Conditions of Purchase

2. If our contractual partner has not confirmed the order in writing within one week of delivery (order acknowledgment), we reserve the right to cancel the order without us being liable for the costs incurred. This does not apply if the service has already been provided.

3. The agreed prices are binding. Price increases due to subsequent increased costs will not be met. Price increases require our written approval. Unless otherwise agreed prices cover additional costs such as planning costs, material inspections, charges etc.

4. Our delivery schedules are binding and must be met. The delivery is considered to be on time if has arrived, in full, at the prescribed location.

5. As soon as the contractual partner realises that a delivery cannot be made in the agreed time limits they are obliged to inform us without delay. After a reasonable period of time has elapsed and the service has still not been provided, we are entitled to withdraw from the agreement. This also applies in cases of force majeure and service interruptions in so far as they effect delivery dates. Moreover, in the case of our contractual partner defaulting on the delivery, we are entitled to the legal rights.

6. Unless otherwise agreed, the costs of packing and shipping are borne by the contractual partner. The risk of accidental destruction or deterioration of the goods becomes our responsibility once the goods have been received at the location specified by us.

7. Payments will be made, unless otherwise agreed, within 14 days of the receipt of the delivery and on production of an invoice with a 3% deduction, or after 30 days without any deduction.

8. The contractual partner is responsible for providing a state of the art service, without defects that may nullify or diminish the value or fitness of the goods for their normal purpose or for a specific purpose that has been contractually agreed.

9. In case of defects we are at liberty to claim the statutory compensation provisions, replacement or repair. If such claims are valid, the contractual partner is obliged to satisfy these claims at no additional cost to us. If the repair is unsatisfactory, or if it is refused, we retain the right to claim compensation due to non-fulfillment or to cancel the contract completely or in part. Moreover, we are entitled to make use of all other relevant legal claims.

10. We are entitled to raise complaints of defective, incorrect, or incomplete deliveries within one month after the passing of risk period. If grounds for complaint only arise after the processing or use of the service then we are entitled to raise a complaint within one month of the defect being discovered.

11. In the case of delivered goods we accept, with a specific written request on behalf of the contractual partner, a retention of title in their favour. However, an extended retention of title is not acceptable in case of use, dilution or further disposal on our part.

12. Assignment of claims against us will not be entertained. Raising counter-claims in response to our claims or exercising the right to commercial lien is only permitted if the counter-claim is recognised by us in writing or it is declared as legally valid.

13. In so far as the contractual partner is entered in the commercial register, our company location is the place of jurisdiction for all disputes arising from the delivery contract.

Schneider Leichtbau GmbH, 79110 Freiburg i.Br. Status: August 2006
 
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