All quoted prices are stipulated ex-works, and do not include the cost of packaging, freight, insurance, customs duties or VAT. The VAT payable will be stated separately at the statutory rate applicable on the day the invoice is issued. To the extent that, between the conclusion of the contract and the fulfilment of the order by the Seller, there is an unacceptable or unforeseen decrease or increase in the costs (such as a change in the price of materials), the Seller has the right to adjust the prices to reflect the new situation without, however, invoicing any additional profit margin. If the agreed price increase exceeds 10%, the Buyer may withdraw from the contract (termination or rescission).
Unless otherwise stated in writing, all the Seller's invoices shall be settled immediately, without any deduction whatsoever. In the event of failure to pay on the due date, late payment interest and compensation (at least equal to 15% of the unpaid amounts) shall be due.
Any agreements in relation to delivery periods and delivery dates must be made in writing. Delivery periods and times are not binding, unless expressly agreed otherwise. The delivery period shall run from the date that the order confirmation is sent by the Seller, and only after full transfer of all the documents, authorisations and validations that the
Buyer must procure the response to all questions and the receipt of the agreed advance payment. Compliance with the delivery date or period is subject to the orderly and timely fulfilment of the Buyer's other obligations. The delivery period is deemed to have been complied with when the products leave the factory before that period expires or when the Seller has informed the Buyer that the products are ready for dispatch. Compliance with the agreed delivery dates and periods are subject to the orderly and timely delivery to the Seller by its own suppliers.
Partial deliveries are permitted. If necessary, for technical reasons in production, the Seller reserves the right to make excess or short deliveries of up to 5% of the quantity of products ordered. There will be no refund for any shortages. In the event of a delay in delivery, the Buyer may only request rescission of the contract after serving notice to the Seller and giving the Seller a final deadline to make the delivery. The Seller is under no circumstances liable to the Buyer for indirect damage including, but not limited to, loss of profit, loss of time, loss of anticipated savings, loss of data, improper data use, and costs and expenses of all kinds.
The products supplied are intended to remain in the country of delivery agreed on with the Buyer. The Buyer is forbidden from exporting products subject to embargo provisions. 16.2 The products supplied are subject to German, European and American export controls and embargo provisions. It is the Buyer’s responsibility to inform themselves of the relevant export and/or import provisions or restrictions and to obtain according permits, if necessary. The Buyer will impose the same obligations on their customers.
The court of the Seller's registered office has authority to settle disputes arising out of the commercial relationship between the Seller and the Buyer. The Seller is also entitled to bring an action against the Buyer at their registered office or in any other competent court. The legal relationships between the Seller and the Buyer shall be governed by the law of France, excluding the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG).