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+49(0) 7191 / 34 53 220

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Terms and Conditions

General Terms and Conditions of Soehnle Industrial Solutions GmbH

§1 Scope and Application

These General Terms and Conditions apply to all shipments and deliveries by Soehnle Industrial Solutions in Germany and other countries. Any modifications made by the customer, which differ from these General Terms and Conditions are invalid.

The General Terms and Conditions apply to all contracts defined by Section 310 of the German Civil Code (BGB). The General Terms and Conditions also apply to all future transactions with the customer.

§2 Offers, Orders

All offers made by SOEHNLE are subject to written confirmation. SOEHNLE product information represents an invitation to the customer to place a corresponding order. Product drawings, specifications of dimensions, weights and performance are considered approximate. Such specifies are not contractually binding, unless they are expressly designated as such. SOEHNLE reserves ownership and copyrights to cost estimates, drawings and other documents. Third parties are not permitted access to such data.

A contract is valid only if agreed to in writing by SOEHNLE or if SOEHNLE performs on the customer’s order. In any case, customers are bound by their orders for a period of four (4) weeks.

Contracts do not include the production or delivery of protective devices, power or power supply lines, foundations, girder supports, ceiling rails or similar items, unless expressly agreed to in writing. Drawings required for foundations, girder supports and ceiling rails are to be obtained from SOEHNLE.

§3 Prices and Payment

Prices are EXW (ex works) SOEHNLE facilities in Backnang, Germany and exclude packing, shipping, insurance, assembly, stamp duty taxes, customs duties, calibration and similar costs. The statutory rate of value-added tax is added to the contract price. Packing costs and value-added taxes are invoiced separately.

Where economic conditions substantially change during term of the contract performance, e.g. as a result of rises in wages or material costs, SOEHNLE shall be entitled to increase the agreed price by a proportional amount. In the event of such an increase, the customer may cancel the contract within two (2) weeks from the time of written notice of the increase.

Except as otherwise agreed, invoices are due and payable and shall be paid net within thirty (30) days of their date of issue or within ten (10) days with a two percent (2%) discount, provided, however, that no discount may be applied to incidental costs, calibration fees, packing, etc.

If the payment is late, SOEHNLE is entitled, without establishing special damages, to charge eight percent (8%) interest above the prevailing base interest rate. No waiting period applies. SOEHNLE also reserves the right to assert a claim for higher damages in the case of default.

Where invoices for both goods shipped and for assembly or customer services are open simultaneously, incoming payments will initially be used to settle assembly and customer services accounts. Any instructions to the contrary by the customer at the time of payment are invalid.

Invoices issued by SOEHNLE may only be offset against counterclaims that have been agreed to by SOEHNLE or are already irrevocably established by court settlement or agreed to in writing between the parties.

The customer is entitled to exercise a right of delay on invoices where invoices and counterclaims are based on the same contract.

§4 Deliveries and Shipments

SOEHNLE reserves the right to make changes to the product design and shape during the contract period, provided the delivered item and its appearance are not altered substantially.

Where the contracted product must be specifically or separately produced, SOEHNLE will send the customer drawing specifications to be checked ahead of time. The period for delivery in such case commences when, SOEHNLE receives the drawing after approval and signature by the customer.

If the order is placed for shipment(s) to be made on call, the customer will order delivery within one (1) year of the original contract date. If the customer does not call for delivery, the goods shall be deemed to have been called for on the last day of the contract year.

If SOEHNLE fails to timely perform, the customer will grant a one (1) month grace period for SOEHNLE’s performance or reperformance. The grace period starts on the date when SOEHNLE receives a letter from the customer after default has commenced. On expiration of the grace period, the customer is entitled to withdraw from the contract.

Claims for compensation made in connection with late performance are invalid unless they involve intentional acts or gross negligence.

Circumstances which make it impossible or extremely difficult to produce or deliver the product, including but not limited to force majeure, governmental interference, business interruptions, etc., even if they occur at SOEHNLE’s supplier, release SOEHNLE from its delivery obligation for the duration of the delay or its after-effects. The period of grace stipulated in subsection 4.4 does not apply in these circumstances. SOEHNLE and its customer are also entitled in these cases to cancel the contract.

§5 Shipping

Scales capable of calibration may be insured against breakage by SOEHNLE, unless the customer expressly refuses this beforehand in writing. The customer shall pay the insurance costs amounting to 1% of the selling price. SOEHNLE shall also be entitled, unless the customer expressly refuses, to insure the goods in other cases at the customer’s expense.

Where goods for delivery in Germany are packed in cases or crates, they will be credited at their full value when they are returned undamaged and carriage is paid within thirty (30) days. Disposal of other packaging, according to § 3 (1) No. 1 of the German Packaging Ordinance is the responsibility of the customer at his own expense and in no case is such packaging to be returned to SOEHNLE.

§6 Assembly

Assembly and operational installation outside the SOEHNLE factory shall take place only using separate calculation by SOEHNLE or by a third party appointed by SOEHNLE, if this was agreed to in writing.

