or we receive unsatisfactory information to equipment of the buyers with a payment in delay over its solvency, then we can require the immediate payment of all, also the not yet due demands and deferred amounts or appropriate security.
VII. Notice of defects and liability 1. Objections regarding kind, quality and quantity of the supply can be made valid only within 14 days. 2. Hidden lack is to be made immediately after their statement valid, at the latest within the valid legal regulations in the case of supply. 3. There is only requirement on transformation or replacement. Reduction as well as the replacement of the direct or indirect damage is, so far legally permissible, impossible. 4. No warranty for defects taken over for damage, which results from unsuitable or inappropriate use of our products, or if dilution, hardeners or other additives are added to our commodity, which were referred not by us or were not recommended from us to the use. 5. For foreign manufactured products our adhesion is limited to the transfer of the requirements against the manufacturer, as far as the lack does not lie in our area of responsibility. 6. Our application technology recommendations in word and writing, which are given for the support of the buyer/processing plant due to available experiences after best knowledge according to the present knowledge level in science and practice, are noncommittal and justify no contractual right relationship and no additional obligation from the sales contract. They do not relieve the buyer to examine the products for your suitability for the intended intended purpose within own responsibility. 7. A guarantee for the painting manufactured with the supplied painting material cannot be taken over, since we do not have influence on appropriate processing. VIII. Prescription Guarantee, compensation and requirements for expenditure allowance of the customer are subject to the valid legal period of limitation in the case of supply. The aforementioned periods of limitation are not valid, if we acted deliberately or so far we are responsible in case of the injury of the life, the body or the health or for damage to privately used things after the product liability law or for other reasons. IX. a.) Retention of title 1. Supplies exclusively take place under retention of title. 2. The supplied commodity remains our property up to the complete payment of ours all demands. As long as the retention of title exists, with treatment and processing of the reservation commodity property at the thing resulting from it, in the relationship of the reservation commodity to the value of the new thing for the time and of the processing is entitled to us. 3. The buyer may sell our reservation commodity only in the usual course of business and only so long he not in delay of payment is. For other orders, e.g. Transfer by way of security, he is entitled. The demands of the buyer from a far sale of our reservation commodity are retired already now at height of the invoice amount up to the reconciliation of our demands. 4. We are obligated to that extent to release to us being entitled safety devices on demands when they exceed the open demands which can be secured around more than 20%. 5. From a seizing or other impairment by third the buyer must inform us immediately. 6. With endangerment of our requirements for purchase price an immediate cancelling of the commodity standing under retention of title is entitled to us. b.) Non-assignment clause Without on retiring our previous written agreement it is forbidden to the customer, particulars or all rights and obligations from the present Treaty third. X. a.) Confidential information As confidentially marked information, which admits to the customer in the framework of the business relation become, this becomes treat confidentially. They may not be revealed without written agreement by us third and/or made accessible. b.) Data privacy Data of the customer are stored and processed by us, as far as this is necessary for the normal completion of the contractual relations. To this extent the customer gives already his agreement. XI. Place of execution 1. Place of delivery for supply and payment is Endingen at the emperor chair. 2. As area of jurisdiction excluding the courts responsible for Endingen at the emperor chair are agreed upon. 3. Between the Contracting Parties the German domestic right valid in the Federal Republic of Germany is valid.