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UES – Universal Extrusion Service, Ruhlsdorfer Str. 100, 14513 Teltow/Germany Terms of Delivery No. 2004.01

Quotation and Confirmation of Order

1. For all quotations and orders, following terms are reliable. The quotations of the seller only are approximately reliable, as far as not specified as binding.
2. All technical data, pictures, dimensions, condition weights, year of manufacture and capacity are only binding, when confirmed by written order confirmation.
3. Any changes or additional agreements are valid only when confirmed by the seller.
4. When machines are being sold directly from present owner, than the recipient of the quotation agrees not to forward the information (address, name etc) to third persons. He also agrees to purchase the equipment only through us and must not contact the owner directly in regard of prices or direct purchase. In this case, the buyer has to compensate the lost commission to us.

Terms of Delivery

1. Only the written order confirmation is reliable for the circumference of delivery.
2. The seller is free of duty, if meanwhile the goods are in such a condition that no responsibility can be given for further use. The buyer has to proof the circumstances.

Prices and Payment

1. The prices are ex stock or ex standing place of the goods.
2. The payment is to be on sellers account before shipment, except otherwise agreed.
3. In case of delayed payments, the seller is entitled to demand for compensation. The interest is 3% above the rate of the Landeszentralbank Germany.
4. The seller is entitled to withdraw the contract, if the payments are delayed and a given time-limit has expired.
5. The withdrawal of payments or the compensation with open debts, which are not agreed, is not allowed.

Delivery Time

1. Delivery date is kept within time, when the goods have left the standing place, or its readiness has been declared.
2. For delays, for which the seller has no responsibility, the date of delivery exceeds in an adequate time limit.
3. If the buyer sustains a loss because of delay due to sellers fault, he is entitled to demand compensation for delay, further claims excluded. It amounts to 0,5 per cent for every complete week of delay, but in total at the most 5 per cent of the price of this component of the total delivery that can not be used in time or to its purpose due to the delay.
4. If the dispatch is delayed by the orderers request, he will be charged the costs resulting from the storage starting from the month of declaration of readiness for dispatch, but at least 0,5 per cent of the invoiced amount. The seller is entitled to use the goods otherwise and may invoice the buyer for probable loss.
5. Observance of the term of delivery presumes the fulfilment of the orderers contractual duties.

Insurance

1. Risk passes to the buyer at the latest after goods have been loaded or given to the forwarder. Upon agreement, the goods can be insured on cost of the buyer.
2. If the dispatch is delayed by the orderers request, the risk passes to the byer on the date when the readiness is declared. The goods can be insured by the buyer on his cost.
3. Partial deliveries are permitted.

Reservation of Title

1. The deliverer retains title of the goods till the receipt of full payment.
2. The orderer neither may pawn the goods nor pledge them as security.
3. On delay of payments, the seller is entitled – after a adequate time of reminding – to take back the goods.
4. If the buyer has not insured the goods, the seller is entitled to insure them, on cost of the buyer.

Guarantee

1. Used machines and used goods are sold “as is”. The buyer has the right to inspect the goods before contract. Goods, declared as new, correspond to the terms of manufacturer.
2. In case of insurance of non-breakage or non-bursting on used machines, this insurance is valid only if this failure leads to make the machine unusable. On wearing parts, there is no guarantee.

Jurisdiction

1. In all disputes resulting from the contractual relation, legal action has to be taken before that court of justice that has the deliverers head quarter or that branch business performing the delivery. The deliverer also is authorized to take legal action at the orderers head quarters.