Good Connections - County Construction Chemicals Ltd

Terms and Conditions4. The purchaser is authorised to collect the accounts receivable fromresale or processing assigned to us unless we revoke this authorisation,which we may do at any time. Insofar as our accounts receivable aredue, the purchaser is under obligation to immediately pay the collectedamounts to us. On no account is the purchaser authorised to assign theaccounts receivable to any third party.5. Unless we inform its customer ourselves, if we so request, thepurchaser is under obligation to inform the customer immediately ofthe assignment of its accounts receivable to us and provide us withproof of such notification and send us the information and documentsrequired for collecting the assigned accounts receivable together withthis notification.6. The purchaser is under obligation to inform us of garnishment or anyother adverse action by a third party.7. If the security backing the accounts receivable owing to the retentionof title to ownership exceeds for debt for which security is requiredby more than 20 %, at the request of the purchaser we are obliged torelease securities at our discretion.8. The authorisation of the purchaser to collect will be revoked if theterms of payment are not met or if the purchaser infringes contractualagreements, if the purchaser ceases to pay and if settlement orbankruptcy proceedings are opened.VI. Instructions for use1. In view of the fact that our products are used under very varied workingconditions and for different applications, our instructions for use canonly constitute general guidelines. If special requirements are made,which are beyond the scope of the applications and working conditionsmentioned in the instructions for use, we are prepared to give moreextensive advice for the purpose of support; however this does notconstitute any kind of legal commitment on our part. Irrespective ofthis, owing to the many types of applications for our products and thevarying conditions under which they are used, it is always necessaryfor the user to previously check all the product properties consideredimportant for the respective purpose, and to verify them in practice.The information in the relevant up-to-date technical data sheet must betaken into account for this purpose.2. Information on the amount to use given in our instructions for userepresents average values taken from practical experience.VII. Notification of defects, liability1. All statements about suitability, processing and application of ourproducts, technical advice and other information are given to the bestof our knowledge; however, they do not release the purchaser fromthe obligation to carry out its own tests and experiments. If specificqualities or the assumption of any warranties have been agreed, theyare only binding for us if they have been made explicitly in writing in thecontract. The current technical datasheet – as can be accessed fromour homepage on the Internet – is relevant for any claims for defectswith regard to the quality and application of the product. It can alsobe made available in other ways at any time, if requested. If the sellerdeviates from instructions given there, we exclude any claim for defector any other form of liability.2. Business purchasers must inspect the goods delivered immediately forany defects and, if a defect is discovered, notify us immediately thereofin writing. If we do not receive notification, the goods are consideredaccepted. For purchasers who are not consumers this applies both tovisible and invisible defects. If the purchaser is a consumer, he or shemust lodge a complaint about obvious, visible defects within 14 days.3. If the goods we deliver are defective and the purchaser gave notificationof the defect within the time limit, we will replace the goods free ofcharge if the defect already existed when the risk was transferred. Ifpostperformance fails the purchaser has the right to choose betweenreduction of the payment and cancellation of the contract. Paragraph5 below applies to any claims for damages or reimbursement ofexpenses.4. In case of complaint the purchaser must grant us the opportunity toverify the complaint by sending material samples to us immediately ifwe so request. If the purchaser infringes this obligation, the purchaser isnot entitled to claim for defects unless the infringement of this purchaserobligation neither hinders our verification of the cause of the damagenor makes it more difficult. We will assume the costs for sending usmaterial samples and of sampling itself if the material delivered wasdefective. This does not prejudice cancellation or return rights whichmay ensue from consumer protection rights.5. We assume liability towards the purchaser for compensation –irrespective of the legal reason be it under contract or owing to tort– only in cases of intent, gross negligence, owing to injury of life, thebody or health or because an agreed quality is lacking or becauseof the infringement of important (cardinal) contractual duties or othermandatory statutory regulations. Compensation for the infringement ofimportant contractual duties is restricted to foreseeable damage typicalfor the contract and, in this case, to a maximum of 500,000.– euros.This applies unless our legal representative or our vicarious agents haveacted with intent or gross negligence or if it is a case of injury of life, thebody or health. A shift in the burden of proof to the disadvantage of thepurchaser is not implied by the above provisions. The provisions aboveapply analogously to compensation for futile efforts.6. The time limit for claims for defects is one year from delivery of thegoods unless it is a case of a consumer goods sale or the law stipulatesa longer mandatory limitation period in some other way.VIII. Place of performance and legal venue1. The place of performance for both parties to the contract is D-83413Fridolfing if the purchaser is an entrepreneur. For all disputes arisingfrom the business relations – including bill of exchange and chequeissues – in the case of business transactions with traders the legalvenue is D-83278 Traunstein.IX. Final clauses1. German law alone shall apply to the business relationship with ourcustomers; foreign law is excluded under all circumstances. The UNConvention on Contracts for the International Sale of Goods (CISG) isnot however applicable.2. If our customers export our merchandise to territories outside theFederal Republic of Ger-many, we assume no liability if third-partyindustrial property rights are infringed. The pur-chaser is obliged to paydamages caused by us exporting the merchandise if we did not supplyit explicitly for export purposes.All terms and conditions are valid at the time of publication, no separate notice of amendments shall be given.141