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PERGAN GmbH
Schlavenhorst 71 • D-46395 Bocholt
Tel.: +49 (0) 2871 / 99020 • Email: info@pergan.com

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PERGAN

General Business Terms and Conditions

General information

Our Terms of Sale are a part of each contract concluded between us and our customers. We shall not be obligated by Terms of Purchase of the buyer either, even if we have not explicitly objected hereto.

Offers, orders

Our offers are without obligation with regard to price, quantity, delivery deadline and possibility to deliver. Orders and oral collateral agreements shall only be deemed as accepted when they have been confirmed by us in writing or have been carried out.

Prices

The deliveries will be charged at the agreed prices. In case of a carriage paid delivery increases in the freight rates shall be for the expense of the buyer. If the price of a good is influenced by taxation laws we are entitled to subsequently change the price to the extent in which they were influenced by said laws.

Deliveries, shipment

The measurements and weights determined by us are decisive for our calculations. Partial deliveries are permitted. We shall make an effort at all times to deliver as soon as possible, however, cannot commit ourselves to a fixed delivery deadline. Claims for damages cannot be asserted owing to delayed delivery.

All goods shall be conveyed at the buyer’s risk as soon as they leave our plant or our delivery warehouse, irrespective of who bears the freight costs. We shall choose the dispatch route and type of shipment. If the buyer requests another dispatch route or another type of shipment and if this request is fulfilled the additional freight costs compared to the most reasonably priced shipment possibilities shall be for the expense of the buyer in case of an agreed carriage paid delivery.

War, interferences to operation of all kinds, traffic disturbances, dispositions of a higher authority and other events of force majeure as well as strikes and lock-outs, shortages of raw materials and workers that diminish or prevent the production and the shipment shall release from the obligation for delivery for the duration of the interference and to the extent of their effect or shall entitle us to rescission – also in part – of the contract without the buyer being entitled to claims for damages.

Discontinuation of delivery

If the buyer does not satisfy his payment obligations, despite a reminder, then we may discontinue all deliveries to the buyer, subject to further claims. Irrespective of further claims – we are entitled to cancel the quantity, with regard to the call-off order or purchase of which the buyer is in arrears over the course of or at the end of the term of the contract, without deeming the buyer in default or granting a final deadline.

Complaints

We can only take complaints of defects into consideration if they are lodged within eight days after the receipt of the goods at the place of destination. The buyer can merely make faulty goods available. He is not entitled to the right to a price reduction. Goods may only be returned with our consent. If the buyer proves a damage, which was caused by quality defects to the delivered goods, the purchase price that relates to the consumed quantity shall apply as the maximum amount of the suffered damages. Further claims for damages – no matter for what legal grounds – cannot be asserted.

 

Consultancy  

Our advice in relation to application technology is non-binding – also with regard to possible property rights of third parties - and shall not release our customers from an own examination of our products for their suitability for the intended processes and purposes.

Reservation of title

The delivered goods shall remain our property until the full payment – with the issue of bills of exchange and cheques until they are encashed. The reservation of title shall not cease to apply in case the delivered goods are processed to form a new object. The new object produced by processing will be held in safekeeping on our behalf and shall serve to secure our claim in the amount of the value of the processed good that is subject to the reservation of title. If the goods that are subject to the reservation of title are mixed or connected with other objects, we shall be entitled to the co-ownership to the new object in the ratio of the value of the reserved good. The buyer is entitled to sell the goods that are subject to the reservation of title in customary business transactions. Exceptional disposals such as pledges, assignments as collateral, etc. to third parties are not permitted.

If the buyer sells the reserved goods – no matter in which condition – he hereby now already assigns his claim from the resale with all secondary rights in order to secure our claims.

In the event that the reserved goods are sold by the buyer together with other goods that do not belong to us, albeit without, albeit after processing, the assignment of the purchase price claim shall only apply in the amount of the value of the reserved goods.

The buyer is authorised to collect the claim from the resale despite the assignment. At our request the buyer has to inform us of the debtors of the assigned claim and to report the assignment to the debtors.

The buyer must inform us without delay of an attachment or of any other impairment to our rights by third parties.

The further processing /sale authorisation as well as the right to collection of the claims assigned within the scope of the extended reservation of title shall lapse as soon as the provisional insolvency proceedings were opened over the customer’s assets.

If the value of the collateral provided to us exceeds our claims in total by more than 20% we shall accordingly be obliged to transfer the property or to release the assignment at the buyer’s request. 

Place of performance and place of jurisdiction

The place of performance for deliveries and payments is Bocholt. The place of jurisdiction for all disputes arising from the contract shall be determined by the registered seat of the supplier.