Only valid for entrepreneurs, legal persons under public law and public law special assets.

1. All – even future – supplies and services from the current business relation take place exclusively on the basis of these sales conditions

2. We do not recognise those of the purchaser’s conditions which are in opposition to ours or deviate from our conditions, unless we expressly agreed to their validity in writing. Our offers are subject to availability, inasmuch as we do not expressly define them as binding in writing. All agreements, which are made between us and the purchaser in respect of fulfilment of purchase orders (or sales orders), must be put down in writing.

3. We can accept quotations sent to us within 4 weeks. We reserve the right of ownership and copyright with regard to illustrations, drawings, calculations and other documents furnished to the purchaser. The former may only be made accessible to third parties with our written consent. This is particularly applicable for such written documents that are defined as "confidential“.

4. In case of doubt, the latest edition of Incoterms is the determinant factor for the interpretation of terms of trade.

1. In so far as nothing is stated to the contrary in our order confirmation, our prices are "ex works" or "from stock"; our prices are excluding turnover tax (V.A.T.) payable.

2. V.A.T. will be shown separately on the invoice in the statutory amount on the day of invoicing.

3. Deduction of discounts is only allowed by written agreement.

4. Fixed prices require express written consent. In the event of agreed delivery terms of more than four weeks after conclusion of the contract we have the right moreover to charge the price valid on the date of delivery.

5. The purchaser has the right to offset only if its counter claims are established as legally effective, undisputed or recognised by us. The purchaser can only exercise a right to refuse performance or right of retention, in so far as the same conditions are fulfilled or, in the case of defects in the supplied goods, are made at least plausible (e.g. through written confirmation of a neutral person or agency) and, what is more, its counterclaim rests on the same contractual relationship.

1. Delivery terms are only binding on written agreement. The delivery term begins with the date of our written order confirmation, however not before receipt of the documents to be supplied by the purchaser and which are required for fulfilling the order.

2. If we are obliged to purchase materials and services and if, after conclusion of the contract, circumstances are known to us according to which considerable deterioration in the purchaser’s assets is to be presumed, then at our choice we can either demand security within a reasonable period of time or payment without delay against delivery. If the purchaser cannot honour this demand, then we are authorised, subject to further legal rights, to withdraw from the yet unfulfilled part of the contract. Cause to assume considerable deterioration of the purchaser’s assets is given in particular, if it does not honour bill of exchange or cheques deriving from circumstances for which it is responsible.

3. Delays in delivery due to force majeure or unforeseen circumstances for which we are not responsible, such as industrial unrest, strikes, lockouts, lack of means of transport, difficulties in procuring raw materials, official regulations and untimely delivery by our supplies, do not constitute delay on our part. Agreed delivery terms are extended by the duration of the setback. If the impediment lasts longer than three months, then we and the purchaser have the right, after expiry of a reasonable period of time allotted in which to make performance, to withdraw from that part of the contract as yet unfulfilled. Claims for damages in this case are excluded.

1. Quality standards and measurements are determined in accordance with DIN standards or material specifications, failing which, the relevant Euro standards are applicable or failing these, usage of the market applies, in so far as nothing to the contrary has been agreed in writing.

2. In so far as it is customary in trade, that with regard to goods charged by weight where the weight established at the works by check weighmen rules, this is applicable. The total weight of the shipment is the determinant factor for invoicing. Differences in relation to individual accounting weights will be distributed among these proportionately.

3. Deviations in weight can only be recognised if they are complained about after delivery without delay. For proof of a deviation, official reweighing is required.

4. Indication of weight for piping is based on our theoretical calculation and is, in so far as nothing has been agreed to the contrary, not binding. Deviations from our indications of weight for these reasons therefore do not give the purchaser the right, subject to agreements to the contrary, to advance claims.

5. We have the right, within the frame of commercial standards (10% deviations) to supply more or less, unless something to the contrary has been expressly agreed.

6. When samples and test pieces are supplied their characteristics and properties are not guaranteed, unless something to the contrary has been expressly agreed.

1. Despatch of the goods takes place at the customer’s risk. Risk is transferred to the purchaser, even in the case of partial shipments, with despatch from the warehouse or works, in so far as nothing to the contrary has been agreed for the case in question.

2. Packaging, shipping route and means of transport are chosen by us. Packaging may only be returned to us sorted, in bundles, in quantities corresponding to no more than the packaging supplied by us and with a period of advance notice of 8 days. Return has to take place within normal business hours at the place of delivery designated by us and at the purchaser’s expense. In case of non-compliance with these regulations we are authorised to refuse to accept packaging.

3. Goods declared ready for despatch must be asked for immediately. Otherwise we have the right to effect shipment or to warehouse them at the purchaser’s expense and risk and to charge at once.

