| § 1 Scope The following general terms and conditions are element of contract for all our deliveries and performances. General terms and conditions of the customer which deviate from our general terms and conditions of sale and delivery are expressly objected. All agreements to this contract must be set down in writing; verbal agreements have to be proved by the customer. Our general terms and conditions of sale and delivery are sent out every year, are available from us upon request and can be seen in the Internet at www.deutsche-steinzeug.de/agb. They shall be valid for the business transactions in the respective period following. § 2 Prices, Rebates, Terms of Payment 1. The price lists valid on the day of the order shall be applicable. The price lists are sent out upon request and are available on the Internet at www.agrob-buchtal.de. We reserve a change of the prices according to our proper judgement, in particular if cost reductions or cost increases due to changes in the prices of our important raw materials as well as for gas and electricity or because of wage settlements occur. The changes shall always become effective at the end of a quarter if they were announced six weeks in advance. The prices can also be reasonably changed in the aforementioned sense after an order if a period of more than four months lies between order and delivery and we are not responsible for that. Rebates and discounts are only granted after special agreement. Freight charges included in the price or separately invoiced are not taken into account at the calculation. 2. All prices do not include statutory value-added tax. 3. Payment has to be made within 30 days from date of invoice. In case of advance payment a cash discount of 2% is granted; in case of payment within 14 days a cash discount of 1% is granted. The receipt on our account is decisive for the punctuality of payment. If periods of payment are exceeded, interest at the rate of 8% above the respective base interest rate shall be charged. Our representatives shall be authorized to collect only by power of attorney in writing. 4. The redemption of several debts receivable as well as of principal claims, interest and costs shall always be effected in accordance with § 366 section 2 and 367, section 1 of the Civil Code (BGB) despite any provision of the debtor which may deviate therefrom. 5. The offset against our claim by the customer is only possible if his counterclaims are legally effective or indisputable. The assignment of claims against us is excluded. The customer can exercise a right of retention only in so far as his counterclaim is based on the same contractual relationship. § 3 Period of Delivery Delivery dates and periods of delivery shall be binding only if they are expressly confirmed to be binding. Delivery dates shall be deemed met if the goods have been dispatched from our plant until the expiry of the period of delivery or, in the case that collection by the customer was agreed upon, if the customer has been informed that the goods are ready for shipment. A reasonable extension of a delivery period or date is to be allowed if circumstances cause a delay for which we can not be held responsible. Such circumstances include especially force majeure, labor disputes, subcontractor delays, delays caused by the customer (e.g. due to changes of the scope of delivery agreed upon on the part of the customer etc.) as well as other incidents on which we have no influence. We shall be entitled to make partial shipments. § 4 Passage of Risk Deliveries are made ex works. We shall however arrange for the transport of the goods to the customer. The risk shall pass to the customer as soon as the goods are transferred to the person responsible for transport. This shall also apply if partial shipments are made. If collection of the goods by the customer was agreed upon, the risk shall pass to the customer as soon as the goods are ready for dispatch. |