CABLES AND WIRES - Meinhart Kabel Österreich Gmbh

Delivery and payment conditions
1. Conclusion
Our deliveries take place exclusively in accordance with the following conditions. Purchasing conditions of the customer are
herewith excluded. We are not obliged by these, also if these have not been expressly excluded at the time of contractual
agreement. Agreements that deviate from the following delivery and payment conditions require our written confirmation in order
to become legally effective.
2. Prices
All prices detailed by us are subject to change. Prices are net and are subject to the applicable sales tax, although exclude unloading.
The basis for the price calculation is our valid price list.
3. Price terms
Unless otherwise agreed, prices are ex works St. Florian. The costs for any collection are borne by the customer. The price
terms include ring packaging. In the event of goods sent on drums or in boxes, point 9 applies.
4. Price basis
Prices applicable on the day of delivery apply plus sales tax.
The prices include a base copper price of EUR 130.00 per 100 kg of copper, a base price for aluminium of EUR 100.00 per 100
kg aluminium and a base lead price of EUR 50.00 per 100 kg of lead. The final prices are derived from the metal surcharges
and discounts according to the metal, on our homepage (www.meinhart.at) published, (MKÖ) quotations.
5. Reservation of delivery
All delivery agreements on our part are subject to timely delivery to ourselves. Part deliveries are permissible.
Delivery excesses and shortages of up to 10% of the order quantity are possible. All data regarding diameters and weight are to
the best of our knowledge; unless otherwise agreed these are non-binding and approximate. Goods are expressly subject to
deviations in the construction due to fabrication or raw materials, as well as changes that do not influence the technical useability
and serviceability.
6. Delivery periods
Unless otherwise expressly agreed, no fixed periods are confirmed by us. Where we are unable to meet with a delivery date for
reasons which are beyond our control, the customer is initially required to confirm in writing an extension to the delivery period of
a further 4 weeks. If we fail to meet with this delivery date through fault of our own, the customer is entitled to withdraw from the
contract.
Our delivery periods only commence on the day upon which complete clarification of the order takes place. In the event of force
majeure or unforeseen circumstances affecting the raw materials market, our delivery periods shall be halted until such circumstances
have been rectified. If the interruption lasts for more than 3 months, both contracting parties are entitled to withdraw
from the contract. If the delivery period should extend under the aforementioned circumstances or if we are released from delivery
obligations, any entitlement to damages on the part of the customer is inapplicable.
7. Terms of payment
Our invoices are payable within 30 days of the date of invoicing without any deductions. Unless otherwise agreed, the customer
is entitled to make payment within 14 days of the invoice date and deduct a 3% discount for doing so. However, discounts can
only be applied if the customer is not in arrears with his remaining payment obligations.
By exceeding the 30 day payment term, the customer falls into arrears without the issuance of a reminder.
Offsetting, reductions or executing the right of retention is only permissible against our invoices where the counterclaim is legally
effective or undisputed. If the customer does not comply with our delivery or payment conditions or where misgivings exist regarding
punctual payment, this entitles us to withhold outstanding deliveries or make these dependent on securities or prepayment.
In the event of arrears, delayed payments are subject to interest at 3% above the Lombard rate, although a minimum 8%. We
reserve the right to raise additional claims for damages. In the event of tardiness, the buyer agrees to reimburse the supplier/vendor
for costs incurred during the reminder and collection process by the credit collection agency (Kreditschutzverbandes
von 1870).
We shall only accept bills and cheques as payment on arrangement and without cost to us. We are not liable for punctual bill
presentation and for protesting.
Irrespective of the term of any accepted and discounted bill and irrespective of the agreed payment terms, all of our demands fall
payable immediately if the customer’s person should encounter circumstances that reduced his creditworthiness, such as the
unwarranted non-payment of an outstanding invoice for example.
8. Retention of title
8.1. Until all (also balance) payments have been received from the customer, comprising those to which we are entitled either now or
in the future from the customer or his company group for any legal reason, the following securities shall be guaranteed to us. On
demand we shall release our selected apportion of said securities if these exceed the value of our receivables by more than
20%.
8.2 The goods remain our property. Processing or alteration always takes place for us as supplier, although without any obligation
on our part. Should our (co)ownership expire due to combination, it is hereby agreed that the co-ownership of the actual product
held by the customer shall pass to us on the basis of percentage value (invoice value). The customer shall store the goods supplied
by us or the (co)owned processed goods free of charge.
8.3 The customer is entitled to process and sell well subject to the retention of title (or processed goods under co-ownership) within
the scope of orderly business activities if he is not in arrears. Pledging or transferring by way of security is impermissible. Any
receivables arising from the goods subject to retention of title due to the onward sale or on any other legal grounds (insurance
etc.) are hereby transferred to us in full by the customer for security purposes. The customer irrevocably entitles us to collect the
transferred receivables in our name, whereby the costs incurred shall be borne by the customer. On request by us, the customer
is required to disclose the transfer and provide us with all of the requisite information and documentation. The customer is
obliged to inform us of any global or partial cessions, in particular pertaining to banks or factoring banks.
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