Partial Shipment Agreement

14 décembre 2020

In the absence of explicit agreements to the contrary, partial or partial deliveries are permitted. Each partial or partial delivery is considered a separate contract. Tolerances in quantities of up to 10%, calculated on the basis of the total quantity and not the individual quantities to be supplied, are permitted. As long as the buyer is late in payment or his creditworthiness is threatened, we are entitled to withhold further deliveries. Our additional rights are not affected by this request. Delivery conditions or other information on price lists, in prospectuses or orally are not binding. Only confirmation of the sale is valid. We undertake to immediately inform the buyer in the event of a delay in the terms of delivery stipulated in the contract (which are not considered fixed deadlines, unless written agreement is reached). In this case, the buyer must set a reasonable time frame. If the seller is late, claims are limited to 10% of book value.

Section 11, below, is reserved. Interruptions in the operation of parties or third parties, delivery delays, supply defects, lack of raw materials or energy, traffic disruptions when such events were not foreseeable, as well as wars, disturbances, strikes, lockouts, administrative decisions and other cases of force majeure free the relevant party from its obligations, including the obligation of delivery or acceptance, as long as the interruption continues and to the extent that it affects the party. If delivery or acceptance is delayed by more than a month, the buyer and seller agree on the procedure. In the absence of an agreement, an appeal may be lodged at the earliest after an additional month before the competent court in accordance with Article 11 below, which then decides. All transactions are governed by the freight, insurance, duty and tax rates in effect at the time of orders. Changes to these rates are debited/credited to the buyer`s account. The offers from us are not binding. The price indications and technical specifications in our price lists and prospectuses are not binding, unless there is a written agreement to the contrary. An order is deemed accepted only if we confirm it in writing. If the buyer requires a short-term delivery without our written confirmation and we agree, the buyer agrees that the invoice, including these Terms of Sale and Delivery, is the basis of the contract. Until the full payment is received, the merchandise remains our property.

The buyer allows us to seize property rights if necessary for the protection of the property. We only take back packaging and transport materials if there is a legal obligation to do so. The buyer agrees to transfer the packaging materials at his own expense. Payment is made within 30 days of the date of the invoice, unless otherwise agreed. At the end of the payment period, the buyer is late without additional warning and interest is due (3% above the LIBOR rate at 3 months depending on the payment currency).