Provided that no other written arrangements between the parties – hereinafter called 'Supplier' and 'Orderer' – than those stated in the 'Contract' have been met, the completion of given orders underlies following delivery and payment conditions:
- The prices stated in Supplier's offer have a validity of four (4) weeks if all original terms and conditions of the order were not changed. Alterations caused on behalf of 'Orderer' will be charged separately. Repetition of test prints on behalf of 'Orderer' due to minor differences from the original pattern are considered as alterations. Drafts, designs, test prints samples and similar works in advance, if required by 'Orderer', will be charged even though the order has not been granted. If 'Supplier' gets delayed, a reasonable extension period has to be given in writing. After expiry of this period and without 'Supplier' having fulfilled his delivery obligation, 'Orderer' may withdraw from the contract.
- Delivery of products/articles under reservation of proprietary rights. The property of delivered products/articles passes on from 'Supplier' to 'Orderer' only after 'Supplier' has received payment on his account without reserve. Until then, 'Orderer' only acts as trustee for the 'Supplier' of the products/articles delivered.
- 'Orderer' is not intitled to put products/articles in pawn or to transfer them to a third person as a security. He is obliged:
a) to contradict any distraint of products/articles or any kind of interference in rights caused
by a third party and
b) to inform 'Supplier' about same. - Delivery from dispatch address the same as taking out an insurance covering transport risks and damages are for account of 'Orderer'. Liabilities concerning quality defects of delivered products/articles may be only claimed in writing within a warrenty period of 10 days after supply.
- Payment demands of invoice amounts have to be fulfilled within 30 days from invoice date – without any kind of deduction. In case of delay or even default of payment, a penalty fee of 5% over the basic interest of the European Central Bank is due and payable by 'Orderer'.
- Taking back of ordered products/articles is not possible.
- Contractual obligations of parties involved soleley underlay the Law and Rights of the Federal Republic of Germany.
- Place of Jurisdiction is Wiesbaden/Germany.
10/2009 – www.aero-dreams.com
