Quotation
& Acceptance of Orders:
Our quotations are always without obligation.
Agreement and arrangement made orally or by telephone
with our representatives become legally valid
only if approved in writing by us. Deviations
in the orders placed by the purchaser from our
terms of delivery and payment shall not be binding
for us if we have not expressed our consent in
writing. We shall be permitted expressly and in
all cases to correct eventual errors in offers
and invoices at a later point in time.
Shipment:
The goods shall always, regardless of route and
transportation means, be shipped to the place
of destination at the risk of the purchaser. Traffic
duties, if not accruing to us in the case of freight
paid FOB and CIF deliveries, shall be borne by
the purchaser unless, due to statutory regulations,
the seller must bear traffic duties alone. We
shall assume obligation neither for punctual transport
nor for full utilization of the capacity of the
means of transport.
Payment:
If upon completion of a transaction no other conditions
of payment have been stipulated in writing, our
invoices shall be payable net after 30 days. Should
we subsequently learn of adverse circumstances
regarding the credit standing of a purchaser,
we shall be entitled to cancel the contract even
after partial fulfillment or to defer our performances
until consideration is executed or security be
provided for such consideration. Should the described
circumstances arise for the purchaser or acceptors
during the currency of a check or bill of exchange,
we shall be entitled to return the check or bill
of exchange at any point in time. In such case,
we shall also be entitled to demand immediate
payment in cash of deferred accounts receivable.
Seizures or any other risk to our ownership shall
be reported to us immediately.
Right of Cancellation:
Unforeseen events shall exclude indemnity claims
and shall entitle us to cancel the contract entirely
or partially. We shall also be entitled to cancellation
of contract on the mutual understanding for other
reasons, which seriously obstruct or hamper the
execution of the contract. The concept of unforeseen
events includes in particular war, blockade, strikes,
embargo on export or import, fire breakdown, lack
of coal, raw materials or operating machines/materials
etc. |
