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    About EMC
       General Sales Conditions

    General
    The following conditions are contractually accepted by the purchaser by his placing of an order. An alteration of these conditions is only binding upon us, if we expressly confirm this in writing. Silence on our side to the customer’s condition is under no circumstances an acceptance or agreement. The contract exists only after we have confirmed it in written form. For immediate deliveries and deliveries of low value the invoice substitutes the order confirmation.

    Offers
    The prices, terms of payment and delivery times quoted in our offers are without obligation on our part. Drawings, illustrations, measurements or other performance data are only obligatory, if this is explicit agreed upon by written manner. We reserve the right to make minor alterations or technical improvements and consequent price changes also for binding contracts. We reserve copyright and ownership on our offers, drawings, data sheets and other literature. It is not allowed to make these available to third parties.

    Deliveries
    Delivery dates or delivery times, which can be agreed upon obligatory or not obligatory, require written manner. The delivery date begins after having cleared up all execution details and pre-conditions we have to fulfill.
    Force majeure, lack of raw materials, failure of our suppliers or any other influences causing production difficulties - whether in our works or those of a supplier - release us from the obligation to maintain the delivery time.
    Claims for damages caused by not keeping delivery times cannot be placed. The right of the purchaser to withdraw after uneventful termination of a deadline set by us is not impaired.

    Dispatch
    Dispatch will be effected on account and in every case on risk of the purchaser ex works. The kind of dispatch and package is left on our discretion and is effected according our calculation in default of customer’s instruction.Eventual insurances have to be carried by the purchaser. We are only obliged to insure purchaser’s goods against transportation damage or loss upon the express of the purchaser. The risk will devolve upon the purchaser as soon as the consignment has been delivered up to the person, which executes the transport or has left the stock of the company (we) for the purpose of utilisation. If dispatch will become impossible without the company’s (our) responsibility the risk will evolved upon the customer with announcement of the dispatch readiness.

    Warranty
    We grant a warranty of 24 months for the accurate execution and function of the delivered parts concerning faults and defects, which provably became defective as result of inferior material, faulty construction or insufficient manufacturing. The purchaser has to allow us sufficient time and opportunity to fulfill the guarantee. Replaced parts become our property. Responsibility is limited exclusively to the parts supplied. Further responsibility for any other damage, down times or other purchaser’s costs cannot be accepted. The guarantee terminates, if the purchaser fails to put the supplied part at our disposal - within a reasonable period of time - within the guarantee period for correction of the fault already recognized by us.

    Exchange of ordered and supplied goods
    We point out to our customers that with the exchange of ordered and  correctly supplied goods the customer has to bear a self-proportion of 70% of the value of the goods plus transport costs.

    Limitation of liability
    Claim for damages for reason of impossibility of production, of positive breach of claim, of fault on conclusion of the agreement, of warranty rights and of unauthorized business are out of question against the company (we) as well as against their realization respectively performance assistants, as far as there exists no intentional or gross negligence way of acting.

    Prices and terms of payment
    The prices are those valid on the day of delivery. The price basis is ex-works, excluding packing (will be charged in a lump sum) even for part-deliveries and urgent consignments. The minimum amount invoiced is € 50,00 plus freight and a lump sum for freight and packing.
    Domestic orders: Deliveries in Germany are effected ex works by parcel service.
    Freight and packing will be charged according to expenditure.
    Export orders: Deliveries to other European countries are effected by parcel service, forwarding agents or by parcel post depending on the weight of the consignment. Freight and packing will be charged according to expenditure. Deliveries to non-European countries are effected by parcel post or air freight. Freight and packing will be charged according to expenditure. Any special type of packing required by the orderer will be subject to an extra charge. Packing specially requested by the purchaser will be invoiced separately.

    Our terms of payment: For cash payment within 14 days we allow 2% discount. For payment within 30 days we invoice net. The date of invoice is valid. In case of overdue payment - regardless of further rights - we charge interest at 2% over and above the current rate of discount of the German national fiscal bank. The calculation of this is based on the beginning of each month following termination of the 30 days payment period.

    Ownership Reservation
    To fulfill all the demands which accrue to us for any legal reason against the customer or will accrue in future, we reserve the right of ownership of the goods supplied. Processing or reformation are always carried out for us as the producer, but without any obligation on us. If our (co-) ownership expires by connection, it is already agreed that the (co-) ownership of the customer in the uniform object is transferred proportionately (invoice value) to us.

    The customer protects the co-ownership without compensation. He is empowered to process and to sell the goods under reservation in ordinary business, as long as he is not in default. Mortgages or transfer of security are not admissible. The demands which arise from further sale or any other legal reason (affirmation, unauthorized actions) with respect to the goods under reservation (including all balance sheet demands from the current account) are assigned to us by the customer now for the sake of security in full. We authorize him irrevocably to collect the demands assigned to us for our account in his own name. In the event of third party attachment to the goods reserved, the customer will draw attention to our ownership and will inform us without delay.

    Place of fulfillment and place of jurisdiction
    Place of fulfillment for all liabilities deriving from the contract is the company’s registered office Grosswallstadt. The competent court of law is the County Court (Amtsgericht) Aschaffenburg.
     



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