Sales and delivery conditions

1. Where no other written agreements have been made, the following sales conditions apply in all cases. They enter into effect by placement of the order.

2. Place of performance for the delivery and payment as well as the place of jurisdiction for both parties shall be Lüneburg.

3. "Circa" means delivery of 10 % above or below at the discretion of the seller.

4. Export and import prohibitions, seizing and disowning as well as any effects of force majeure, including strikes, riot, etc., shall release us from any obligation of liability or delivery.

5. For goods sold with unloading, on call and delivery, undamaged receipt of the goods, timely and proper performance by our purchasing contact is reserved.

6. When entering into a contract upon inspection of the goods by the purchaser, liability claims due to any defects shall be excluded.

7. Apart from this, complaints shall only be considered where they are reported without delay in case of obvious defects, and within six working days of receipt of the goods at the destination for concealed ones. We have the right, but not the obligation to make replacement deliveries.

9a. We reserve title in the object of delivery until receipt of all payments from the business relationship with the purchaser; in case of purchases against bills of acceptance, until clearing of the bill of exchange. The reservation of title shall also include the recognised balance where we post any claims against the purchaser in current accounts. If we take back the object of the delivery, this shall not include rescission of the contract, unless the provisions of the consumer credit act apply, or unless we have expressly declared so in writing. Seizing of the object of delivery shall always include rescission of the contract. In case of seizing or other third-party access, the purchaser shall inform us in writing without delay, so that we can raise a claim according to § 771 ZPO. Where the third party is unable to reimburse us for the court and out of court costs of the action according to § 771 ZPO, the purchaser shall be liable for the loss incurred by us.

b. The purchaser shall have the right to sell the object of the delivery on in the proper course of business; he hereby assigns all claims resulting against his purchasers or third parties from the further sale to us at the amount of the final invoiced amount (including VAT), notwithstanding whether the object of the delivery has been sold on without or after processing. The purchaser remains entitled to collect this claim even after the assignment. Our right to collect directly shall not be affected by this, but we commit to not collecting the claim while the purchaser properly meets his payment obligations and has not entered default of payment. In this case, we may demand that the purchaser disclose the assigned claims and their debtors to us, submits all documents associated with this and informs the debtor (third party) of the assignment.

c. Processing or re-formation of the object of the delivery by the purchaser shall always be performed for us. If the object of the delivery is processed with other objects that do not belong to us, we shall acquire title in the new object at the ratio of the value of the object of the delivery to the other processed objects at the time of processing. Apart from this, the object resulting from processing shall be subject to the same rules as the object subject to retention of title.

d. If the object of the delivery is inseparably mixed with other objects that do not belong to us, we shall acquire joint title in the new object at the ratio of the value of the object of the delivery to the other mixed objects at the time of mixing. If the goods have been mixed so that the object of the purchaser is to be seen as the main object, it is deemed agreed that the purchaser grant us prorated joint title. The purchaser shall keep the sole or joint property for us.

e. We commit to releasing the collateral due to us at the purchaser's request where their value exceeds the claims to be secured and not balanced yet by more than 20 %.

10. If the purchaser causes payments, we shall have the rights listed in § 43 and 46 of the German insolvency rules.

11. In case of original casings, we do not assume any liability regarding caliber.

12. For original packaging, the content indicated by the unloader is deemed binding.

13. In case of delayed payment, we shall charge the interest and expenses incurred by us for taking up bank credits, but at least the statutory default interest.