1. Quotation, delivery and packaging
1.1. Our quotations are conditional unless otherwise agreed in writing. Obvious misspelling or miscalculation entitle us to rescind the Contract. We reserve the right of technical modifications to an extent acceptable for the customer.
1.2. Our deliveries and services are provided exclusively on the basis of the following terms. Conditions to the contrary are only valid if accepted in writing.
1.3. Our prices are valid ex manufacturing plant and exclusive of the costs of packaging and transportation, carriage, goods inspection, customs, LC and other bank fees as well as importation sales tax and the like, and exclusive of the VAT applicable at the day of delivery.
1.4. Orders are deemed accepted when duly acknowledged. The written acknowledgement is relevant for the scope of delivery. The delivery time begins on the day of the order acknowledgement, it shall be reasonably extended in case of the occurence of obstacles caused by Force Majeure. This includes legal strikes and lock- outs. This also applies if unpredictable obstacles and circumstances occur on the side of suppliers.
1.5. If we fall behind with firmly agreed delivery times, the purchaser shall only have a right to withdraw from the Contract if he grants us a reasonable period of grace with a threat of refusal after we have already in default. The purchaser shall only be entitled to claim damage for non-performance if the default was caused by a deliberate or grossly negligent contractional violation. Claims for a fixed-date business remain unaffected by this provision; this also applies if the customers is discontinued by reason of a default for which we are responsible.
1.6. Unless otherwise agreed upon in writing, the delivery time shall be deemed observed if at the time of ist lapse the object of the delivery has left the factory or readiness of deliver has been announced.
1.7. Unless otherwise agreed upon in writing, all deliveries shall be made on the account and risk of the purchaser, i.e. the risk is transferred onto the purchaser as soon as the delivery has been handed over to an external carrier or the recipient.
1.8. Immediately upon receipt, all deliveries shall be checked for completeness and damage. Established damages have to be communicated immediately to the carrier involved, together with the request for establishing the facts. Delayed complaints are not binding on us.