Sales and delivery conditions

• 1. Prices
  Unless otherwise agreed between the two parties all prices stated are strictly net in EURO for delivery ex works, and do not include packing and freight charges. The packing will be charged at cost price. Increases in price taking place after the sales and delivery contract has been concluded are for the account of the purchaser as long as they do not exceed the usual increase rates. Such price increases will be necessary when additional costs of materials and rates of pay and incidental wages costs arise at the time of delivery.
   
• 2. Time of delivery
  Promised times of delivery are not to be regarded as a fixed time for delivery. However, we shall endeavour at all times to keep the promptness of delivery. In case of delays in the delivery the purchaser has to hold us in delay by writing for a reasonable period of time but not less than one month. The purchaser is entitled to withdraw from the contract only if we still have not effected delivery of the ordered articles within the time stipulated by the purchaser.
   
• 3. Forwarding terms
  All consignments will be dispatched for account and risk of the purchaser. Unless otherwise instructed by the purchaser the articles sold will be dispatched by any means of transport at our discretion. However, we do not take any responsibility for the cheapest means of transport. Insurances of which the expenses are for the account of the purchaser will only be taken out on express request.
   
• 4. Terms of payment
  The stated times of payment start from the provision/dispatch of the goods from the place of delivery. Receipt of payment is subject to the credit advice of our bank. In case of delay in payment interests payable on delay of 2% above the official rate of discount of the Federal Reserve Bank will be charged. The purchaser makes delay in payment if payment has not been effected 7 days after a request for payment has been sent to him by us. We are entitled to a request for payment immediately after the expiry date.
   
• 5. Reservation of ownership
  All articles delivered will remain the property of the seller until they have been paid in full by the purchaser and all claims of previous and future deliveries from us are completely settled. The purchaser is entitled to resell our articles only within the course of an ordinary and normal activity of
  business.
  
  As to the reservation of ownership the following will be valid:
  
  a) In case of reselling our articles in an unfinished state the purchaser
  assigns his claims against his customer to us in the amount of our
  claims to him. In case the purchaser collects the claims assigned to
  us directly from his customer he will transfer these claims to us.
  
  b) In case the purchaser is processing our articles supplied so that
  legally a new article is made we will acquire a proportional common
  ownership on the new articles under the proviso that the purchaser
  deposits the new articles for us.
  
  c) We acquire a common ownership on the new article ad valorem or
  in percent of the value of our articles supplied. In case of sale of the
  new article the purchaser assigns his claims against his customer to us
  in the value of our proportional common ownership. In case the
  purchaser collects the claims assigned to us directly from his customer
  the aforesaid (assignment of future debts clause) applies accordingly.
   
• 6. Notice of defect
  Defects have to be notified in writing immediately or latest 7 days after receipt of the articles supplied. We are principally entitled to remedy justified defects within a delay of one month. The purchaser can only claim for diminution if we cannot remedy the defects or if we cannot carry out the repair within the given time. The purchaser can only withdraw from the contract if the defect article cannot economically be used.
   
• 7.
  Liability claimes of defects other than stipulated under para 6 (consequential damages) are excluded if in accordance with a judicial decision.
   
• 8.
  For the rest, the conditions of the "Allgemeine Lieferbedingungen für Erzeugnisse und Leistungen der Elektroindustrie" are valid.
   
• 9.
  For both parties the place of performance and jurisdiction is Stuttgart.