一般条款

Unless otherwise stated, our quotations are non-binding in particular with regard to unforeseen material, wage and other cost increases.

Prices:
Prices are stated in euros (€). Statutory value added tax is invoiced separately.

Shipment:
Shipment is made from Darmstadt, Germany, for the account and at the risk of the recipient, even if free freight delivery has been scheduled. Packaging will be charged at cost price and will not be taken back.

Notices of defects can only be considered if they are claimed in writing within eight (8) days as of the receipt of goods. In cases of justified complaints, we will either provide a replacement or grant a corresponding discount at our discretion. Further claims, in particular compensation for damage that did not affect the delivered item, will not be accepted.

Delivery times are deemed approximations, the availability for delivery always remains subject to change.

Force majeure, armed conflict, fire and water damage, etc. entitle us to annul our delivery obligations in part or in full. Claims for damages by the purchaser regarding non-performance or delayed delivery are ruled out at all times.

Payment:
Within 10 days with a 2% discount or within 30 days net. We reserve the right to charge default interest if the payment deadline is exceeded. A formal notice of default is not required. Any and all costs incurred for delayed payment, such as reminder expenses, collection charges and exchange rate losses, if any, will be at the purchaser's expense. Non-compliance with the payment terms releases us from all our obligations arising from existing orders and agreements without any additional claims and entitles us to consider unpaid invoices as expired and to file suit for payment.

Reservation of title:
We reserve the title to the purchase item until receipt of all payments under the delivery contract. We are entitled to demand the return of the purchase item in the event a customer's conduct is in violation of the contract, in particular in the event of payment default. Taking back the purchase item on our part constitutes a withdrawal from the contract. We are entitled to utilise the purchase item after taking it back. The utilisation proceeds shall be offset against the customer's obligations, after deducting reasonable utilisation costs. The customer is entitled to resell the purchase item in the ordinary course of business. The customer shall, however, hereby assign to us all claims in the amount of the final invoice amount (including VAT) of our claim accruing from the resale vis-à-vis its purchasers or third parties, this being irrespective of whether the purchase item was resold before or after processing. The customer shall remain authorised to collect this claim even after the assignment. Our right to collect the claim ourselves remains unaffected thereof. We do, however, undertake to not collect the claim as long as the customer meets its payment obligations under the received proceeds, does not default in payment and, in particular, if no application for opening composition or insolvency proceedings has been filed or payments have been discontinued. If this is the case, we are entitled to demand that the customer inform us of the assigned claims and the debtors thereof, provide us with all information required for collection, hand over all corresponding documents and inform the debtors (third parties) of the assignment. If the purchase item is inseparably amalgamated with items that do not belong to us, we acquire co-ownership of the new item in the relation of the value of the purchase item (final invoice amount, including VAT) to the other amalgamated items at the time of amalgamation. If amalgamation is done such that the customer's item is to be considered the main item, it shall be deemed agreed that the customer transfers to us the pro-rata co-ownership. The customer shall hold in safe custody the resulting sole ownership or co-ownership for us.

Binding force:
Only these Terms and Conditions shall apply to all sales contracts and agreements, even if the purchaser orders or confirms under different terms and conditions. This means that an express objection on our part to deviating conditions is not required.

Place of fulfilment and jurisdiction for all matters of dispute is Darmstadt, Germany. The laws of the Federal Republic of Germany shall apply; the application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.

Right of withdrawal:
An order is accepted under the express condition that the purchaser has credit standing. We have the right to withdraw from the obligations entered into, in part or in full, and to claim damages, if applicable, in the event of a lack of creditworthiness.

The DIATEST Hermann Költgen GmbH, Schottener Weg 6, D-64289 Darmstadt website is provided by the:

DIATEST Hermann Költgen GmbH
Schottener Weg 6
D-64289 Darmstadt Germany
Telephone: +49 6151 979 0
Telefax: +49 6151 979 111
eMail: info@diatest.com
Managers: Gabriela Orio, Dipl.-Ing. Klaus Orio, Dipl.-Ing. Florian Orio

Court: Darmstadt
Registered: HRB2416
Value added tax identification number ID-Nr.: DE111635884