General terms and conditions (Stand: 08/02)

Terms and conditions of sale, delivery and payment (as at 08/02)

Quotes:	All quotes are subject to change without notice until acceptance unless in the quote itself it is explicitly stated otherwise. All quotes are subject to prior sale.
Shipment:	Risk shall transfer to Purchaser upon delivery to the forwarder or carrier, however at the latest upon release of the goods from the warehouse, even where "carriage paid" delivery has been agreed or the consignee is in default of acceptance or shipment is delayed due to circumstances within the consignee's control. The route and mode of transport shall be selected according to the cheapest means available, unless a different manner of shipment has been expressly agreed. Seller shall not be liable for any delay in delivery or performance due to force majeure. Force majeure shall entitle Seller to extend the delivery period by a time equivalent to the length of such disruption and an appropriate start-up time, or to rescind the contract or that part thereof not yet fulfilled. Force majeure shall include strikes, lock-outs, mobilisation, war, blockades, refusal to grant import or export licences or other official actions, regardless of whether these affect us or our supplier. For orders exceeding a value of 255 Euro, for end customers 155 Euro (including VAT), delivery is effected carriage paid. Transport costs of Euro 4.90 per postal packet shall be charged on orders with a gross invoice value below this amount. Purchaser shall bear the additional charge of Euro 3.60 on deliveries effected c.o.d
Claims:	All goods are carefully examined prior to shipment. Purchaser is obliged to check delivered goods immediately upon receipt. Purchaser is responsible for making any claim for obvious defects or shortcomings immediately upon delivery against the carrier or his agent and for notification to Seller accordingly. All claims of any kind must be made within 14 days after delivery of the goods. Seller's sole responsibility with respect to such claims shall be to replace free of charge any product determined to be defective. Other claims for damages, compensation for expenses for labour, transport or similar are expressly disclaimed. Natural wear and tear and damage due to improper handling are excluded from indemnification. We shall in particular not be liable for changes to the condition or operating method of our products due to improper storage, climatic or other influences. Purchaser is obliged to obtain express authorisation from Seller prior to returning goods. In this event, Purchaser shall be sent a returns form and returns sticker, which must be attached to the outside of the goods returned. Returns not bearing our returns sticker will not be accepted.
Delivery period:	The delivery period commences when all details have been clarified and agreement has been reached on all terms and conditions pertaining to the contract. Delivery dates shall not be deemed binding and shall be so calculated that they can reasonably be complied with under normal production conditions. Operational disruptions - at Seller's or third-party plants upon which manufacture depends - caused as a result of a shortage of raw materials, power cuts, strikes or other Acts of God relieve Seller of the obligation to comply with certain agreed delivery dates and entitle us to rescind the contract in whole or in part. No claims for damages of any kind may be asserted.
Prices:	Our prices for retailers are exclusive of statutory value-added tax (VAT). All prices are based on purchases in packing units. Smaller quantities are subject to a surcharge of 5% for supplementary packing work. The prices in effect in our lists on the delivery date shall apply. Prices are subject to change without notice. We reserve the right to adjust prices in line with changed material or wage costs. Any excise, duties, taxes or other government-imposed charges shall be paid by Purchaser. Prices for end customers are inclusive of the statutory amount of VAT. End customers are exempt from the obligation to purchase complete packing units.
Terms of payment:	We request payment within 30 days of the invoice date, net without any reduction. In the event of settlement within one week of the invoice date, we grant a discount of 3%. In case of default or delayed payment, subject to the assertion of other claims, interest shall be charged at a rate of 1% above the respective central bank discount rate. All prices are stated in Euro. The first delivery shall be made against cash in advance, c.o.d. or direct debit. End customers pay in advance after receipt of invoice or c.o.d. <
Retention of title:	Seller retains title to goods sold pending payment of all claims against Purchaser under the respective contract, including future claims. In the case of current accounts, the property to which title is retained shall be considered security for the balance due. Cash payments, bank transfers or cheque payments effected against a bill of exchange drawn by Seller and recognised by Purchaser shall not be deemed payment until the bill is honoured by the payer and Seller is thus released from the endorser's liability. Purchaser shall not be entitled to pledge the goods or place them in escrow until they have been paid for in full.
Additional retention of title for dealers:	Purchaser hereby assigns to us by way of security claims against third parties arising from resale of the goods. This shall not affect Purchaser's right to sell the goods within the scope of normal business transactions. However, Purchaser shall forfeit all claims against third parties and all rights accruing thereto to Seller, who shall be entitled if the occasion arises to demand recovery from the bankrupt's estate in accordance with § 48 of the Insolvency Law; in accordance with §§ 2 and 4 of the Court Composition Law, Seller shall consequently also be involved in court composition proceedings.
Place of performance:	Place of performance for delivery and payment for both parties is Burgheim.
Place of jurisdiction:	Place of jurisdiction for all claims and disputes between the parties ensuing from the contract is Neuburg/Donau.
Data protection:	Purchaser is hereby informed that Seller is entitled to process and use personal data collected in connection with the business contract in compliance with the German Data Protection Act.