1. This is a non-binding offer.
2. The general terms & conditions of our contract partner shall only form part of the contract if they are recognized by us in writing at the time of conclusion of the contract.
3. The agreed price is ex works plus VAT, excluding packing and shipping. It shall be payable within 30 days of receipt of invoice, except where agreed otherwise.
4. The non-binding delivery period is 6 weeks from conclusion of the contract,
except where otherwise agreed.
5. The goods covered by the contract shall remain our property until payment has been made in full (retention of title). Our contract partner shall be entitled to sell and/or process the goods in the course of proper business activity. Our contract partner now hereby assigns the resulting claim to us by way of security up to the value of the goods delivered by us.
6. We have unlimited liability for willful intent and gross negligence. In case of minor negligence we shall be liable – except in case of injury to life, the person or health – only in case of breach of fundamental contractual obligations (cardinal obligations). The liability shall be limited to foreseeable damage or loss in standard contract situations, but up to a maximum amount of the order value. Liability for indirect and unforeseeable damage or loss, suspension of production and use, lost profit, unrealized savings and financial losses on grounds of claims by third parties shall be excluded in case of minor negligence – except in case of injury to life, the person, or health. Liability of greater extent – irrespective of the legal character of the asserted claim – shall be excluded. The aforesaid limitations or exclusions of liability shall not however apply to liability which is prescribed and mandatory in law and independent of fault (e.g. under the German product liability act) or to liability arising from a warranty and independent of fault. In cases where the liability as defined above is excluded or limited, this shall also apply to the personal liability of salary and wage earners, representatives, corporate bodies and persons working for the contractor.
7. The law of the Federal Republic of Germany shall apply with exclusive effect, excluding also the United Nations CISG Convention. The courts at Frankfurt am Main shall have jurisdiction for all disputes. Any possible alterations and additions, and oral or also written supplementary agreements shall only be legally binding if they are confirmed by us in the form of a written addendum to this contract. Failure to respond to proposals, demands, supporting documents, or letters of confirmation from either contracting party shall in no case be deemed consent.
8. Should one or more than one of the above-stated provisions become void or invalid, this shall not affect the validity of the remaining provisions. In this case a provision which comes as close as possible, in legal and economic respects, to the intended purpose of the void or invalid provision shall be deemed agreed between the contracting parties. Should there be an omission from this contract, the provision which, according to the point and purpose of this contract, the contracting parties would have agreed on if they had considered the matter at the outset shall be deemed agreed.
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