Références Certifications / Brevets La Suisse applique actuellement aux systèmes de filtres les exigences européennes de qualité et de performance les plus sévères. Dans le cadre du contrôle de filtre VERT les filtres sont soumis à de sévères épreuves. Uniquement les types de filtres répondant aux exigences du contrôle en laboratoire de même que l'essai sur le terrain avec plus de 2000 heures de service sont énumérés dans la liste VERT et peuvent être vendus sur le marché suisse. Tous les systèmes de filtres de la société Huss <strong>Umwelttechnik</strong> répondent aux impératifs de ce standard et sont certifiés VERT. Par ailleurs, divers brevets et droits de protection brevetés témoignent du savoir-faire avancé de la société Huss <strong>Umwelttechnik</strong> <strong>GmbH</strong> dont jouissent tous nos produits et leur productivité. 32
Conditions générales <strong>HUSS</strong> <strong>Umwelttechnik</strong> <strong>GmbH</strong> I. GENERAL (1) Factual and Personal Scope The following regulations shall apply to all our deliveries and works (including extra works) provided to employers in accordance with § 14 BGB, to legal entities of public law and to public-legal special properties. They shall not apply to legal conditions with consumers in accordance with § 13 BGB. (2) Exclusion of External Terms of Business Differing business terms of the purchaser are herewith contradicted. They shall not be obliging to us even if we do not definitely contradict again after reception of them. Our terms and conditions are deemed to be accepted upon placing the order, respectively, upon receipt of the order confirmation, but at the latest upon receipt of our delivery. (3) Validity Should individual regulations of these terms be or become invalid, the effectiveness of the remaining regulations shall not be affected. In case of invalidity of one regulation, a valid regulation is deemed to be agreed which comes closest to what is economically intended. (4) Written Form Divergences from the following terms, other changes or amendments of the order need our written confirmation in order to be valid. This shall also apply for the term of written form itself. II. Order (1) Written Confirmation Our offers are not binding unless an order placed on the basis of the offer has been confirmed by us in writing. Each order requires our written confirmation to be legally accepted. In case of deliveries without written confirmation our invoice is considered to be the order confirmation. (2) Contents of the Order We reserve the right of proper technical and formal modifications of the goods ordered, unless the technical function, the normal use and the value of the merchandise will not be reduced or only in an insignificant way. Should, in single cases, the acceptance become unreasonable for the purchaser due to such modifications, he shall have the right to withdraw from the order. Any further rights are excluded. (3) Technical Data The technical data mentioned in our offers, drawings and sketches are approximate values, unless they are called to be binding in writing, definitely and provided with tolerances. Besides, only the relevant technical regulations of acceptance and safety of the manufacturer's country are decisive for our deliveries. III. Duty of Delivery (1) Reservation of Own Delivery In time and proper delivery to us of the necessary goods and materials is a precondition. In case of permanent hindrance due to reasons beyond our control, especially force majeure, strike, lockout, prohibitions of import and export, hindrances in transportation, official decrees a. s., we shall be entitled to withdraw from the contract excluding any claim of compensation. An important change of the capability of delivery, pricing or the quality of our suppliers or of the performances of other third parties on which the due execution of the order placed with depends considerably, shall us also entitle to withdraw from the contract excluding any claim of compensation. (2) Partial Delivery, Excessive or Insufficient Deliveries Partial deliveries are admissible and shall be considered as independent delivery as to payment and claims. We shall be entitled to partial deliveries up to 10 % of the quantity ordered, unless this shall be unreasonable for the customer. (3) Considerable Decline of the Customer's Financial Circumstances Should an important decline in the customer's financial circumstances happen after the conclusion of the contract or should such circumstances existing already before the conclusion of the contract come to our knowledge afterwards, it shall be our choice to withdraw from the contract or to claim immediate payment of all unsettled invoices, even if the amounts invoiced had been wholly of partially deferred before or if they had been paid by bill of exchange. Such a decline shall especially the worse assessment by an economic enquiry agency, protests of bills and of cheques, seizures, cessation of payment, opening of insolvency proceedings such as the refusal of the opening due to insufficient assets. Shouldn't we withdraw from the contract in spite of a decline in financial circumstances, we shall only delivery stage by stage and against payment, in case of larger orders, only against advance payment. IV. Delay of Delivery (1) General Terms concerning Delays of Delivery Unless otherwise agreed, all indications concerning delays of delivery shall be considered to be approximate and non-binding. The delay of delivery