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General terms and conditions

§1 Area of application

1.1 These general sales terms apply to all our offers. May the purchaser deviate from these terms then this will only be agreed upon emphatically by writing on the side of AS-KA.
1.2 By placing an order or approving delivery, the customer accepts the validity of our general sales terms not only for that transaction but also for all future transactions.

§ 2 Offer and contract conclusion

2.1 Our offers are subject to change. Contracts and verbal agreements are only valid if confirmed by us in writing. Offer relevant documents such as illustrations, drawings, etc. are only to be regarded as being in the exact right weight and proportions when this is explicitly confirmed by us in writing. We preserve the right of ownership on all related files and documents, such as calculations, drawings etc. These documents may not be made available to third parties, unless we give the customer our express written consent. If the order is not granted, these documents must be returned to us immediately.
2.2 If an order is considered as an offer according to § 145 BGB, then we can accept it within 2 weeks. We reserve the right to reject orders without stating a reason.
2.3 Orders by phone are immediately confirmed in writing by the contracting authority, as we do not guarantee liability for the accuracy of deliveries according to orders done merely by telephone.

§ 3 Extent of the delivery obligation

Extent, type and time of delivery issued on the written order confirmation is decisive. Partial deliveries are permitted.

§ 4 Delivery time

4.1 The start of the delivery period presupposes the timely and proper fulfillment of the obligations of the customer. The right on defense of breach of contract is reserved.
4.2 May we experience any delay in payment or violation of other cooperation obligation then we are entitled to claim compensation for damages incurred by us, including any additional expenses. Further claims are reserved. Provided the above conditions are met, the risk of accidental loss or accidental deterioration of the sold goods is for the buyer at all times, who either accepts the deviation or pays for its substitute.
4.3 If the delivery date may not be complied to due to unforeseeable circumstances or force majeure, which we could not prevent, in spite of the care offered by us, then the delivery date is to be altered, to for example after machinery malfunction, without leading to any consequences for us. Alternatively, we reserve the right to cancel the contract. When the same circumstances arise for contracting entity, then the same legal consequences apply for its purchase obligation.

§ 5 Risk during shipment

With the dispatch of the goods to the buyer, at the latest when leaving the factory or warehouse, the risk of accidental loss or accidental deterioration passes on to the purchaser. This applies regardless of whether the goods are shipped from the place of performance or who bears the freight costs.

§ 6 Prices

6.1 Unless otherwise agreed in writing, the prices at the delivery date are excluding packaging and including VAT.
6.2 Freight, packaging, insurance and other charges, including any charges for the payment destination documents shall be borne by the buyer.
6.3 A different written agreement on freight and packaging costs, etc. with a minimum order value of at least 3.000, - € per order is expressly reserved.

§ 7 Terms of payment

7.1 Unless otherwise agreed in writing, the purchase price is to be paid within 8 days with either a 2% discount or within 30 days after the invoice date. Delays in delivery of goods for which we are not responsible, shall not postpone the due date of the invoice.
7.2 Discount will only be granted if no other invoices are still to be paid.

§ 8 Interest on late payments

8.1 Interest shall be in accordance with § 288 of the German civil code, therefore 8% shall be charged on top of the base rate of the European central bank. The right to claim higher damages is expressly reserved.
8.2 Bills of exchange are not accepted by us as payment. Cheques are accepted merely as a payment but we do not conduct cheque payments ourselves.
8.3 Unless a fixed price agreement has been agreed upon, reasonable price changes due to changes in labor, material and distribution costs for deliveries can be made three months later, or are reserved after the contract.

§ 9 Reservation of proprietary rights

9.1 Until payment for all claims of the business relationship between the buyer and the seller have been conducted, the delivered goods are still property in of the seller. The reservations of title also cover all future claims by the supplier, or claims initiated by a transaction legal transaction business relationship.
9.2 The purchaser is entitled to resell the delivered goods in the ordinary course of business. The buyer is obligated to pay the full amount including VAT, as long as this has not been done, we keep the right of possession on the goods and therefore the buyer cannot resell the goods without our permission. This goes regardless of whether the goods are to be resold without or after processing of the order. The buyer stays obliged to pay the debt, also after the transaction. Our right to collect the claim ourselves remains unaffected.
9.3 Alteration of the product by the buyer shall always and only by order of the seller. In this case, the expectant right of the purchaser on the altered goods continues to exist. If the purchased item is processed with objects not belonging to us, we acquire co-ownership of the new item in the proportion of the objective value of our goods compared to the other processed items at the time of processing. The same applies in the case of mixing. The seller hereby accepts this obligation.

§ 10 Warranty and defects

10.1 Warranty rights for the customer require that they have fulfilled their obligation according to § 377 of the German Commercial Code and therefore have properly inspected and complained about the goods. According to this provision, the buyer must inspect the goods immediately upon delivery by the seller to an extent feasible in the orderly course of business. When the goods have a defect, the buyer is obliged to inform the seller immediately. Unseen defects have to be reported immediately after discovery. br /> 10.2 When a complaint is justified, the seller is obliged to either correct the deficit or to deliver a non-defect item.
10.3 Claims by the buyer in terms of supplementary performance, in particular transport, travel, labor and material costs. For the rest, everything remains as in the statuary provisions.

§ 11 Further regulations

11.1 The place of performance and the exclusive place of jurisdiction for all disputes arising from this contract shall be at the seller’s location (Official u. District Court Krefeld) unless stated otherwise in the order confirmation.
11.2 The applicable law of the Federal Republic of Germany shall apply, unless agreed upon otherwise.
11.3 May any provisions in this contract be or become invalid or contain a gap, then that provision will become invalid. The remaining provisions shall remain unaffected. All parties involved commit themselves to replacing the invalid provision with a legally valid provision which most closely approximates the economic purpose of the invalid provision or gap.

Please note that this is merely a translation and may deviate from the official German document. When there are differences, then the German version shall be valid.