1. General
All deliveries and services are executed according to following conditions which
are also valid for further business without additional reference to it. Customer's
conditions won't be accepted even no particularly contradiction is made by WESTOX-Europa
OHG after receipt. Products and services are described in product specifications,
standards, guidelines of building control offices or similar documentation.
Mentioned documentation does not give any assurance of properties.
2. Prices
All of our prices are listed in EURO. Authoritative is the current price list
at time order has been received by WESTOX-Europa OHG.
3. Despatch, transition of risk, delivery time, disturbance
Any risk of decline or deterioration of ordered goods is at the responsibility
of customer, forwarding agency or any other responsible person engaged to carry
the goods as soon as they had been hand over or at least on leaving our factory.
Customer or the engaged person has to load the goods and must take care of legal
regulations in regard of transporting dangerous goods if pick-up is carried
out at a certain delivery place. We provide replacement at our choice by providing
an alternate delivery for free or by crediting the refund-amount according to
the amount we receive as replacement. Our obligation to deliver rests as long
as customer didn't meet his liabilities.
4. Act of God
In case act of God prevents us from executing our obligations, nevertheless
it occurred at our factory or at the place of our suppliers, delivery time extends
the duration of hindrance plus an appropriate time to get started again.
5. Terms of payment
Within 10 days without any deduction. We grant a discount of 2 % on cash or
payment in advance. Discount is only acceptable if any other debts are settled.
We don't grant discount on freight charges. Punctual payment is due to the date
of full receipt on our account. In case payment exceeds date of payment or is
transferred not completely customer falls behind without reminder. In this case
interests and provisions will be added according to guided rates of interest.
If default appears or if justified doubts arise in regard of liability to pay
WESTOX-Europa is authorized to demand any claims in due course or to claim securities
provided by customer, even in case other agreements were done in advance. Bill
of exchange or cheques can be given to carry out obligations, but won't be accepted
as general terms of payment. Payment by bank- or postcheque is seen as executed
if credit is to our account. Customer has no right to carry out any kind of
keeping money back.
6. Guarantee
We grant guarantee in case of failures in fault, wrong deliveries according
to legal regulations if no other regulations are made as follows. After receipt
of goods customer has to examine the goods and to inform WESTOX-Europa OHG immediately
in case of differences between delivery and order. Customer has to take care
that the goods won't be applied. We grant guarantee on the quality of goods,
but not on the application regarding the fact that producer has no influence
on the properly use. Recommendation on application or use are just general guidelines
as the use and working conditions could be very different for our products.
Given rates of need of product are to be seen only as our experience shows.
If isolated case occurs that customer needs more material than recommended he
may not force any kind of guarantee or compensation. Therefore guarantee can
be given only if application was carried out properly regarding WESTOX-Europa's
recommended guidelines of application. In this case WESTOX-Europa will need
documentation of the building site or documentation of application. To check
quality client will provide a representative taking of samples with giving detailed
information on chargen-no. and no. of delivery note for WESTOX-Europa's own
examination on the samples. In case of rebuke of damages on the material at
time and legitimated reason customer may demand delivery of goods that are in
good condition. In case of using damaged material customer may demand only reduction
of price. We guarantee compensation only for premediated or negligent doings
caused by WESTOX-Europa. Compensation is limited by value of delivery.
7. Advice
Advice on application is given to the best of our knowledge regarding our own
researches and experiences. Every information or advice is without obligation.
In every case customer shall carry out own testings and inspections on the surface
to be treated.
8. Return of goods
Taking back of sold and delivered goods is not acceptable. In case of acceptance
of taking back goods that are in good and original condition and may be sold
again transportation has to be carried out at cost of customer. Goods that were
taken back will be payed with deduction of costs which come up. Payment will
be executed with deduction of a minimum of 30 % of price.
9. Reservation of proprietary rights
Customer has proprietary on goods if all payments are executed. It's also the
same if payments were done on specially marked claims. As security we reserve
the proprietary rights on the goods as long as current invoices are not paid.
If customer does not pay obligations within a further period of payment WESTOX-Europa
has the right to claim the goods.
10. Place of fulfilment / Court jurisdiction
Place of fulfilment for any deliveries and services is D-06502 Thale. Court
jurisdiction is Quedlinburg.
11. Final regulations
In case some regulations are void other regulations are to be set up that cover
the interests of commercial intentions. Other regulations are still valid.