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Conditions EWT


General Terms and Conditions

April 2010

This English version is only for informational reasons. The only valid version is the German one.

All commercial transactions between us and our business partners are subject to our Terms and Conditions (GTC). Deviating or conflicting terms are not accepted. By placing an order, the business partner subjects to our Terms and Conditions.

1. Offers and prices
are subject to change. Verbal statements are valid only upon written confirmation.
The prices are those of our current price list. With appearance of a new price list older price lists loose their validity. Price Changes We reserve the right to change prices.

2. Orders
are requested in writing. We charge a low quantity surcharge of 3.00 EUR for orders under 20.00 EUR net value.

3. Delivery time
We endeavor to meet the delivery dates confirmed in writing by us, but they are without obligation. All circumstances and events beyond our control (such as strikes, lockouts, general disability of the monetary and credit transactions, war, waste, whether in our factory or in one of our suppliers) are considered as force majeure and relieve us from the obligation to deliver as long as the force majeure continues. Our business partner is not entitled to partial or complete cancellation of the order. The same applies in the case of laws or governmental orders which make delivery difficult or impossible, regardless of whether this affects us or one of our suppliers or the transport.

4. Shipping
Shipping is - including freight deliveries - always at the expense and risk of the purchaser by our own vehicles or freight, freight forwarding, mail or other delivery services from the factory or warehouse Dieblich or one of our branch offices.
If a specific shipping method is ordered, additional costs may be billed to the business partner.
For all returns, whether for exchange or credit, which are the result of incorrect order or reasons that we are not responsible for, the sender will be charged a processing fee. This is up to 90.00 EUR net goods value 20% of the net value, with a higher net value 15.00 EUR. The returned goods must be in their original packaging and in an undamaged condition.
The buyer of steel cylinders for compressed or liquefied gas, we point to the gas pressure regulations. The counterparty is obligated to comply with these statutory obligations. It indemnifies us from all liability in this respect.

5. Standard transport packing and sales packaging
are not invoiced as part and are taken back according to the rules of the regulation of packaging. The cost of return transportation of the packages have to be paid by our business partner. We refer to the disposal options by Resy, the green dot (Grüner Punkt in Germany) or similar institutes.
Please store special packagings for eventual return of the devices. We reserve the right to invoice the cost of additional special packagings.

6. The right of withdrawal
is reserved by us at any time and without any liability.

7. Payments
are to be sent by wire transfer to our accounts within ten days from date of invoice less 2% discount or within 30 days net. Even with advance payment or delivery by cash discount of 2% is granted. Payment in advance may be demanded by us. In case of delayed payment the statutory regulations are applicable.

8. Complaints, retention, offsetting
Goods shipped by us are to be checked immediately upon receipt for damage and possible defects. Complaints must be made in writing immediately with a damage report and to be sent to us. Late notifications lead to exclusion of all liability.
Even in cases of complaint the purchase price is to be paid at the time agreed upon. Withholding of payment by the business partner is excluded.
The set-off against our claims is only allowable be in case of undisputed or legally determined counterclaims.

9. Reservation of Proprietary Rights
The ownership of the delivered does not pass to the buyer before full payment to the purchase price.

10. Liability for Defects
For any defects in the delivery, we shall only be liable to the following provisions:

10.1.
The warranty period is one year and begins on the receipt of the goods. It will not be extended by any possible repairs and replacements.

10.2.
The buyer is commited to the immediate written notice of any. The elimination of faults within a reasonable time will at our expense, at our discretion by replacement of defective parts, repair or replace the product.

10.3.
All liability for defects is excluded in the following cases:

Unsuitable or improper use, in particular failure to comply with the instructions for use attached or affixed to the device, improper installation or operation by our business partners or third parties, faulty or improper maintenance. This also includes the omission of maintenance required by us and to be be carried out at certain time intervals. Liability shall also be excluded if the maintenance is carried out by persons who have not been authorized by us. Also shall natural wear, faulty or negligent handling, excessive strain not be regarded as deficiency. The liability is limited to the rectification of defects on the particular device.

11. General
11.1.
Any amendment to or modification of these Terms and Conditions shall be in writing. This also includes the modification of this clause. The same applies to all other contractual agreements.

11.2.
If any provision of these Terms and Conditions should be or become invalid, the remaining terms of these Terms and Conditions shall not be affected. The parties commit themselves to agree on a substitute provision that comes as closely as possible to the economic purpose originally intended by the invalid provision.

11.3.
Place of fulfilment is Dieblich. Place of jurisdiction is Koblenz. In all controversy German law applies, the rules of the UN Sales Convention are not applicable. The contract language is German.

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