1. Conclusion
a) The formation of the sales contract is valid with our written acknowledgement. The effective date for the conclusion is the date of the order confirmation. Our invoice is valid as order confirmation, too. In doing so, the order confirmation date is replaced by the date of the invoice.

b) If the purchaser withdraws form the contract and he is answerable for this withdrawal, we are entitled to charge an indemnification of 20 % of the contract value as a lump sum of compensation for damage, if necessary plus VAT. If we can prove a higher or the purchaser a lower damage, not the lump sum of the compensation is to be payed, but the real damage.





2. Offers and prices
a) Our offers are subject to confirmation and not binding, provided that in the isolated case different terms are stipulated explicit by letter.

b) On principle, our prices are valid ex works plus VAT. Even if the delivery is carriage free, the purchaser has to absorb the unloading.

c) To prices, stipulated by contract, we are commited for four months from the date of conclusion. Shall the delivery take place only after four months after the conclusion, we reserve the right for a corresponding price increase, in case that our purchase prices rise, or that the prices for the production or the distribution go up for reasons we are not responsible.





3. Delivery, delayed delivery or default in acceptance
a) Delivery times are only obligatory for us, if we confirmed them in writing. The delivery time starts with the date of the order confirmation. In case that the purchaser has to make an advance payment, the delivery starts not earlier than we have an intake of the payment.

b) We keep the delivery time, when by the expiry the readiness for delivery or the transit is told. As far as the purchaser does not prescribe the way of shipment, we chose the way of delivery as our discretion, but without engagement of the cheapest or the fastest way.

c) Force majeure, riot, strike, lockout, higher disposals, considerable stoppage on our own or on our supplier´s side through no fault of our own, release us from our delivery duty as long as the disturbance lasts and the scale of the consequences. If, in these cases, the delivery is impossible for longer than one month, we can withdraw from the contract complete or partially, without the purchaser´s right to claim damages.

d) If there´s a written agreement with the purchaser that the goods will only be delivered on his call, the total order must be called within six months after the conclusion. We have the right to deliver and to charge the stored products after the six months deadline and the written agreement.

e) If the delivery is delayed for reasons on the purchaser´s side, we will set him on an acceptance delay with a time limit of one week. After that we are entitled to charge without prejudice further claims against the purchaser, being caused by storage. For strorage in our own rooms we charge at least 1% of the invoice for every started month. If we verify higher storage charges or the purchaser lower ones, the real costs are to be replaced. After a two week time limit set by us, we can resign the contract and we have the portion at our further disposal.

f) Partial deliveries are permitted at any time, partial acceptance only after written agreement.





4. Payment and delay
a) In the absence of a different arrangement, the payment is to be made within 10 days applying a discount of 2%, within 30 days from the billing date, net.

b) Exceeding the date of payment of a), will result in arrear without reminder. From the start of delay the purchaser is commited to pay interest on arrears 2% above the bank rate of the „Deutsche Bundesbank“, p.a.. Eventually given discounts are not applicabel. Payment by cheque is valid as soon as the credit note of the cheque´s amount is on our account.

c) Is the purchaser on delay with an invoice all the purchaser´s outstanding invoices are to be payed immediately, even if the credit period is not due yet. Sustained non-compliance with conditions of payment or circumstances which raise serious doubts as to the credit worthiness of the customer before or after a delivery, will result in claims for all payments becoming due immediately, or corresponding securities.

d) The purchaser is legitimated to offset only counter claims indisputably finally established by us. This is also valid for rights of refusal and retention.

e) Given discounts are only valid in the case that the buyer keeps the given credit period. Otherwise we are legitimated to take back discounts and to pursue our claim in full amount.