4. Waiting time during unloading at the address of receipt stated by the purchaser will be invoiced to the purchaser.

5. We are authorised to make partial deliveries, in so far as this is not in conflict with a commendable interest of the purchaser.

1. Every payment will be used for the oldest invoice due. Bills of exchange and cheques will always only be accepted on account of performance. Discount and bank charges are at the purchaser’s expense and have to be paid immediately in cash. If the purchaser incurs in delayed payment, then we are authorised to charge interest on arrears in the amount of 5% above the current base interest rate p.a. of the European Central Bank.

1. When we take the item back there is no withdrawal from the contract, in so far as we have not expressly declared this is writing.

2. The purchaser is obliged to treat the item supplied always with care; in particular it is obliged to insure this sufficiently at reinstatement value at its own expense against damage from fire, water and theft. In so far as maintenance and inspection work is necessary, the purchaser must carry these out in good time at its own expense.

3. In the case of levies of execution or other impairments by third parties, the purchaser has to inform us in writing without delay. Inasmuch as the third party is not in a position to grant us the costs for a settlement in or out of court in accordance with paragraph 771 of the Code of Civil Procedure, the purchaser is liable to us for the financial loss incurred.

4. The purchaser is authorised to sell on the delivery item in the ordinary way of business; however, it already makes over to us all amounts receivable in the amount of the final amount invoiced (including V.A.T.) of our amounts receivable which accrue to it from resale against its customers or third parties and this is regardless of whether the object supplied has been resold without or after processing. For collection of this receivable, the purchaser remains authorised to collect, even after assignment. Our powers to collect the account receivable ourselves remain unaltered by this. However, we shall not collect the account receivable in so far as the purchaser honours its payment commitments deriving from the proceeds collected, does not incur in delayed payment and in particular no petition has been filed for insolvency proceedings or there is no suspension of payment under consideration. If this is the case, then we can demand that the purchaser makes known its assigned claims and the debtors, gives all details necessary for collection, interprets the pertinent documents and informs the debtors (third parties) of the assignment. Inasmuch as there is an open account relationship between the purchaser and its customers in accordance with paragraph 355 of the German Commercial Code, the claim assigned to us by the purchaser in advance also refers to the balance recognised, as well as, in the case of insolvency proceedings by the customer, to the then available surplus balance.

5. The processing or transformation of the delivery item by the purchaser will always be undertaken for us. If the delivery item is processed with other items which do not belong to us, then we acquire joint ownership of the new item in proportion to the value of the object purchased in relation to the other processed items at the time of processing. For the item created by the processing moreover, the same is applicable as for the delivery items subject to reservation.

6. If the delivery item is inseparably confused with other items which do not belong to us, then we acquire joint ownership of the new item in proportion to the value of the delivery item in relation to the other confused items at the time when they were confused. If confusion takes place in such a way that the purchaser’s item is to be regarded as the main item, then it is understood as agreed that the purchaser assigns us proportionate joint ownership. The purchaser holds sole or joint ownership which has occurred in this way in safe custody on our behalf.

7. Warranty rights, especially regarding defects of quality, are statute barred 12 months after the passage of risk, unless we caused the defects intentionally or grossly negligently or we maliciously none-disclosed defects. This is also applicable for any guarantees that have been given and are binding on us, in so far as nothing else has been agreed or arises from the guarantee. Statutory longer limitation periods, especially for buildings and items that have been used for a building in accordance with their customary application and have given rise to its defectiveness, remain unaffected in connection with the construction of a building and with a work, the outcome of which, consists in the performance of planning or supervisory services for this. These periods of limitation also apply to consequential damage due to defects, in so far as no claims are put forward for unlawful acts. If, as a result of our defective delivery, subsequent performance is required, the period of limitation resulting from the subsequent performance will not be set in motion again.

8. Before the purchaser can put forward other claims or assert other rights (withdrawal from the contract, abatement – relevant lowering of the price –, compensation for damages or reimbursement of expenses) we must first be given the opportunity of subsequent performance within a reasonable time-scale, in so far as we have not given any guarantee to the contrary. Should the subsequent performance fail despite at least two attempts, or should we refuse the subsequent performance, the purchaser can withdraw from the contract or abate (reduce) payment. Section IX of these general sales conditions applies, should claims for damages be put forward.

1. The purchaser’s warranty rights provide that the purchaser, in accordance with paragraph 377 of the German Commercial Code, examines the item supplied and duly complains about defects without delay. Complaints always have to be made in writing specifically stating the defect. This condition also applies to work performance contracts.

2. Warranty rights do not exist, in so far as there are only insignificant deviations from the property or only insignificant impairment of usability of the supplied item.

3. All our specifications are only service descriptions and not guarantees, in so far as nothing else is expressly agreed.

4. In so far as a defect for which we are responsible is at issue in respect of an item supplied, we have the right at our choice to correct the fault or to supply a replacement.

