Offers understand themselves not-binding and without obligation. Given orders become only binding by our written confirmation of order for the salesman. Special agreements and special arrangements, equal whatever kind, in particular those of our field representatives require our written confirmation.

The data, designs, illustrations contained in folders, catalogs, price lists or the documents belonging to the offer and performance specifications are branchen-uebliche approximate values, unless they are called in the confirmation of order expressly obligatory. Product changes we reserve ourselves.

We reject it expressly to employ investigations about the fact whether by us gave orders patent or other rights third are hurt. If necessary the orderer has himself to only and argue with possibly the damages alone, remains obligated however for us in relation to the acceptance and payment of the given order just like the tools in its entirety. At illustrations, sales documents, designs and other publications the FILTRAK reserves itself property and copyright as a supplier; they may not be made accessible without written consent other one and are on demands immediately at us to be sent back.

The supply takes place to the conditions specified in on the day of the supply valid price list. It takes place freight-free only if this is by us expressly offered or particularly agreed upon. If no certain regulations for the dispatch are made, then the transport of best discretion is made, however without responsibility for most favorable shipping.

Our calculations are payable in accordance with the conditions of our valid price list. Payments are considered only then as caused if they are finally available on one of our accounts. With delay of payment we compute interests usual in banking, at least 5 % over the valid rate of discount of the German Federal Bank. Cheques and changes are always only as payment accepted by us. Discount and introduction expenses go debited to the contracting partner and are into cash to be paid immediately.

Counterclaims entitle the buyer to the up-counting only if they are undisputed or validly determined. A right of lien is entitled to the buyer only because of requirements from the same contractual relation.

We reserve ourselves the right, demands, which we have to the buyer, to surrender to third.

Orders are accepted under the reservation of the delivery opportunity. We strive for the adherence to all dates of delivery. We do not take over a guarantee for the adherence to a date of delivery however. Correct and punctual self supply remains reserving.

From us unusual circumstances and events which can be represented, which make more difficult or prevent the supply substantially, do not free us for the duration of their effects of our supply obligation. That applies in particular with national interferences, with higher force, when disturbances in the procurement of the commodity or the raw materials, on disturbances of the production, dispatching, transport, the power supply, strike, lockout and lack of worker. They entitle us to withdraw by special explanation from the contract to limit the supply obligation to parts of taken over orders or to extend the times for delivery for the complete sales order or parts of the orders in reasonable way. If we do not supply at expiration of the appropriately extended time for delivery, the buyer can set us a respite and withdraw at their fruitless operational sequence from the contract.

We can make the fulfilment of our supply obligation dependent on collateral or require pre-payment. Our supply obligation rests, as long as the buyer with a payment obligation is in the arrears.

All transmissions travel on danger of the receiver independently of whether dispatching from the place of delivery takes place and who carries the freight charges. We are not obligated to insure the commodity on transport.

The buyer is obligated to remove arriving transmissions immediately and to unload means of transport briskly. Through extended service lives and/or waiting periods of the delivering carrier developing costs always go debited to the buyer.

Obvious lack, wrong number of pieces or wrong deliveries are to be indicated immediately. Otherwise notices of defect can be stated only up to 8 days after supply. Complained of commodity may not be processed or inserted. In the course of business with our commercial customers §§ the 377 and 378 HGB apply. After processing or treatment of the commodity each notice of defect is impossible.

Deviations in appearance, sample, color and structure are not material defects and can not be complained of. Slight deviations, which do not disturb exact fitting in, are not to be complained of.

As far as we are obligated to the guarantee, we will improve after our choice, replacement will supply or the purchase price will reduce. All large requirements, equal to which kind, are impossible.

The transfer of warranty claims is impossible.

For lack damages we do not take over adhesion.

The sales goods designated of express as the second choice or special item takes place without guarantee; there is therefore not the right to notice the defect.

The commodity remains up to the payment of the purchase price and the payment of all demands consisting of the business relation and in connection with the object of the purchase the still developing demands, with cheques and changes up to their redemption, as reservation commodity our property. In connection with the purchase price repayment still another if change-moderate adhesion is on our part justified, then the retention of title expires not before redemption of the changes by the buyer of the commodity as referring. The attitude of individual demands into a current calculation or the balance drawing and their acknowledgment do not waive the retention of title. The commodity in our property or co-ownership is kept free of charge by the buyer. With delay of payment we are entitled for the cancelling of the commodity after reminder, which is buyer then obligated to publication.

If reservation commodity is processed from the buyer to a new mobile thing, then the processing for us takes place, without we are obligated from this. The new thing becomes our property. With reservation rights third at the new thing we become joint owners in the relationship of the values of the raw materials to each other.

If reservation commodity is sold by the buyer alone or together with not us belonging commodity, then the buyer retires already now the demands at height of the value, developing from the far sale, to the reservation commodity with all beside rights and rank before the remainder. We accept the transfer. The reservation commodity is worth the invoice amount plus a safeguard impact of 10 %, which remains however except beginning, if third stand for the right against. If the further-sold commodity stands in our co-ownership, then the transfer extends to the portion of the demand, to which corresponds to our co-ownership portion of the commodity. Paragraph 1 applies accordingly.

The buyer may have the reservation commodity in the normal course of business only under the condition that the demands in accordance with paragraph 3, 4, 5 on us to actually turn into. For other orders, in particular to the transfer by way of security or pledge he is not authorized.

The buyer is entitled up to revocation to draw in the retired demands. We will the authorization however recalled with delay of payment opposite us or opposite third. We are then entitled to require information over the consignees to inform the debtors of the transition of the demand(s) to us and draw in them directly. With payment attitudes, with cheque or bill protest, opening of the bankruptcy, judicial or settlement proceedings out of court expires in principle the right to far sale, use or processing of the reservation commodity and the authorization for the introduction of retired demands.

The contracting partner has to communicate us by telephone and in writing immediately the access third to the reservation commodity or the demand surrendered to us and to support us in each way with the intervention to give in particular all information for the asserting of our rights and hand out the necessary documents.

As far as the value of all safeguard rights, which are entitled to us according to these regulations, which height of all secured requirements exceeds around more than 10 %, we will release the buyer an appropriate part of the safeguard rights when desired after our choice.

With repayment all of our demands from the business relation ignore the property at the reservation commodity and the retired demands on the buyer.

Place of delivery for supply and payment is Wiesenbad-Plattenthal. Area of jurisdiction is Annaberg-Buchholz. We are however entitled to complain also at the place of the seat or an address of the customer.

If individual regulations should be totally or partly ineffective, the validity of the remaining conditions is not affected thereby.

The buyer agrees with the fact that we use from the business relation or in the connection with it received data for our business purposes, even if they come from third in the sense of the Federal Law for Data Protection - also within the company.