TALURIT SAHM
SEILKLEMMEN GmbH
Herwigstraße 38
D-27572 Bremerhaven

1. GENERAL
(a) Where the following terms and conditions conflict with any other terms and conditions (whether statutory or otherwise) mentioned or referred to in negotiating such a contract, the customer, by placing an order with us for goods, materials or services, shall be deemed to have expressly agreed that such order, if accepted by us, shall be subject only to the terms and conditions set out below.
(b)All quotations are subject to confirmation and acceptance by us in writing on receipt of order.
(c)Any order accepted by us cannot be cancelled by the customer without our consent and agreement in writing.

2. PRICES
All prices stated or referred to in our acceptance of any order shall be deemed to be based on the costs of supplying the goods and executing such order known to us at the date of such acceptance. If there be any subsequent increase in such cost (whether by reason of contractual obligation or otherwise) but before actual delivery of the goods, we reserve the right to re-negotiate the price. All prices are in EURO.

3. DELIVERIES BY INSTALMENTS
Any order for delivery by instalments over a period shall be deemed to be one single contract and is accepted subject to the conditions that:
(a)The goods are available for sale at the date on which delivery is due to be made.
(b)The prices quoted are subject to adjustment for any increase or decrease in the list price since the date of acceptance of the order.
(c)If the goods are held pending delivery instructions for the customer’s convenience they will be invoiced as “ ready, awaiting instructions” and payment will be due as if actually despatched on the invoice date.
(d)Payment in respect of each instalment shall be made by the customer strictly in accordance with the terms stipulated and such payment shall be deemed a condition precedent to future deliveries.

4. DELIVERY
Except where expressly stated and agreed to the contrary time of delivery shall not be deemed to be the essence of the contract. In no circumstances shall we be liable for delay or failure to deliver due to risks and uncertainties of manufacture, strikes, lock-outs, accidents or other causes beyond our control. Goods sold for delivery to an address nominated by the customer will be despatched by any means of transport at our discretion and our liability for damage or loss in transit shall be limited to replacing or repairing the lost or damaged goods or at our option, to refunding the purchase price or a fair proportion thereof. No claim for loss or damage in transit can be entertained unless we are notified in writing within three days of receipt of the goods, or in case of non-delivery, within five days of the date of despatch as notified by us. Quotations for delivery to the site are for delivery to the point on a good hard road nearest to the actual site of the work the customer being responsible for unloading.

5. WARRANTIES AND LIABILITIES
(a)Whilst we endeavour at all times to exercise every possible care in offering suitable goods and supplying particulars and data as to the nature, capacity, and performance thereof no conditions or warranties which might, but for this condition, be deemed to be implied by statute or otherwise shall apply in respect of such goods, as to fitness thereof for any particular purpose, or as to their compliance with any description as to quality or otherwise that that expressly stated in the contract documents. In particular, all dimensions, tensile strengths, output capacity, weights and similar data shall be deemed only to represent generally the goods specified therein, and not necessarily to represent the goods forming the subject matter of the sale, and shall not be deemed to form part of the contract documents.
(b)Only goods of our own manufacture are guaranteed against defective materials or faulty workmanship, and our liability and obligation under any such guarantee shall be limited to free replacement or repair, or, at our option, to refunding the purchase price or a fair proportion thereof, and any liability in respect of consequential damage or loss sustained by the customer howsoever is expressly excluded provided that this guarantee shall not extend to defects arising out of material provided by or out of a design or specification stipulated by the customer and provided also that any defective materials or faulty workmanship are notified to us in writing within six months of the date of despatch from our works.

6. INFORMATION AND INSTRUCTIONS
Written information and instructions are available concerning products and their use and the conditions necessary to ensure that they are dealt with so as to be safe and without risk to health. If the customer does not already have such information or instructions, it should be immediately obtain them from us.

7. PACKING AND CARRIAGE
All prices of goods for export or shipment from Germany are net ex works Bremerhaven, including packing unless otherwise stated.

8. PAYMENT
Terms of payment: Net 30 days from date of invoice unless otherwise previously agreed by us in writing. All goods must be paid for without any deduction or set off unless previously agreed to by us in writing.

9. RETENTION OF TITLE
The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing risk of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered.

10. APPLICABLE LAW
The foregoing terms and conditions shall be interpreted and administered in accordance with German Law (unless otherwise expressly stated in any written contract between the parties) and shall apply to all contracts entered into by us for the supply of goods, materials, or services. Court of jurisdiction is Bremerhaven, Germany.