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General Terms and Conditions

PREAMBLE

The following terms and conditions are applicable to business transactions with companies, legal entities under public law or special funds under public law in terms of Sec. 310 (1) BGB (German Civil Code). Deviating regulations and subsidiary agreements are effective only if such have been confirmed by us in writing.

RETENTION OF TITLE

The delivery object remains the property of ERWEKA until payment in full. In case of delay of payment, ERWEKA is authorized to claim back the object of purchase. However, a rescission from the agreement is possible in such cases only with express written declaration of rescission.
Resellers are authorized to dispose of the purchase object within the scope of its proper course of business. In such a case, however, the buyer herewith already assigns any and
all claims arising from such disposal, up to the invoice amount to include value-added tax, to ERWEKA and shall disclose any and all information required for the assertion of such claim(s).

LIABILITY FOR DEFECTS

ERWEKA is obligated to provide delivery free from defects of quality and title. If, however, defects exist at the time of transfer of risk, ERWEKA has the choice to either provide repair or provide replacement delivery.
Unless longer terms are mandated by legal stipulations, the above liability for defects is applicable for 12 months after transfer of risk; for computers, printers, and thermometers
delivered by ERWEKA for 6 months. Glassware and pressure cells are excluded from the guarantee.

COMPENSATION AND SUBSEQUENT DAMAGES

The assertion of compensation for damages is excluded unless such are based on premeditated or grossly negligent breach of duty or premeditated or grossly negligent manipulation of danger to life, body, or health.
Damages incurred to other legally protected interests or due to production stand-still, loss of profits, loss of use, contractual losses or due to other disadvantages but not on the
object of delivery itself, are excluded insofar as legally permissible.

APPLICABLE LAW

The contract is subject to substantive law of the Federal Republic of Germany, in particular the German Civil Code (BGB). The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
Court of jurisdiction for any and all disputes arising from the underlying contractual relation is D-63065 Offenbach, Germany, insofar as this can be stipulated with legal effect.

D-63150 Heusenstamm, October 2017

pdfterms-and-conditions-AGB-2017.pdf