5. Reserved ownership
a) Deliveries remain the property of the supplier until all claims of the supplier on the customer have been met. Even in case of the portion´s further disposal.

b) With further processing of our delivered goods we are to be seen as manufacturers and purchase ownership on the thus produced goods.If our goods are produced with other material, we are co-owners in the ratio of our product´s invoice value to the other material. In the case of a junction or compound of our goods with products owned by the buyer, it is to be seen as main part and we are co-owners of the goods in ratio of our goods to the invoice or rather market value of the main part. In this case the buyer is our depository.

c) The purchser is allowed to handle the goods being under reservation of title, as far as he meets his duties towards us, in time. In case of reselling our co-owned goods, the purchaser cedes all claims from the resale to us already with the order confirmation. As long as the purchaser complies with his obligation to pay, he is authorized to include the claimsl We are entitled to cancel the authorization without notice for any inportant reason, especially delay in payment or legitimated doubts about the purchaser´s credit worthiness.In this case the purchaser has to name his customer and has to inform him of his cession. In these cases we have the right to advise the customer´s customer, too.

d) Should the value of the securities held by the supplier exceed the value of the claims by more than 20%, we will release deposits after our selection on the purchaser`s demand or any other legitimated person, until the over disposal is eliminated.

e) For the duration of our proprietary rights, the purchaser has to store the reserved delivered goods and those co-owned goods orderly and seperated from other goods.





6. Warranty for material defects
a) The quality of our products depends on the available raw material. We can only be held responsible for changes in quality, colours and weight, if they would have been avoidable under the given conditions. In principle minor deviations, trial deliveries or samples cannot be rejected.

aa) Mis reports reprimanded in time will be supplied subsequently, whereas the delivery time fixed originally has to be kept. This is valid for wrong delivery, too.

b) There is no warranty for the qualification of the goods to be eligible for any certain purpose.

bb) Defective goods have to be replaced by goods free of defects, whereas the delivery time stipulated originally has to be kept. Is the replaced delivery defective, too, the purchaser is entitled to rescind or to reduce.

c) The purchaser has to examine the delivered goods immediately for any material defects, wrong or mis delivery. After the receival of the goods the purchaser has to reprimand any defects by letter within eight days, at last before processing.

cc) Declarations of dimensions, weights and further technical terms, especially about features of our products are only authorative within the scope of customary allowance, if they were guaranteed expressly with the conclusion. In no case the purchaser is released from his duties of examination and testing.

d) For delivered goods we gíve warranty under exclusion of wide liability as follows:

dd) There is no warranty for processing our goods against our instructions.
e) All claims of warranty fall under the statue of limitations after six months, starting with the assumption of the risk.

f) Any risks pass ownership to the purchaser as soon as we handed over the goods to the carriers, or the goods left our warehouse. This is valid even then, if we charge the freight.

g) Not we, but the carrier is liable for damages in transit. In advance we cede all claims against the carrier to the purchaser. The purchaser has to set up his claim against the carrier in time, and has to conclude any carriage insurances by himself.

h) Claims of compensation of the purchaser against us because of delay or impossibility are restricted on to the value of the invoice of the delayed or failed to come goods, except there´s gross fault or intention. The purchaser´s claims of compenstion because of our being guilty of gross negliance are restricted on to those damages which were predictable as a result of our breach of duty. Further claims of the purchaser or third parties are excluded, especially claims of replacement sequencing damages not arising on the goods themselves.

i) As far as we instruct our customers concerning application technology, we do this to the best of our knowledge, there is no liability for our advice.





7. Production and legal venues
a) Place of performance is the registered office of the Schwarzataler Kunststoff GmbH Katzhuette.

b) For all actual and future claims from the business relations with full businessmen including claims of bills and cheques, the exclusiv venue is our company´s registered office.

c) The same venue is valid if the purchaser has no general venue at home, transfers his residence or his usual whereabouts from home after the conclusion, or the usual residence is not known at the moment of bringing the action against him.

d) For the relationship only German law and German jurisdiction applies.





Should a particular term be or become null and void, the remaining terms are unaffected.