General Terms and Conditions (GTC) for the Supply of Goods and Services (Export)
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General Terms and Conditions (GTC) for the Supply of Goods and Services (Export) General The terms and conditions set out below will apply to all goods and services supplied by us. Other terms and conditions will only be binding upon us where we have acknowledged them in writing. Separate and additional service terms and conditions will apply to installation and repair work. For software, even where the latter forms part of a product supplied by us, separate and additional contractual terms and conditions will also apply to provision of the software. I. Proposal 1. Our proposals are subject to confirmation, cost estimates will be non-binding and, unless otherwise expressly agreed, subject to a charge. Dimensions, package dimensions, images, simulation results and drawings will only be binding for the execution of the order when expressly confirmed in writing. 2. We will retain ownership of and copyright over cost estimates, drawings and other documentation. These may not be disclosed or otherwise made accessible to third parties. II. Prices 1. Unless otherwise agreed, prices will be calculated based on the prices valid at the time of delivery. 2. Unless otherwise noted in the proposal, prices will be for goods and services ex works, excluding packaging, transportation, insurance, installation and commissioning, plus any value added tax applicable at the time of delivery. III. Delivery 1. Delivery deadlines will only be binding where agreed upon in writing. In case of doubt, the delivery deadline stipulated in the order confirmation will apply. The period will start upon commencement of the contract but not before fulfilment by the Purchaser of any existing obligations to cooperate, in particular the Purchaser providing any documentation, materials, approvals, clearances and, depending on the service, any advance payments agreed upon or taking out a letter of credit. The agreed deadlines will also be deemed to have been met upon advice of readiness for dispatch if either the goods are not delivered on time or the services cannot be performed on time through no fault of our own. 2. Where failure to comply with delivery deadlines is attributable to force majeure or to other disruptions for which we are not responsible, e.g. war, terrorist attacks, import and export restrictions or industrial action, including such disruptions affecting suppliers, the agreed delivery deadlines will be extended accordingly. This will apply even if the disruptions occur at a time when we are behind schedule. 3. In the case of culpable failure to comply with an agreed delivery deadline for reasons other than those set out in clause III.2, the Purchaser will be entitled to withdraw from the contract after the expiration of a reasonable period stipulated in writing. 4. Any other rights of the Purchaser on the grounds of delay, particularly claims for further compensation, will be excluded to the extent set out in clause VII. 5. Where dispatch is delayed at the Purchaser's request, we will be entitled to charge a minimum of 1% of the invoice amount for each part month for the costs incurred for storage (barring any proof of significantly lower costs). Upon the fruitless expiration of a reasonable period, we reserve the right to withdraw from the contract. The Purchaser will be billed for any costs incurred by us in connection therewith. 6. Partial deliveries and corresponding invoices are permitted. created: T.Brach / KL / 13.10.2016 General Terms and Conditions_2016.doc

General Terms and Conditions (GTC) for the Supply of Goods and Services (Export) IV. Transfer of Risk; Dispatch 1. Delivery will be made “ex works” unless otherwise expressly agreed. 2. If the goods are dispatched to a different location at the Purchaser’s request, we may choose the shipping method unless otherwise stipulated by the Purchaser. Transport insurance will only be taken out upon the Purchaser’s instruction and at the latter's expense. 3. Deliveries of spare parts and return deliveries of repaired goods will be made against invoicing for reasonable shipping and packaging costs...

General Terms and Conditions (GTC) for the Supply of Goods and Services (Export) performance. It will then continue to run. 8. If supplementary performance fails, the Purchaser will be entitled to withdraw from the contract or reduce the remuneration. 9. Any other rights in respect of defects – particularly contractual or non-contractual claims for damages not caused to the goods themselves – are excluded to the extent stipulated in clause VII. 10. If a defect complaint proves unjustified, we will be entitled to bill the Purchaser for all expenses incurred by us as a result thereof. 11. In...

General Terms and Conditions (GTC) for the Supply of Goods and Services (Export) Vendor until all receivables under the open account or business relationship have been paid in full. b) Balance clause Where there is an open account relationship, the retention of title is to remain in place even after being added to the open account or after balancing. 2. Where the retention of title is invalid according to the law of the country where the goods are located, a protective mechanism corresponding to the retention of title in this area will be deemed to have been agreed upon. Where the...