General Terms and Conditions

§ 1 Contractual basis

The contract between the parties is concluded exclusively on the basis of these General Terms and Conditions. Karlsruher Glastechnisches Werk Schieder GmbH (contractor, contractor) hereby expressly rejects any terms and conditions of the client (client) to the contrary. The following terms and conditions shall also apply to future contractual relationships between the parties, even if they are not expressly agreed again.

§ 2 Offers/Prices

1 The offers contained in the Contractor’s brochures are subject to change and non-binding. Individually prepared offers remain valid for 30 days or unless otherwise agreed in writing.

2. the list prices valid on the day of delivery shall apply unless otherwise expressly agreed in writing. Prices are quoted in euros plus the applicable statutory tax. Customs duties, packaging, freight costs, postage, insurance and other ancillary costs are not included in the price. Prices are always ex works unless expressly agreed otherwise in writing.

§ 3 Delivery

Delivery dates, delivery periods or delivery times are only binding if they are expressly confirmed in writing by the Contractor. Partial deliveries are permitted if there is an important reason for this and they are reasonable for the customer. In the event of force majeure and other events for which we are not responsible (e.g. export, war, strike, lockout, official intervention, operational disruptions, illness, etc.), the delivery periods shall be extended for the duration of the hindrance. This shall also apply if such events occur at an upstream supplier and the Contractor is therefore prevented from delivering on time.

§ 4 Terms of payment

Unless other terms of payment have been agreed in writing, invoices are payable within 10 days of the invoice date with a 2% discount or within 30 days net.

Repair invoices are due immediately without deduction of discount.

§ 5 Shipment/carriage of risk

1. in the absence of other agreements, the Contractor shall choose the packaging, shipping route and shipping method.

2. the risk of accidental loss shall pass to the buyer when the subject matter of the contract is handed over to the person carrying out the transportation.

3. the goods shall be insured during transportation at the request of the Principal and at his expense.

§ 6 Transfer of ownership

Ownership of the delivered goods shall not pass to the Customer until all claims of the Contractor against the Customer have been fulfilled. The Customer is obliged to point out the fact that the goods are subject to the Contractor’s retention of title in the event of access by third parties (seizure, right of retention or similar). The Contractor shall be entitled to take back the reserved goods at the Client’s expense if the Client acts in breach of contract. This applies in accordance with §13 (3) Consumer Credit Act as a withdrawal from the contract. The Customer is obliged to store the reserved goods properly and to insure them at its own expense against theft, breakage, fire, water and other damage.

§ 7 Warranty

1. the customer’s warranty rights presuppose that he has properly fulfilled his obligations to inspect and give notice of defects in accordance with §§ 377.378. Rejected goods may not be reused without our express consent.

2. if there is a defect for which the Contractor is responsible, the Client shall be entitled to demand, at its discretion, rectification of the defect or subsequent delivery, § 439 III BGB remains unaffected.

3. if we are unable or unwilling to remedy the defect/replacement delivery, in particular if this is delayed beyond a reasonable period of time for reasons for which we are responsible or if the remedy of the defect/replacement delivery fails in any other way, the customer shall be entitled, at his discretion, to withdraw from the contract or to demand a corresponding reduction in the purchase price.

4. unless otherwise stated below, further claims of the client – for whatever reason – are excluded. We are therefore not liable for damage that has not occurred to the delivery item; in particular, we are not liable for loss of profit or other financial losses of the Customer.

5. the above exemption from liability shall not apply to damages resulting from injury to life, body or health which are based on a negligent breach of duty on our part. Furthermore, this shall not apply insofar as the cause of the damage is based on intent or gross negligence. This shall also not apply if a property warranted by us is not present.

6. if we culpably breach an essential contractual obligation or a cardinal obligation, liability shall be limited to the damage typical for the contract, unless there is intent or gross negligence or liability for bodily injury or due to the non-existence of a warranted characteristic; otherwise liability shall be excluded in accordance with paragraph 4.

7 The warranty period is 12 months, calculated from delivery. This period is a limitation period and also applies to claims for compensation for consequential damage caused by defects, provided that no claims in tort are asserted. There is no reversal of the burden of proof to the detriment of the contractor.

8. claims for rescission by the Customer against the Contractor shall only exist insofar as the Customer has not made any agreements with its customer that go beyond the statutory claims for defects.

§ 8 Liability

1. any further liability for damages than provided for in §7 is excluded – regardless of the legal nature of the asserted claim.

2. the regulation according to paragraph 1 does not apply to claims according to §§1,4 Product Liability Act. The same shall apply in the event of impossibility for which we are responsible. Unless the limitation of liability pursuant to §7 para. 6 We are liable for claims arising from producer liability in accordance with § 823 up to the amount of the sum insured.

3. to the extent that our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.

§ 9 Confidentiality, property rights

The Client is obliged to keep documents, samples, drawings and calculations received from the Contractor secret from third parties and not to use them or allow them to be used for imitation.

§ 10 Final votes

Amendments and supplements to the contract and the waiver of the written form requirement must be made in writing. Should one or more of the above terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. The parties agree that Karlsruhe shall be the place of jurisdiction for all disputes arising from the contractual relationship.

Status 08.2007