shall be considered to be duly prolonged if it cannot be met due to circumstances beyond our control. Generally, a prolongation of one month shall be appropriate, unless a shorter delay has been agreed in writing under consideration of mutual interests. <strong>Umwelttechnik</strong> Nous filtrons les gaz d’échappement. (2) Delivery by Fixed Dates Obliging fixed dates or fixed delays of delivery can only be agreed upon by writing and have to be especially mentioned. Delays of delivery start with the date of our written order confirmation, but not before having clarified all details as to the execution of the order and other pre-conditions the customer has to provide for the due fulfilment of the contract. Dates of delivery shall be treated correspondingly. (3) Duties of Cooperation The customer shall be obliged to provide all data, documents and other indications required for the execution of the contract together with the order, but at least immediately after having placed the order. If such documents and data are not received in time, the customer shall not have the right to refer to the keeping of dates and delays of delivery. In such a case, claiming of a compensation for the delay shall be excluded. The date or the delay of delivery shall be considered to be duly prolonged. V. Passing of Risks (1) Passing of Risks with Shipment The risk of sinking and deterioration of the delivery shall be passed on to the customer as soon as the delivery has left our works. This shall also apply if the shipment will be realized at our expenses or with our means of transportation. The shipment shall in any case be made on the customer's risk, even if a delivery free of charge has been agreed upon. (2) Passing of Risks upon Announcement of Readiness for Dispatch If the delivery shall be delayed on request of the customer or due to reasons beyond our control, the risk shall pass on to the customer with the announcement of readiness for dispatch. VI. Prices (1) General Terms of Prices Our prices are ex works not including packing and V.A.T. Fixed prices require a written confirmation. Unless otherwise agreed, our prices are to be understood in Euro for all deliveries, even outside the European Currency Union. (2) Adaptations / Increases of Prices Our prices are without engagement. We shall be entitled to adapt and / or to increase prices if our supplier increases his sales prices, if unimportant rises in price happen due to modifications in exchange rates, customs or similar fiscal treasury burdens, or if there is a period of more than one month between the order (calling order) and the delivery, if a new price list became valid within this period. An adaptation / increase of prices shall not be possible if it is unreasonable for the customer. (3) Packing and Packing Material Packing and packing material shall be at the customer's expenses. Packing and packing material shall be taken back by us. The costs for the transport back shall be at the customer's expenses. Return of packing of all kind shall be excluded for deliveries outside of Germany. VII. Terms of Payment (1) Periods of Payment Unless otherwise agreed, the amounts invoiced are payable net within 30 days starting from the date of the invoice, or within 14 days with 2 % discount. (2) Interests Payable on Arrears In case of arrears of the customer, the latter has to pay interests of 8 %-points above the basic interest of the European Central Bank, subject to the enforcement of further damages due to delay. (3) Payment by Bills of Exchange and by Cheque Bills of Exchange shall only be accepted upon special agreement and shall - like cheques as well - be taken for payment only and subject to our acceptance in single cases. Discount and other expenses have to be borne by the customer. (4) Other Services in Return Delivery shall be made subject to the customer's credit-worthiness and solvency. Delay in payment, non-cashing of cheques or bills of exchange, stopping of payments, start of proceedings serving for the regulation of debts, non-observance of terms of payment, worse financial rating by an economic enquiry agency and circumstances suitable for reducing the credit-worthiness of the customer shall us entitled at any time to modify the terms of the contract in a reasonable way and to withdraw from the contract after definitive refusal of performance. (5) Setting Off and Right of Keeping Back The customer shall have the right of setting off and keeping back against our payable claims due to own counter claims only to the extent of legally stated or written, accepted claims. VIII. Reservation of Ownership (1) Agreement of the Reservation of Ownership The supplied merchandise (goods under reservation) shall remain under our ownership until all our claims against the customer resulting from the business relationship have been fulfilled. Bills of exchange and cheques shall be considered as payment only after having been cashed. (2) Extended Reservation of Ownership In case the customer processes or connects our goods with other goods not belonging to us to get new goods, we shall be entitled to a joint ownership of the new goods in relation of the value of the goods under reservation to the value of the other processed and / or fit goods at the time of processing and / or connection. The joint ownership resulting for us shall be considered to be goods under reservation in the sense of present regulations. 33
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