Export sales terms

1. General conditions
1.1 For all offers and deliveries the following general sales and delivery terms are valid.
1.2 Eventual purchase terms of the buyer which do not correspond to our terms are rendered invalid.
1.3 Additional terms, alterations or verbal agreements have to be confirmed in writing in order to become valid.
1.4 The German text of these sales and delivery terms shall be legally binding.
2. Prices
2.1 We are bound to the prices quoted in our offers for 2 months.
2.2 The prices quoted in our order confirmation are fixed prices, provided that not more than three months elapse between order acceptance and delivery. Should delivery take place after a period of 3 months at the special request of the customer, we reserve the right to charge the price current at that time. Discount deductions are excluded.
3. Delivery terms
3.1 The delivery time begins in principle with the dispatch of order confirmation but not before the buyer has produced the order documents and until these are in hands of CONFON AG.
3.2 The delivery time is followed if until the expiry date the goods have left our works or the readiness has been advised.
3.3 The agreed delivery time is only valid if the delivery is not hampered by acts of God, e.g. mobilization, war, riots, strike, blocades, lock outs, epidemics and accidents, delays in transport, import- and export transit prohibitions, or deficient deliveries of our suppliers as well as shortage of raw materials.
3.4 The correct delivery presuposes the fulfilment of the obligations by the buyer, especially of the agreed payment conditions.
3.5 Should we, for a reason have to account for, be unable to adhere to the date of delivery agreed upon, the customer is entitled after the fixed extension of 10 days to cancel his order, should the delivery also not have taken place in the fixed extension. The cancellation must be done by registered mail. Such an order cancellation can, however, only become effective if the goods which were not delivered by the agreed date are still not in transit by the time the cancellation notice is received. Consequently, a cancellation of order is invalid if on the day of its receipt the goods are already in transit to the recipient.
3.6 The orderer is not entitled to claim damages of any kind whatsoever, regardless of the reason for delay in delivery or for his cancellation of order.
4. Payment terms
4.1 Our prices are net prices. In the absence of a special agreement, no deductions are permissible. Foreign bank charges always are on the purchaser’s account.
4.2 In the event of delayed payment or acceptance of documents we are entitled to claim interests to the amount of 7 % p.a. for delay and compensation for the damage resulting from such a delay.
4.3 It is excluded that the orderer can withhold payment or offset his debt against any other claims unless these counterclaims are recognized by us and established by legal force.
4.4 The ordered goods remain reserved for you for 14 days. Please therefore release payment. Should we not receive the payment within 14 days the order will be automatically cancelled.

5. Transport and transition of risks
5.1 Utility and risks are passed over to the orderer at the latest when the goods are leaving our factory, even if the delivery is effected free… or under a similar clause.
5.2 If the dispatch is delayed due to circumstances which are on the buyer’s account the risks are passed over to the buyer as from the day of readiness for dispatch and under corresponding advice.
5.3 Upon the buyer’s request the goods are insured on his account. 5.4 If no instructions for dispatch are received from the buyer the cheapest way of transport following our view will be chosen.
6. Reservation of title
6.1 We reserve title to the goods delivered by us until receipt of full payment of all our claims inclusive of any interests or costs which may become due. We are authorized to register our proprietory rights in the legal register at the buyer’s business or private domicile.
6.2 As long as we are proprietors of the purchase object the latter must not be sold, pledged or to be disposed of it in any way.
6.3 As long as the buyer has not become the owner of the purchase object, he is obliged to treat the purchase object with care and to insure it reasonaly. The buyer is obliged to inform us without delay regarding claims of third parties or attachment proceedings which concern the purchase object and to indicate our property emphatically to third parties.
6.4 On the basis of this proprietory right all deriving rights belong to us, particularly in the case of bankruptcy of the buyer where we have the right of separation.
6.5 Should, however, the buyer sell the goods to a third party despite fig. 6.2 he will assign for all our claims his debt claim towards this third parties in our favour.
7. Complaints
7.1 Claims can only be considered if received in writing within one week after receipt of goods.
7.2 If the buyer is able to provide proof that the complaints are attributable to a fault on our part or to defects in material, we have the option of either remedying the defect or providing replacement. The lodging of further claims by the buyer, in particular claims for damages, no matter on what legal grounds is not permissible.
7.3 Before the goods have been paid for in full, we are not obliged to remedy defects or to provide replacements.
8. Special orders
8.1 In the case of special orders, e.g. deliveries with advertising imprints, etchings etc., we reserve the right to a marginal difference of up to plus/minus 10% of the quantity ordered. The agreed price will be raised or lowered accordingly. Such a divergence does not entitle the buyer to withdraw either wholly or partially from the order.
8.2 Should the buyer wish to withdraw from the contract as a result of delayed production, such a withdrawal being justified according for fig. 3.5 of these terms because the belatedly produced goods were still not on the way to the recipient, the buyer is required to recompense us for the expenses which have already arisen in respect of the order (e.g. charges for advertising imprint, engraving, etc.).
9. Place of performance and jurisdiction
9.1 Place of jurisdiction is Rheineck/SG. We are, however, entitled to call on the court of the buyer’s domicile.
9.2 The legal position is subordinated to the Swiss law, under exclusion of the UN- or Viennese purchase right.