1.1 No variation from these General Conditions of Sale, especially the acceptance of conditions of purchase of Purchaser, shall be valid for us unless and until we confirm this expressly in writing.1.2 All our quotations are made without any legal obligation. Orders are valid only if confirmed by us in writing or if recognized by us through the act delivery. Unless confirmed in writing, any additional verbal agreements are null and void.
2.1 Unless otherwise agreed, any dates quoted for delivery are approximate only.
2.2 Our obligation for damage caused by default is strictly limited to the invoice value of the defaulting products. In case of slight negligence we shall be liable only in case we have violated essential contractual obligations.
2.3 If normal unloading times are exceeded, we reserve the right to invoice the Purchaser for any costs and hire charges we have to pay, due to a delay in the return of loading equipment, rental tanks and tank or bulk wagons.
3.1 Unless otherwise expressly agreed, prices are quoted „ex works“, excluding packaging.
3.2 The prices valid on the day of dispatch shall apply. Should the later be higher than the contractual price, the Purchaser is untitled to cancel the contract with regard to the quantities still to be delivered. Cancellation shall be made within 14 days after notification of said price increase.
3.3 The prices are quoted without V.A.T. (value added tax).
4. Force Majeure
4.1 Force Majeure comprises all circumstances and occurrences that are beyond the control of the contracting parties, despite all due managerial diligence. Said circumstances and occurrences shall suspend the contractual obligations of each party for the period of the disturbance and to the extent of its effects. Should the delays caused exceed a period of 6 weeks, both parties shall be entitled to rescind the contract, with respect to the contractual performance effected by such delays. No other claims exist.
5.1 Our invoices shall be due and payable within 30 days as from the invoice date, without any deduction. Payment shall be in Euro (€) to our bank account listed overleaf.
5.2 If a due date of payment has been exceeded, interest for default shall be due and payable at the usual debit interest rates, and be at least 3 % of the current discount rate of the Central European Bank. We reserve the right to claim further damages.
5.3 Should Purchaser be in arrears with payment or should there be reasonable doubts as to Purchaser`s solvency or credit rating, we are – without prejudice to our other rights – entitled to require payment in advance for deliveries not yet affected, and to require immediate payment of all our claims arising from the business relation.
5.4 Only uncontested or legally proved claims shall entitle the Purchaser to compensation or retention.
6.1 All our data, especially data relating to product suitability, processing and use, as well as to technical support, have been compiled to the best of our knowledge. The buyer, however must still perform his own inspections and preliminary trials.
6.2 The Purchaser undertakes to examine the goods immediately after delivery with respect to any defects concerning quality and suitability of purpose. Production tests should also be performed if feasible. Failure to proceed in aforesaid manner shall result in the goods being regarded as accepted.