Price list E 1/2008 - cuprotherm

General terms of delivery1. Contractual terms, applicable lawa) Our written confirmation of order and these general terms of delivery shall apply exclusively for contracts. Other terms or oralunderstandings require our separate written acceptance in order to have validity.b) The law of the Federal Republic of Germany shall apply to all legal relations with us; application of the United Nations Conventionon Contracts for the International Sale of Goods of 11.04.1980 is excluded.2. Prices, payment, securitya) Our offers are made without obligation. All taxes and other levies incurred for our deliveries and services in the receivingcountry shall be borne by the ordering party.We may effect a reasonable price adjustment in the case of a significant change in our processing costs. Fixed metal pricescannot be changed subsequently.b) Payment is due net cash within 30 days. We only grant prompt-payment discounts by arrangement and not before settlementof our other due claims. Payment and prompt-payment-discount periods commence from the invoice date and fordeliveries abroad from the date of receipt of the goods; the date of receipt of payment shall be authoritative for compliancewith the deadlines.Cashless payments are accepted in lieu of performance; costs and charges shall be borne by the ordering party except forprompt-payment-discount charges up to payability of the invoice. We only accept bills of exchange by separate agreement.We may determine ourselves against which of our claims received payments are set off.c) In the case of late payment we are entitled to charge default interest of 8 % above the respective base interest ratepublished in the German Federal Gazette.d) Set-off and retention are only permissible if the counter-claim has been recognised by declaratory judgement or is undisputed.e) If execution of the contract is jeopardised due to a lack of solvency on the part of the ordering party, which shall also be thecase should the credit limit of a trade credit insurance be cancelled, we may refuse the performance incumbent upon us andfurthermore revoke all granted periods for payment and demand advance payment as security.In addition we shall have the right to withdraw from the contract. If the ordering party is in default of payment, we shall beentitled to take back the goods and accordingly to enter the ordering party’s premises. We may moreover prohibit the resale,further processing and removal of the supplied goods.3. Conversion ordersThe metal cover for conversion orders must be present on the metal account at the latest six weeks before the deliverydate.4. Risk, delivery, trade terms, public standardsa) All risks – also in the case of free shipment or collection – pass over to the ordering party when the goods leave our shippingdepot.b) The ordering party cannot reject part deliveries.In the case of shipment we shall determine the forwarder, carrier and route of shipment.c) INCOTERMS 2000 shall apply to all trade terms.d) In the case of public national or international standards referred to in the order text the respectively valid edition of thestandard shall apply.5. Time of delivery, impediment to delivery, defaulta) Delivery periods and dates always only indicate the approximate time of delivery ex works or warehouse.b) Our obligation to effect delivery shall be subject to correct delivery to ourselves in due time unless the unpunctual or belateddelivery or non-delivery is our fault.c) If the delivery is delayed due to force majeure, then a reasonable extension to the delivery period in accordance with thecircumstances shall be granted. This provision shall be applicable irrespective of whether the reason for the delay occursbefore the agreed delivery period or at a time when the affected contracting party is in default. Operational breakdowns, lossof production, procurement difficulties, industrial disputes and other circumstances which make the delivery significantlymore difficult for us shall be equivalent to force majeure.d) We shall only be in default in all cases if after the due date we do not effect performance within a reasonable additionalperiod following a written reminder from the ordering party on account of reasons for which we are responsible. A prerequisiteis furthermore that the ordering party itself is not in default with an obligation arising from the business relationship.e) If our default is due to minor negligence, then our liability for damages is excluded unless a case of death, physical injury ordamage to health is concerned. Alternatively, we limit our liability arising from default in the case of minor negligence to thetypically foreseeable loss.44