Alape - Product book

198

Terms of Trading and Delivery

Terms and Conditions of Sale, Delivery and Payment

1. GENERAL

1.1. The following terms apply exclusively to all of our quotations, sales and

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subsequent contracts, save where expressly otherwise agreed.

1.2. All agreements, subsidiary agreements and contractual amendments must

be made in writing. This applies equally to any revocation of this clause govern-

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2. INFORMATION, ADVICE

All information and advice given in respect of our products is based on our

previous experience. Figures quoted are average values found from such ex-

perience. Any information or advice provided does not obviate the need for the

goods supplied to be tested for suitability nor for compliance with processing

instructions. Any information given verbally is not binding.

3. QUOTATION, CONTRACT SIGNATURE

3.1. All quotations are made subject to contract. A supply contract or any other

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order or other order in writing or have delivered the goods.

3.2. Samples and trial items are supplied without obligation as goods on

approval. Where a purchase is made based on samples and/or trial items

it is made subject to deviations standards in the industry and within normal

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the supply of samples or trial items is not linked with any guarantee of quality or

service life.

3.3. Samples and trial items are to be returned to us in perfect condition within

4 weeks. If they are not returned within this period, we shall be entitled to

charge the list purchase price. Price lists are available on request at any time.

3.4. Save where expressly agreed otherwise, the information provided by us in

text or illustrated form (e.g. descriptions, illustrations or drawings) in catalogues,

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we supply and their potential applications. The information we provide is not a

guarantee of service life or quality and is based on our current understanding.

We accept no liability for successful use of goods supplied.

3.5. Measurements in quotations and brochures are only approximate and

apply subject to standard tolerances with enamel goods. All goods are subject

to changes in construction made for product development purposes.

4. PRICES

4.1. The prices charged are the prices stated in our binding price list applica-

ble on the day of delivery, save where a fixed price has been expressly agreed

in writing.

4.2. All prices are net and exclusive of VAT, which is to be paid by the purchas-

er at the prevailing statutory rate.

4.3. If there is any increase in our sundry material procurement costs, energy

costs or labour costs/incidental wage costs between the date of order confir-

mation and the date of delivery, we shall be entitled to adjust an agreed fixed

price accordingly. The purchaser will be entitled to cancel the contract if the

price rise exceeds 5%.

5. DELIVERY

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before any agreed down payment has been received and not before all of the

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all necessary documents provided. The delivery date is deemed to have been

met if the subject goods have left our factory or warehouse before this period

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forwarded on time for reasons beyond our control. Delivery dates are deemed

to be approximate where there is no provision to the contrary.

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delivery. We can only be in default on expiry of this extension period.

5.3. Without prejudice to our rights arising out of delays in payment by the pur-

chaser, delivery dates will be extended by the period of time that the purchaser

fails to honour his obligations to us.

5.4. The right remains for the purchaser to arrange proper and timely delivery

himself, as long as we are in no way to be liable for such non-standard delivery.

5.5. Unforeseen, exceptional circumstances beyond our control, such as in-

dustrial action, operational breakdown, government action, transport disruption

or other instances of force majeure, irrespective of whether we or our suppliers

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the relevant contract, although hindrances of a temporary nature shall do so

only for the duration of the hindrance and a reasonable start-up time thereafter.

The above circumstances are also beyond our control if they arise during a

delay that has already occurred. If as a result, delivery subsequently becomes

impossible or unreasonable for one of the parties, either party will be entitled to

terminate the contract.

5.6. We shall not be liable for any loss due to delays arising from any breach

of our contractual obligations caused by minor negligence, save where such

a breach leads to injury to life, bodily harm or impaired health. There is no

connection between this provision and any change in the burden of proof to the

disadvantage of the purchaser.

5.7. Should liability for loss due to delay arise not only from a breach of contrac-

tual obligations caused by minor negligence, the purchaser shall, subject to the

exclusion of further claims, be entitled only to claim compensation amounting

to 0.5% for each full week of delay, up to a maximum of 5 percent in total, of the

value of that part of the total delivery that, due to the delay, cannot be used on

time or for its contractual purpose.

5.8. We shall be entitled to make part deliveries where acceptable to the pur-

chaser. Part deliveries may be invoiced separately.

6. FORWARDING, TRANSFER OF RISK

6.1. Delivery will be ex works (Goslar), unless otherwise agreed. If Inco-terms

have been agreed as the delivery terms, the version applicable on the date of

contract signature shall apply.

6.2. If, at the purchaser’s request, the goods have been forwarded to a place

other than the place of performance, the purchaser will meet all costs thereby

incurred. The choice of transit route and carrier will be at our discretion. We and

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any transit damage immediately upon receipt of the goods. Goods will only be

insured against damage, loss or breakage in transit at the purchaser’s express

request and at his expense.

6.3. Forwarding and transportation are always at the purchaser’s risk when

goods are supplied ex works. This is also applicable if we make delivery to a

third party (drop shipment deliveries) and when goods or empties (reusable

packaging) are returned. Even when part deliveries are made, the risk passes to

the purchaser as soon as the consignment has been transferred to the carrier

or has left our warehouse for forwarding or, in the case of delivery ex works,

has left our plant.

6.4. If forwarding is delayed due to circumstances for which the purchaser is

responsible, or if the purchaser himself is arranging transportation, risk will pass

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purchaser must meet storage charges incurred after risk has been transferred.

The monthly storage charge for goods delivered to our factory or warehouse will

be 0.5% of the invoice value. Subject to showing good reason for so doing, we

reserve the right to levy higher storage charges. Once a reasonable period of

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other means and to supply the purchaser within a reasonably extended period.

7. PAYMENT

7.1. Payments are to be made in euros (€) and must be free of all charges and

postage. They must be remitted only to the bank indicated by us. Payment by

cheque will be deemed to have been made only when cashed. Cheques are

accepted with no obligation for timely presentation or protest.

7.2. Unless expressly agreed otherwise, payments must be made within 10

days of the invoice date at a 2% discount and within 30 days of the invoice date

with no deduction. There will be no discount entitlement if previous outstanding

invoices remain unpaid.

7.3. If the deadline allowed for payment is exceeded, we shall be entitled to

charge interest at 8 percentage points above base (Section 247 of the German

Civil Code [BGB]). All of our outstanding accounts will also become immediately

due.

7.4. �� only

if such counter-claims are undisputed or established in law. In the event of

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three times the cost of subsequent work to make good such deliveries. When

exercising his right of retention, the purchaser agrees to pay as security the

amount of the unpaid portion by bank guarantee or, at our discretion, by

depositing it with a notary of his choosing.

8. RETENTION OF TITLE

8.1. All goods supplied shall remain our property (retained-title goods) pending

settlement of all financial claims, made on any legal grounds whatsoever,

including all future and conditional claims arising from contracts signed