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China 2018
 
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2018
 
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November 13.-16., 2018
 
Messe Munich
 
Terms of sale and terms of delivery
of SRT Resistor Technology GmbH
 
§1 General matters

(1) For all consignments and other services our following terms of sale and terms of delivery are valid without any exceptions; they are only valid for entrepreneurs regarding §14 BGB.

(2) Terms which are at variance with normal terms of the person ordering are expressly contradicted. If the ordered goods are unconditionally accepted we assume our business conditions have been accepted.

(3) The including and the interpretation of theseterms of business conditions is regulated as well as the completion and the interpretation of legal transactions with the person who placed the order himself without any exception according to the law of the Federal Republic of Germany. If these terms or other texts are translated into other languages than German, German remains the language in which the texts are legally valid.

(4) Deals made beyond these terms and legal verbal agreements are only legally valid if we agree to them in written form.

§ 2 Offers , conclusions of a contract and performance capacity

(1) Our offers are subject to change.

(2) An order is accepted if we mail our acknowledgement of order or the delivery note.

(3) For the extent, the type and the date of contractually owed performance owed by contract only our acknowledgement of order is significant if not opposed to in writing within 14 days after having been placed.

(4) Changes in construction, specification and type of buld are subject to change even after sending off an acknowledgement of order as far as these alterations do not oppose to the acknowledgement of order or to other specifications of the purchaser. The purchaser will also accept further suggestions concerning alterations as far as these are acceptable for him.

(5) Partial delivery to an acceptable extent is valid.

§3 Prices and terms of payment

(1) Our prices are ex works, excluding packaging and other shipping costs and transportation costs . Packaging must be paid by the purchaser. Taking back of packaging can only be accepted if there are laws to enforce this measure. In no case will there be issued a credit note for taken back packaging.

(2) If the time allowed for payment is exceeded we will request for 5 percent interest from the maturity date until the date of the receipt of the first payment.

(3) In case of delay in payment our commitment for further delivery will be suspended, however, the person ordering is still obliged to meet our requirements.

(4) Offsetting and retaining are excluded except for the case that the offsetting request is stated without doubt and is legally valid.

§4 Ownership claim

(1) We claim ownership of the delivered goods until they have been fully paid for. The ownership claim is also valid until any claims including future claims and conditional claims are met concerning the business relationship between us and the person ordering.

(2) The purchaser is not entitled to protective conveyance of the goods or to pawning of the goods, however, he is entitled to further disposal of the reserved goods in an orderly act of business. All claims towards business partners resulting from this and all sideline rights are assigned to us. The purchaser, however, is revocably entitled to collect the claims from resale for us until revocation or until payment is discontinued. After revocation ofthe direct debit mandate the person ordering is obliged to submit to us the necessary information and documents.

(3) The orderer commits himself to oppose to foreclosure (especially seizure) of the goods delivered under retainment of ownership through others and to let us know about this immediately.

(4) If the goods are processed or attached to other objects this is done for SRT. In this case the retainment of ownership is projected onto the complete new good. The orderer acquires a fraction of ownership equivalent to the proportion of the value of his goods compared to the goods we delivered. In the case of disposal of the new goods the orderer hereby assigns all his claims/rights from further disposal against the customer with all sideline rights to SRT for safety reasons. The assignment, however, is only valid for the amount equivalent to the amount SRT stated on its bill for the reserved goods which were processed, changed/altered or attached to some thing. Regarding the seizure of the claim paragraph 2 is valid.

(5) If the amount of all our existing securities for existing claims rises afterwards by more than 20 percent we will release a certain amount of securities selected by us if requested by the orderer.
 
(6) If the orderer neglects his obligations espacially delay in payment SRT is entitled to withdraw from the contract and to take back the goods; the orderer is obliged to hand over the goods.

§5 Delivery time

(1) The statement of a delivery date is made with discretion and is extended adequately if the orderer delays or fails to meet the co-operational acts he agreed upon especially if specifications or technical documents are not present or if they require further evaluation. The same applies to measures such as industrial dispute especially strike and lockout as well as to the occurrance of unexpected obstacles which are beyond our area of influence, for example: delay in delivery of a pre-traffic difficulties or difficulties in the company, lack of raw material or lack of energy, etc. An
adequate extension of the delivery date is also given if the orderer arranged for changes to be made on the ordered goods.

(2) Acknowledged delivery dates are met if the goods are sent ex works within a time frame of 5 working days before and 3 working days after the date.

(3) If delivery is not made on the acknowledged date the person ordering can be granted a period of grace of 4 weeks with the statement that he will withdraw from the contract after fruitless expiration of the contract. Only after this deadline and after gross negligence is it possible to receive a replacement for the immediate damage. Replacements for following damages is excluded. The regulation of paragraph 1 is not affected by this.

(4) In any case the delivery is dependent on previous payment of outstanding items.

§6 Transition of risk

(1) Shipment is made at the risk of the purchaser.

(2) If the shipment of the goods is delayed due to reasons the purchaser is responsible for or if the purchaser requests shipment at a later date, the risk is given to the person ordering from the day readiness to ship the goods was stated.

§7 Guarantee

(1) The purchaser must check the goods immediately after receipt and must indicate in written form possible damages before processing the goods at the latest within 14 days after receipt. If the damage was not obvious while checking the goods a written notice of defect must be made immediately after discovery of the damage.

(2) For damages caused by inapropriate storage, processing or usage of our products no guarantee is granted. This is especially valid for solderability if stored at temperatures above 25 °C and for more than 50% humidity or if stored longer than one year.

(3) Requests for guarantee made by the person ordering are restricted to afterward repairs or replacement delivery. If the following replacement fails the person ordering is entitled to request either decrease of payment or of cancellation of the contract.

(4) Further claims of the person ordering especially due to damage at following usage as far as these do not result from defects which were of assured properties, are invalid. This is not valid for bad intention, gross negligence or negligence of essential responsibilities of contract concerning SRT.

(5) The claim for guarantee made by the purchaser are limited to 12 months.

§8 Place of performance, place of jurisdiction

(1) Place of performance for all deliveries and payments and for all other rights and responsibilities for both business partners is Cadolzburg.

(2) Place of jurisdiction is the law court responsible for our company town. Alternatively we are entitled to take legal action at a court which is responsible for the area or branch office of the purchaser.

§9 Salvatorical clause, data protection

(1) The invalidity of some regulations of these business terms or of its components does not interfere with the effectiveness of the remaining regulations. Both business partners are obliged to replace an invalid regulation with a regulation which is effective for their economical success within a frame of best interest, as far as the contents of the contract is not essentially altered through this; the same is valid if a matter which requires settling is not explicitly regulated.

(2) We are entitled to save the data we received concerning the business relationships with others and concerning the purchaser and this also stated in §33 BDSG.