General Terms and Conditions of Plasmatechnik Markus Colling GmbH & Co. KG

1. General

Our deliveries, services and offers are made exclusively on the basis of these terms and conditions. These terms and conditions shall be deemed to have been accepted at the latest upon acceptance of the delivery or service.

Any deviating terms and conditions of the buyer are hereby expressly rejected. Deviating agreements shall only be valid if they are confirmed by us in writing.

2. Acceptance of order

Orders shall be deemed accepted if they are confirmed by us in writing or by acceptance of our delivery. An order confirmation shall only be issued if delivery cannot be made within 8 days. If our order confirmation contains deviations from the customer's order, the deviations shall be deemed approved by the customer if no written objection is made within 8 days of the date of issue of the order confirmation.

3. Offer

Our offers are always non-binding, subject to prior sale. We reserve the right to make improvements or changes to the type or design of our goods. Our cost estimates, drawings and other offer documents shall remain our property; we alone shall be entitled to the copyright utilisation rights thereto. They may not be reproduced or passed on without our consent.

4. Pricing

Our prices are always subject to change ex our warehouse, unless otherwise expressly confirmed by us in writing and excluding packaging. Prices are calculated on the basis of the prices valid on the day of delivery plus statutory VAT.

The prices do not include any taxes, fees, customs duties or similar charges incurred outside the Federal Republic of Germany as a result of the conclusion or execution of the transaction. If we are required to pay such charges, the Buyer shall reimburse these expenses.

5. Delivery

Information regarding delivery times is non-binding. Claims can therefore not be asserted if the delivery time is exceeded. However, binding delivery periods can be agreed separately and must be in writing.

In the event of force majeure or other extraordinary events for which we are not responsible and which make delivery impossible or significantly more difficult, we may restrict or discontinue delivery for the duration of the hindrance or withdraw from the contract without the buyer being entitled to any claims for damages. Partial deliveries and partial services are permissible to a reasonable extent.

6. Customised products

It is not possible to withdraw from the contract or take back customised products unless we are responsible for a breach of duty.

7. Dispatch and return of goods

Shipment shall be at the risk of the Buyer - even in the case of carriage paid delivery. For all deliveries, the risk shall pass to the Buyer upon delivery of the goods to the forwarding agent, the carrier or the person otherwise designated to carry out the shipment. The buyer can obtain insurance for the delivery against theft and transport damage at his own expense.

We may choose the packaging and means of transport as well as the dispatch route, to the exclusion of any liability, unless the buyer makes a determination in this respect in good time before the expiry of the delivery period.

If we take back goods delivered in accordance with the contract as a gesture of goodwill, we shall be entitled to make a deduction for the administrative expenses incurred by us when crediting the value of the goods.

8. Terms of payment

Unless otherwise agreed, our invoices are payable within 8 days with a 2% discount or net within 30 days of the invoice date, repair and maintenance invoices within 8 days without deduction.

Payments may only be made in the agreed currency. Bills of exchange and cheques shall only be accepted on account of payment and shall only be deemed payment after they have been honoured. Discounting and collection costs shall be borne by the purchaser.

In the event of late payment, we are entitled to charge interest on arrears at a rate of 8% above the base rate. We reserve the right to assert further claims for damages. The buyer is entitled to prove to us that we have suffered no or less damage as a result of the delay.

Interest is due immediately. If the buyer does not fulfil his payment obligations or if we become aware of other circumstances that call the buyer's creditworthiness into question, we are entitled to declare the entire remaining debt due. In this case, we shall also be entitled to make outstanding deliveries only against advance payment and provision of security.

The purchaser is only entitled to offset, withhold or reduce payment, even if complaints or counterclaims are asserted, if the counterclaims have been legally established or recognised.

9. Reservation of title

The goods are delivered subject to retention of title. They shall remain our property until all current and future claims arising from the business relationship with the purchaser have been satisfied in full. This shall also apply if the purchase price for certain deliveries of goods designated by the buyer has been paid.

The buyer is authorised to resell the goods subject to retention of title in the ordinary course of business. This authorisation is revocable. The resale may only take place against cash payment or subject to retention of title. The buyer is not permitted to assign the goods by way of security, pledge them or dispose of them in any other way that affects our rights.

The buyer hereby assigns to us by way of security all claims to which he is entitled now or later from a resale or for any other legal reason with regard to the goods. Upon request, he shall at any time send us a list of the claims transferred to us and notify the debtor of the assignment. However, he is authorised to collect the claims assigned to us as long as he meets his payment obligations as agreed. The collected amounts are to be transferred to us immediately as long as we are entitled to due claims against the buyer.

The buyer cannot acquire ownership of the goods by processing them into a new item. Any treatment or processing shall be carried out free of charge for us. In the event of processing with other goods not belonging to us, we shall be entitled to co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items.

10. Warranty

If the delivered item is defective or lacks warranted characteristics or becomes defective within the warranty period, we shall - at our discretion - deliver a replacement or repair the item to the exclusion of further warranty claims by the buyer.

In the case of obvious defects, complaints must be made in writing within 2 weeks, whereby the dispatch of the complaint shall be decisive for the timeliness of the complaint. If we have not provided a replacement or rectified the defect within the reasonable period of grace granted to us, or if the rectification fails, the purchaser shall have the right to withdraw from the contract to the exclusion of all other claims.

No warranty is accepted for damage caused by the following reasons:

Non-use of original spare and wear parts, unsuitable or improper use, faulty assembly or commissioning by the purchaser or third parties, natural wear and tear, faulty or negligent handling, unsuitable operating materials, substitute materials and chemical and/or electrical influences. Furthermore, we accept no liability for defects for material or manufacturing faults of our suppliers.

We hereby assign to the buyer the warranty claims to which we are entitled against our suppliers. The claims for compensation are limited to what the buyer obtains from the supplier. Warranty claims against us are excluded in any case if the respective supplier has not previously been taken to court.

11. Place of fulfilment and jurisdiction

The place of fulfilment for delivery and payment and the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is St. Wendel. All amendments or additions to the above conditions must be made in writing.