Allgemeine Geschäftsbedingungen /
General Terms of Sale (Stand 30.09.2015)
1. Sales are made on the basis of the following terms of sale which are to be considered as accepted by placing orders with us. Other terms are only valid if accepted by us in writing and only for the transaction for which they were made. All verbal, telephonic and cable arrangements as well as agreements as well as agreements accepted by our salesmen, agents or representatives are subject to our confirmation in writing.
2. Offers are to be understood without obligation and are subject to the possibilities of manufacturing and delivery and to the right of prior sale.
3. Orders placed with us are in no case binding for us until confirmed by us in writing. Circumstances or force majeure release us from any delivery obligation. Orders placed with us firmly can only be cancelled with our consent in writing.
4. The prices are to be understood in EUR without obligation, ex factory, i.e. exclusive of costs for packing, shipment, insurance, etc. We reserve the right to charge higher prices without special notice i.e. as in vigour at the time of delivery. In case of any change in rate of exchange, all invoices showing prices in foreign currency are to be settled with the amount equivalent to the EUR value at the date of the invoice.
5. Times of delivery stated by us are to be considered as approximative and without obligation for us. Circumstances of force majeure, interruptions of manufacturing, etc., that may occur with us or with our suppliers release us from any promises. In such cases we are entitled to withdraw from the contract of sales or to fill it at a later date. Delays of non-fulfilment, however, do not entitle the buyer to claim damages or to cancel an order or to return goods.
6. We reserve a right of making partial deliveries and of claiming separate payment for same. Until such payments are received by us, we are not bound to continue shipping. In such cases, the buyer is not entitled to practise a right of retain or compensation.
7. Packing is charged at cost price. The packing materials themselves are not returnable.
8. Shipments are made in each and every case for account and risk of the buyer, even if shipping costs are prepaid by special arrangement.
9. Insurance of goods is covered by us, unless buyers are giving instructions to the contrary. We charge our costs price in such cases. We are, however, not bound to cover insurance against any transport risks.
10. Goods manufactured especially according to the indications of or against samples received from our buyers, the prices will be based on our costs process. Cancellation of such orders is only possible with our consent in writing.
Such goods cannot be returned by any means. We wish to stress that no liability or responsibility whatsoever is accepted by us for the injury of any patents or other legal protection for items for which buyers will send or will or will have sent us samples or descriptions etc. for manufacturing. We are not bound to examine whether any items orders as per such samples or descriptions etc. are subject to patent right or other legal protection.
11. Claims, if any, must be made not later than ten days after receipt of goods. We prepare or replace defective parts free of charge, at our option. Beyond this we accept no further obligation, in particular no liability for damages, for non-fulfilment, or for any other reasons, nor do we agree upon price reductions etc.
12. Terms of payment are subject to special arrangements must arrive without causing any losses of differences. All bill and discounting charges have to be paid by the buyer. Payments in foreign currencies will be credited only at the definite proceeds in Deutsche Mark (DM = German Marks). Any losses caused by devaluation for fluctuation of the currencies in questions have to be paid by the buyer, even if he paid before the currency in question became devalued or changed in any other way.
13. All good supplied by us remain our property until full value for the pending orders and for any goods supplied before or after, including interests and costs, is paid to us. Cheques and bills of exchange are only accepted in the place of payment. Claims of our customers for goods unpaid which they resold to a third party shall accordingly be considered assigned to us without any right of reserve. Our customer is entitled to collect these amounts himself until further notice is given.
14. All our catalogues, pamphlets, lists, drawings etc. remain our property and may be asked back at any time. It is not permitted to copy them or to hand them over to our competitors or other unauthorized individuals. If they are used with prejudice to our interests, we reserve the right to prosecute such actions us unfair competition. All illustrations and measurements given in our advertising material are not obliging. They are subject to alterations serving progress.
15. Place of fulfilment of contract and venue for delivery and payment, an for all actual right obligations, and claims whatsoever, is Storkow, Germany. This refers also to claims based on al bill of exchange or on cheques. In all cases German Law shall be applied for both parties. However, we shall be entitled to take legal proceedings against the buyer in his own competent court, at our option.
ROLAN INSTRUMENTS GMBH