Standard Conditions of Sale
1.2 Quotations are given and orders are accepted by the Company only upon the company's standard conditions of sale as printed herein which shall apply to the exclusion of all other conditions or terms to all contracts for the sale of goods by the Company unless (and then save only to the extent that) they are expressly excluded or varied in writing signed by a director of the Company.
2.1 Unless otherwise stated all prices quoted for goods are inclusive of carriage to the Buyer's premises (or such other address as may be notified to the Company) in mainland Great Britain.
2.2 Where prices quoted are expressed to be inclusive of VAT at the price payable to the Buyer shall be subject to adjustment for any change in the rate of VAT chargeable on the supply of goods between the date of quotation or contract and the date upon which the contract is performed or the relevant tax point.
3.2 Without prejudice to the Company's right to prompt payment the Buyer shall pay interest at the rate of 2% per month on the balance of any invoice or other sum remaining unpaid from the due date of payment of the same until the date of actual payment and shall in addition reimburse the Company all reasonable costs and expenses (including legal costs) incurred in the collection of any overdue balance or accounts.
3.3 Time for payment is of the essence of the contract and any liabilities on the part of the Company shall be subject to the terms of payment and to all other obligations on the part of the Buyer being strictly observed.
4. Delivery and Risk
4.2 Delivery of the goods shall be deemed to be made immediately upon arrival of the goods at the Buyer's premises (or such other address notified to the Company and agreed for delivery) prior to unloading whereupon risk In the goods shall pass to the Buyer. The Company does not accept any responsibility for any loss or damage to goods arising during unloading.
4.3 The Company reserves the right in its sole discretion to make delivery of the goods by instalments and to tender a separate invoice for each instalment setting out the invoice price for each such instalment. Payment of the invoice price for any such part delivery of the goods must be made strictly in accordance with condition 3.
6. Damage or Non-Delivery
8. Warranty and Exclusion
8.2 Except as provided In Clause 8.1 above, there are excluded from the contract with the Buyer all conditions, guarantees or warranties whatsoever whether express or which but for these conditions of sale would or might be deemed to be implied by statute or common law. Provided that nothing herein shall be construed or applied so as to exclude the Company's liability under the provisions of Section 12 of the Sale of Goods Act 1979 or for death or personal injury arising from the Company's negligence (as that term is defined in the Unfair Contract Terms Act 1977).
8.3 In no event shall the Company be liable for any consequential or indirect loss suffered or incurred by the Buyer in consequence of any act omission or default of the Company.
9. Force Majeure
10. Buyer´s Default
11. Cancellation by the Buyer
12. Governing Law
1. Field of application
2. Placing of orders
3. Meeting of the deadline
4. Obligation to accept the goods
5. Shipping documents, payment
6. Transportation, Payment of Duties and Insurance
All deliveries to us shall be effected in line with the conditions set out in Incoterms 2000. Unless "franco domicile" delivery has been agreed upon, the supplier may charge transportation costs for partial or complete shipments according to "Güterfernverkehrstarif" (GFT) less a maximum margin of 20 percent. Transportation costs for individual parcels may be charged at a rate which does not exceed the GFT individual parcel rate or customer rate minus a margin of 20 percent. We have taken out transportation insurance which is internationally valid. This means that all deliveries should be shipped without insurance. We are a "Verzichtskunde" according to German SLVS (SLVS = Speditions-, Logistik- und Lagerversicherungsschein) which means that it is not permissible to charge us for transportation insurance. If any invoices are raised, these will be charged to the supplier´s account. Crediting costs or presentation commissions will not be accepted if invoiced to us. All deliveries to Heidenheim should be marked Selbstabholung (self-collecting), we will not recognize any claims for the costs of delivery directly to our premises. We are not liable to present goods to the customs authorities. Unless otherwise agreed, goods will be cleared through customs by us. We will not accept any customs charges or fees for issuing customs documents.
10. Production aids
11. Charging of claims
12. Place of fulfillment
The place of fulfillment is Heidenheim or the headquarters of the works which receives the delivery. Legal domicile is Heidenheim. The contract is subject to German law, even if it concerns deliveries from abroad. If any of the regulations of these purchasing conditions should be ineffective, the validity of the other regulations is not effected by this. The ineffective regulations will then be replaced by a legally admissible version, which will correspond to the original version as far as it is possible, concerning the economic results.
13. Child Labour
In case of litigation the German version of the purchasing conditions is decisive. The English translation has no legal relevance. PAUL HARTMANN AG D-89522 Heidenheim