1. Basic RemarksAll deliveries are effected solely on the basis of the conditions of sale and delivery contained herein.
All deliveries are ex works, with an added charge for handling and packaging. For deliveries in Germany a flat-rate handling and packaging charge of €8.50 is levied. The seller shall deliver the goods to the point of destination at own risk. Partial deliveries are permissible.
The seller shall adhere to the delivery time agreed upon to the extent possible. In the event of Seller-faulted delay of delivery, the Purchaser shall be entitled to withdraw from the agreement or demand damages on grounds of non-performance only if the Purchaser has previously set the Seller an appropriate period of grace under threat of refusal to accept performance. The delivery deadline shall be appropriately extended in the event of delayed delivery through no fault of the Seller.
In particular, the Seller is not at fault for delayed delivery due to intervention on the part of a public agency or authority, a shortage of the requisite raw materials and supplies, strike, lockout, late delivery on the part of the Seller’s suppliers or force majeure. Delivery incapability on the part of the Seller’s suppliers shall exonerate the Seller from the duty to deliver.
Payment for deliveries in Germany shall be effected net within ninety days of receipt of the invoice or after issue of the credit note on the next Continental payment date following thereafter. For deliveries outside of Germany, payment shall be effected net within thirty days of receipt of the invoice on the next Continental payment date following thereafter.
In the event that the goods delivered by the Seller exhibit obvious defects or obviously deviate from what was ordered, the Purchaser shall be entitled to file a complaint in writing within three weeks, after which the goods delivery qualifies as accepted. The Purchaser shall notify the Seller in writing of non-obvious defects in the goods delivered as soon as said defects become evident.
In the event of justified, punctual and formally correct notice of defect, the Purchaser shall be entitled to demand substitute delivery.
7. Miscellaneous Liability
Damage claims on the part of the Purchaser on the grounds of a delay, active breach of agreement, culpa in contrahendo and unlawful acts shall be excluded unless the aforementioned grounds for claims are due to gross negligence on the part of the Seller.
8. Place of Fulfillment and Jurisdiction
The place of fulfillment for delivery and payment is Isernhagen, Germany. Venue for all civil disputes arising from the contractual relationship or in respect of its origin and efficacy is Hanover, Germany.
9. 10. Partial Invalidity
The invalidity of any of the provisions hereinabove shall not affect the validity of the remaining Conditions of Purchase and Delivery provisions contained herein.
10. VAT Reimbursement
Customers exporting goods outside of the EU can obtain a VAT reimbursement only if they file a correctly stamped certificate of export to the Seller, together with the original invoice. The VAT reimbursement transfer cannot be effected until the Seller has received the stamped certificate of export. Due to the considerable administrative expense involved, it is necessary to impose a processing charge of €20.00, which amount shall be deducted from the VAT reimbursement. In the event that the reimbursement is transferred to a foreign bank account, the recipient shall bear all domestic and foreign banking transfer costs.