TERMS AND CONDITIONS
Conditions of Sales and Delivery
| 1. | Our Conditions of Sale shall apply exclusively to all commercial transactions between ourselves and Buyer unless deviations are specifically accepted and confirmed in writing by us. |
| 2. | Our offers are made without obligation. A sale shall be deemed to have been concluded only when acceptance of the order has been given in writing by us to the Buyer. |
| 3. | Any increase in the accessory charges of the sale such as transport and insurance charges, customs duties and charges, taxes, etc…. before arrival of the Goods at their destination shall be for account of Buyer. |
| 4. | Terms of delivery shall be indicative and not binding. |
| 5. | Action by Government, war, riots, strikes, lock-outs, fire, breakdown of machinery, inadequate supply of raw materials or energy, interruption in transport or any other circumstances beyond our control which hinder the normal production or shipment of Goods, shall be considered by parties to be acts of God, involving suspension or cancellation of a sale, at our option. |
| 6. | The Goods travel at Buyer’s risk even when the transport charges are for our account. |
| 7. | Buyer is obliged to accept and inspect the Goods at taking delivery. Claims must be submitted immediately and confirmed in writing within eight days after taking delivery of the Goods. Further, Buyer must take all useful measures to allow inspections and to restrict the damage. |
| 8. | Whether there are apparent defects or hidden defects, Goods which are admittedly defective shall either be replaced free of charge or reimbursed in part or in full. |
| 9. | a) The risk in the Goods passes to the Buyer upon delivery, but equitable and retention of ownership shall remain with us until full payment has been received (each order to be considered as a whole) or until prior re-sale, in which case our beneficial entitlement shall attach to the proceeds of re-sale or to the claim for such proceeds. b) Should the Goods become constituents of or be converted into other products while subject to our equitable and retention of ownership, we shall have the equitable and retention of ownership in such other products as if they were solely and simply the Goods and accordingly sub-clause a) shall as far as appropriate apply to such other products. |
| 10. | Every endeavour will be made to deliver the correct quantity ordered, but quotations are conditional upon an margin of 10 % being allowed for over or shortage, the same to be charged or deducted. |
| 11. | Whilst every effort is made by the company to ensure the highest standard of quality of both materials and manufacture, the company neither makes nor gives nor imparts any warranty or condition, express or implied, statutory or otherwise, with respect of the suitability of the company’s products for any particular use irrespective of the recipient giving any information to the company in connection with or as to the intended use of the said product. |
| 12. | The company shall not be liable in respect of any claims arising out of any loss or damage caused to any person or property by the use of said products. |
| 13. | Invoices shall be payable to our bank account on the due date indicated in the invoice. Default interest shall be due right and without prior formal notice, from due date. The rate of this default interest shall be 4 % above Deutsche Bundesbank Base Rate. |
| 14. | The non-payment of an invoice on due date gives us the right to claim payment of the amounts owing to us and not yet due as well as to cancel or suspend outstanding orders without any formality and without prejudice to our right to claim damages. |
| 15. | Our sales shall be governed by German law. Any disputes relative to the existence, the interpretation or performance of our sales shall come under the jurisdiction of the Courts of Hamburg on the understanding, that we reserve the right to deviate from this rule and to bring the dispute before the courts of Buyer’s domicile. |
| 16. | The international rules for interpretation of trade terms laid down by the International Chamber of Commerce (Inco-terms, 1980 version) are applicable to all our international transactions. AMC Pancke AG |
