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Vogel-Germany-EDITION-2016-2017-EN-Version-2

312 www.vogel-germany.de General Terms and Conditions of Sale, Delivery and Payment 1. Acceptance of Terms of Sale, Delivery and Payment Our sales are based on the following terms and conditions. Any variations to these must be accepted and confirmed by us in writing. The placing of order/contract with us implies acceptance of these conditions by the buyer unless expressly agreed otherwise and confirmed by us in writing. Any terms and conditions the buyer might have imposed on his order/contract contradicting our terms are not accepted, also if not objected by us. With placing the order the buyer acknowledges exclusively our terms. Valid is german right, the UN-rights of sales are not valid. 2. Quotations Our offers are without engagement. The catalogue or CD-Rom forms part of our offers. The specifications and drawings as shown in our catalogues, prospects, CD or internet are subject to change without notice unless contracted otherwise by us and confirmed in writing. Prices are in EURO (€) and means ex works. 3. Special Manufacture We reserve the right to modify the quantities ordered for special production by plus or minus 10%, also normal production items which are marked or finished to buyer’s special requirements. Such orders cannot be cancelled once accepted by us. We are unable to accept the return of such items for credit or allowance. 4. Prices Prices quoted by us are not binding until confirmed by us in writing and must be regarded as works prices not including value tax or similar charges. We reserve the right to correct prices in case there should be a change in our production costs such as raw material, alloying-costs, power, wages etc. up the date of delivery. For orders coming from Germany with an order value less € 100 we will invoice a handling charge of € 10. For orders coming from Europe with an order value less € 150 we will invoice a handling charge of € 18. For orders coming from other countries with an order value less € 150 we will invoice a handling charge of € 18. 5. Terms of payment Our invoices are payable for German market: within 10 days after date of invoice less 2% discount or 30 days after date of invoice net. without deduction. Export market: according to the special arrangements which are stated in our offers, order confirmation and / or invoices. Drafts will be accepted only after prior arrangements and all charges are to buyer’s account. 6. Despatch and Delivery If not otherwise stated and confirmed by us in writing we deliver ex works, excl. transport-packing and excl. customs clearance. 7. Title of the Goods Goods delivered remain our property until payment is received in full. It is expressly reserved that any law contradicting this clause shall not injure our rights concerning our goods. Distraints and/or any other limitations which might be imposed on our property despite the reservations outlined in the preceding sentence must be reported immediately. The buyer may dispose of the goods in the usual business-like manner provided he is not insolvent or in default. Should the customer sell goods which are still our property, respective credit is due to our account automatically without express confirmation. Until paid for in full, we reserve the right to enter buyer’s premises and re-take possessions of the goods Should the goods be processed or mixed with other goods by the buyer and/or a contractor to the buyer, ownership of the processed or mixed goods is automatically passed to us until payment for the goods has been received in full. Notwithstanding the conditions outlined above, goods are at the entire risk of the buyer’s from the date of delivery. 8. Software-Use If there is any software incl. with our instruments, the user has a non exclusive right of using the software or documentary. The right of use is for the incl. instrument only. No further use for other instruments is allowed. 9. Time of Delivery - Delivery Possibilities All information given in respect of delivery period is approximate and without obligation. Liability in case of delay in delivery, interest for delay and/or damages cannot be accepted. The time of delivery begins only after clarification of all clerical and technical details. 10. Force Majeure Force majeure, such as strike and lock-out, catastrophes of any kind, breakdown in supply of any kind, as well as delivery of faulty material and the like shall release us from our liabilities. 11. Claims Claims must be made immediately, latest after 8 days on receipt of the goods otherwise such claims will not be accepted by us. Claims above the nominal value of the goods involved will not be entertained. Amendments to our deductions from invoices will not be accepted in respect of claims. Adjustments must be made only through documents issued by us. 12. Warrantee For the purchase of goods applies between the customer and us a period of a product-related limitation for the legal objective defect liability claim of 12-36 month on new parts and 6 month on used parts. The objective defect liability claim has priority to a claim for performance is limited. No warrantee will be taken over especially in the following cases: Not qualified or faulty use, incorrect installation respectively commissioning by the purchaser or a third party, wear and tear, incorrect or careless treatment, maintenance not according to the rules. If the purchaser or a third party repairs inappropriate assumes no liability for the supplier for any resulting consequences. Claimed parts have to be returned free delivered by the purchaser in addition of the invoice with the according purchase date. An entitled replacement will be returned by us as well free delivered. 13. Repair fee Unless otherwise agreed, a repair cost share is considered to be accepted for repair fee of € 25.- with delivery of a device for repair. We reserve the right to grant, at its discretion in favor of the customer a discount for this repair if the repair seems relatively simple. With an estimated expenses for the repair of more than € 50.- the customer receives a written estimate for approval. 14. Electrical and Electronic Equipment (the „ElectroG“) The buyer assumes the obligation to dispose of him delivered and used in professional measuring tools and test equipment of brand „Vogel Germany“ after termination of use at its own expense in accordance with the guidelines of the „ElectroG“ properly. Thus Vogel Germany is exempted from the obligations according to § 10 paragraph 2 „ElectroG“, and thus the consolidation of related claims of third parties. Any failure of the customer, third parties to whom he passes our measuring tools and test equipment, contractually obligated to assume the duty of disposal and for further obligation, the buyer is obliged to take back the goods delivered after termination of use at its own expense and in accordance with the legal regulations to discard. The claim of the Vogel Germany on acquisition of the lawful disposal of professionally used measurement tools / test equipment of brand „Vogel Germany“ by the customer, not time-barred before the expiration of two years after the final termination of the use of the products supplied to him. The two-year period, the flow begins at the earliest with receipt of written notice to the customer of the termination of use. 15. Settling Place and Place of Competency Kevelaer is the settling place for delivery and payment. The place for competency of justice in case of dispute is the place of the sellers court. 16. Scope of our terms and conditions, General In case of a dispute only the German version of our applicable current general terms and conditions are prevail. Date: 25th February 2016

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