Delivery terms and terms of payment MIKRONTEC GMBH

Deliveries and services are provided exclusively under our delivery terms and terms of payment, which the Purchaser acknowledges upon the receipt of our order confirmation, at the latest upon acceptance of the ordered goods. Any deviating terms of purchase from the Purchaser will not form part of the contract, even after acceptance of an order.

Orders, collateral agreements, changes and other agreements only become effective with our written confirmation.

It is understood that the prices exclude VAT and packaging – subject to change for deliveries from Aschaffenburg. The costs for packing, freight, postage and transportation insurance are borne by the Purchaser. We reserve the right to change the prices or discounts that are valid on the day of delivery in an invoice.

Custom-made products: Sample and custom-made products outside the respectively valid delivery assortment shall be deemed agreed to reasonable additional or reduced quantities.

Delivery times are not binding until the order is accepted – interim sale reserved – and are deemed to start from the receipt of the order or, at the earliest, from the final agreement on the execution of the order and the provision of the documents, permits or approvals, if any, procured by the Purchaser. The delivery period is deemed to have been met if, by the time of its expiry, the Purchaser has been informed of the object’s dispatch or its readiness for dispatch.

Delivery times are conditional due to essential, important procedures during production and other obstacles such as force majeure, delays in transport, breakdowns or labour disputes in the factory or in the factories of subcontractors.

If the Purchaser incurs damage caused by a delay for which we are responsible, they are entitled to demand compensation for the delay. This compensation amounts to 50% for each full week of delay, in entirety but maximum of 5% of the worth of the parts to be delivered, which as a result of the delay were not delivered in good time or cannot be used in accordance with the contract. Further claims are excluded.

Packaging: Disposable packaging such as wooden crates, boxes, etc., will be charged at cost price and are non-returnable. Non-disposable and mesh box pallets, pallets with converter frames and lids, containers and cartridges remain are property and are to be promptly returned for us at the delivery site at no charge.

Shipping is carried out on the account of the invoice and at the risk of the recipient. The choice of shipping transportation means is at our discretion. Partial delivery is permitted.

As a general rule, payment must be made net plus VAT as indicated by the law in EUROs within 30 days. If the payment date is exceeded, bank interest will be charged. Discounts are not permitted.

For Purchasers with whom we are not in an ongoing business relationship, we deliver against cash on delivery or prepayment. The Purchaser is not entitled to withhold or offset against counterclaims.

In cases of insolvency or the over-indebtedness of the Purchaser, as well as in cases of non-compliance with the agreed payment terms, all claims that we are entitled to against the Purchaser, including bills receivable, become due immediately.

Retention of title: We hereby reserve the title to all goods delivered by us until full payment is received. In this case, all deliveries are considered one continuous delivery transaction.

In cases where the Purchaser combines our goods with other items in such a manner that the connected goods are considered to be one item, we will be the proportionate co-owner of the new object. If the Purchaser resells the goods supplied by us as intended, he hereby assigns to us the claims arising from the sales with his customers with all ancillary rights until the complete repayment of all our claims. At our request, the Purchaser is obligated to communicate the cession of third-party purchasers and to give us the information and documents required to assert the rights towards these purchases.

The Purchaser must notify us immediately of a seizure of goods subject to retention of title or any other impairment of our rights by third parties.

We will release the securities held by us to the extent that their value exceeds the claims to be secured by more than 25% in total.

Insofar as the retention of title is not entirely effective due to legal reasons, the Purchaser is obligated to legally enforce the securing of our goods claims in a corresponding, effective manner and to be involved in necessary measures.

Warranty: For deliveries which demonstrably contain wholly or partly unusable items as a result of defects or fault in expressly guaranteed properties attributable to us, we shall, at our discretion, in consideration of economic and technical factors, repair free of charge, resupply or reduce the selling price. With regard to the costs incurred as a result of repairs or replacement delivery, we are responsible for the cost of the repair, e.g., the replacement, including the shipping.

Freight costs for the return of defective goods will only be refunded if the return takes place upon our express request.

We assume no liability for damages resulting from the incorrect use of our products. Likewise, the liability for indirect damage, whatever be the reason, is excluded.

The measurements, illustrations and descriptions listed in our publications correspond to the current state of the objects described but may be subject to necessary changes.

The place of performance for deliveries, payments and jurisdiction is Aschaffenburg.