5. If the purchaser unjustly complains, for reasons for which we are not responsible, concerning the existence of a defect for which we are responsible, we are entitled to charge against the purchaser reasonable costs that we have incurred to correct and/or establish the defect.

6. We can charge against the purchaser additional costs of the expenses necessarily incurred for the purpose of subsequent performance, especially transport, travelling, labour and material costs, in so far as the expenses are increased as a result of taking the item supplied to a place other than the delivery address.

7. Warranty rights, especially regarding defects of quality, are statute barred 12 months after the passage of risk, unless we caused the defects intentionally or grossly negligently or we maliciously none-disclosed defects. This is also applicable for any guarantees that have been given and are binding on us, in so far as nothing else has been agreed or arises from the guarantee. Statutory longer limitation periods, especially for buildings and items that have been used for a building in accordance with their customary application and have given rise to its defectiveness, remain unaffected in connection with the construction of a building and with a work, the outcome of which, consists in the performance of planning or supervisory services for this. These periods of limitation also apply to consequential damage due to defects, in so far as no claims are put forward for unlawful acts. If, as a result of our defective delivery, subsequent performance is required, the period of limitation resulting from the subsequent performance will not be set in motion again.

8. Before the purchaser can put forward other claims or assert other rights (withdrawal from the contract, abatement – relevant lowering of the price –, compensation for damages or reimbursement of expenses) we must first be given the opportunity of subsequent performance within a reasonable time-scale, in so far as we have not given any guarantee to the contrary. Should the subsequent performance fail despite at least two attempts, or should we refuse the subsequent performance, the purchaser can withdraw from the contract or abate (reduce) payment. Section IX of these general sales conditions applies, should claims for damages be put forward.

9. The following provisions also apply in the event of claims resulting from legal defects:

Unless stipulated otherwise, we are only obliged to supply the delivery items free from third-party rights in the country of the delivery address.

In the event of a violation of third-party rights for which we are responsible, we can, at our choice, either, at our expense, obtain adequate usage right for the agreed or expected use and assign it to the user, or change the delivered item such that the right is not infringed, or replace the delivered item, provided that, in so doing, the agreed or expected use of the delivered item is not impaired. If we find this impossible, if these attempts fail, or if we refuse subsequent performance, the purchaser shall be entitled to assert its statutory rights and put forward its statutory claims. Section IX of these general sales conditions applies to claims for damages.

1. Claims for compensation and the reimbursement of expenses due to defects in the delivered goods (hereinafter ‘compensation’) are excluded, in so far as we are unable to carry out subsequent performance for reasons beyond our control. Claims for compensation for damage and consequential damage due to defects, which rest on the supply of defective goods, are excluded, in so far as we are not responsible for the defect.

2. Claims for compensation for the violation of a guarantee of durability issued by us or by a third party (paragraph 443 (2) of the German Civil Code), for which we have to take responsibility, is excluded, if we are not to blame for the violation, provided that nothing is stipulated to the contrary in the guarantee of durability.

3. Claims for compensation that are put forward by the purchaser, irrespective of the grounds on which they are based, especially due to the infringement of obligations arising out of and in connection with the contractual obligation, out of negligence prior to or on conclusion of the contract and out of tortious acts, are excluded. In the event of simple negligence, our liability is in any case limited to the foreseeable and typical damages.

The abovementioned regulation is not applicable for claims according to paragraphs 1 and 4 of the Product Liability Act, in cases of intent or gross negligence, for the violation of life, or in the case of bodily injury or damage to health, on account of the taking out of a guarantee for the existence of a characteristic (characteristic guarantee) or in the case of the negligent violation of fundamental obligations. Under no circumstances does our liability extend beyond the statutory claims. Changes to the burden of proof are not connected with this regulation.

4. The statutory limitation of claims between us and the purchaser is settled in accordance with the statutory time limits in accordance with paragraph VIII. last section, in so far as claims arising from product liability in accordance with paragraphs 823 and et seq of the German Civil Code are not affected.

5. In so far as our liability is excluded or limited, this is also applicable for the personal liability of our staff, employees, colleagues, representatives and persons employed in performing obligations.

6. The purchaser has to release us from claims by third parties arising from the law governing product liability, when the cause has been established within its area of competency and it is liable as to third parties.

1. The place of fulfilment for supply is the actual place of loading. The place of fulfilment for payment is solely our Company head office.

2. In so far as the customer is a businessman, the court of jurisdiction is that of our Company head office. This is also applicable for legal proceedings in respect of legal documents, bills of exchange and cheques. However, we have the right to proceed against the customer also at the court having jurisdiction over its head office.

3. Legal relations between the parties are settled solely in accordance with German Law to the exclusion of the UN Purchasing Law Convention (UNCITRAL/CISG).

Koring + Rottsieper Edelstahl GmbH + Co. KG
January 2002

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