Assembly does not include the construction of foundations, girder supporters, etc. Foundations shall be properly constructed, cement shall be dry and well cured. The customer will ensure that electrical power connections are available up to the assembly site. The assembly worker must have unrestricted access to the assembly site. Costs of delays shall be borne by the customer. Customers are charged separately whenever a flat-rate fee is agreed upon for assembly work. If required, the customer must provide temporary staff free of charge.

§7 Warranty, Liability

If the delivered product contains defects for which SOEHNLE is responsible, SOEHNLE is entitled to either rectify the defect or supply a replacement product. Replaced parts shall become the property of SOEHNLE. The legal penalties apply if attempts to rectify the defect fail or the replacement delivery is defective.

The customer is required to give SOEHNLE sufficient time and the opportunity to carry out any reworks or make replacement deliveries. Any interference with this provision releases SOEHNLE from its liability for any resulting damage.

The warranty period shall be one (1) year calculated from the date of passing of risk.

SOEHNLE is not liable for minor departures from insignificant contractual obligations. SOEHNLE’s liability for minor negligence in performance of material contract obligations is limited to compensation for consequential damages that are foreseeable by SOEHNLE. SOEHNLE is not liable for consequential damages that are atypical or unforeseeable. This limitation does not apply to personal injury claims.

SOEHNLE is not liable for damage and losses occurring during shipping or transportation. This provision shall apply even if SOEHNLE paid the shipping costs.

SOEHNLE is not liable for damage which occurs due to any of the following reasons: Unsuitable, improper storage or use, incorrect assembly or subcontracting by the customer or third parties, ordinary wear and tear, changes or interventions, incorrect or negligent handling, including but not limited to, especially excessive stress, unsuitable operating resources, replacement materials, defective construction work, unsuitable building ground, chemical, electrochemical or electrical influences, except they were caused by SOEHNLE.

In the case of scales, which require calibration, the error limits are based on the official production and calibration regulations prescribed after issue of the order for the type of scales relating to the customer‘s information or the discernible utilization purpose. The production and calibration regulations of the country of destination shall be used as a basis for deliveries which, according to SOEHNLE‘s knowledge, are intended for export if they were provided to SOEHNLE by the customer.

In the case of scales which are not subject to calibration and scales where SOEHNLE is unable to determine from the customer’s information whether calibration is obligatory, SOEHNLE accepts liability for accuracy only to the extent stipulated in the order confirmation.

SOEHNLE accepts no liability for the calibration of parts of scales and weighing systems suitable for calibration if these parts are incorrectly installed in the scales or weighing systems. If the delivered item is installed or combined with other equipment, claims may only be enforced prior to installation or combination. If SOEHNLE supplied the equipment for the delivery or collection of the weighing product or weighing equipment, or assumes liability by contract for other reasons, liability shall be restricted to those weighing products which the customer sent or provided in sufficient quantities so that their properties could be verified.

If operational, climatic or other influences lead to a substantial change in conditions or physical states, the warranty for the perfect functioning of the equipment no longer applies.

If SOEHNLE warrants a specific product, the warranty means the product will be free of defects during the warranty period.

Claims for remedy, damages and replacement use limited to one year of delivery of the goods. The foregoing limitation does not apply to claims for damages for personal injury.

§8 Reservation of Ownership

The goods supplied remain the property of SOEHNLE until the purchase price is paid in full and until payment of all previous and future deliveries within the business relations, including all secondary claims (if payment is made by a bill of exchange or check up to a full credit note for the same). The customer is obliged to store the goods for SOEHNLE free of charge.

Before receiving title to the goods, the customer is not entitled to pledge them to third parties or assign them by way of security. However, the customer is permitted to sell them in the ordinary course of business. In such case the customer also is entitled to assert SOEHNLE’s reservation of title vis-à-vis the purchaser.

The customer hereby assigns to SOEHNLE as security all it claims against third parties arising from resale of the goods. As long as the customer duly complies with his payment obligations towards SOEHNLE, he shall be authorized to collect this claim for the account of SOEHNLE. However, SOEHNLE is entitled to inform the purchasers – whose names shall be communicated to SOEHNLE on request – about this assignment and to issue them instructions to pay SOEHNLE.

Any interventions by third parties regarding the goods delivered under reservation of title or the claims assigned to SOEHNLE are not regarded as a waiver of the reservation of title or as withdrawal from the contract.

At the request of the customer, SOEHNLE must release the securities accruing to it if the value of the securities exceeds the claim to be secured by more than twenty percent (20%).

§9 Reimportation

Goods which were exported by SOEHNLE or sold in Germany for the purpose of export may only be re-imported with the express written approval of SOEHNLE. The customer is obliged to compensate SOEHNLE for all the damages which SOEHNLE incurs as a result of a contravention of this regulation by the customer or his purchaser.

§10 General Provisions

This contract is subject to and will be interpreted under the law of the Federal Republic of Germany. The UN Convention on the International Sale of Goods does not apply to this contract.

The place of performance for both contracting parties shall be Backnang, Federal Republic of Germany.

Jurisdiction for filing legal actions is Stuttgart. SOEHNLE is entitled to take legal action at the principal place of business of the customer or its place of incorporation.

If one of the terms of these General Terms and Conditions is or becomes invalid, or if the executed contract contains a lapse, the rest and remainder of the contract remains in full force and effect and the invalidity of one term or terms does not affect the validity of the other clauses or the whole.