GTCT - Fischer-GMBH

Area of application/Conclusion of the contract
1. Our terms and conditions of sale shall be solely applicable. The purchaser's terms and conditions shall be deemed inapplicable insofar as they deviate from our terms and conditions of sale.
2. Fischer GmbH's quotations shall be subject to confirmation. All transactions and other agreements shall be subject to written confirmation before coming into effect.
3. Any addenda, amendments or supplementary verbal agreements shall be subject to the supplier's written confirmation before coming into effect.
Payment
1. Payment shall be due within 30 days, net. Any down-payments and discounts shall be agreed separately.
2. Payment shall be made by bank transfer or cheque.
3. In the event of incomplete delivery the purchaser is entitled to withhold an appropriate percentage of the payment until delivery is completed in full.
Notice of defects
1. The purchaser shall give written notice to the supplier without delay of any defective delivery detected after the transaction was conducted, in accordance with proper business practice. In such a case the supplier will not object to any subsequent claim.
Confidentiality
1. The parties to the contract undertake to treat all business and technical information not already in the public domain and becoming known to them in connection with the trading relationship as trade secrets.
2. Drawings, models and samples shall not be made available or accessible to third parties. The reproduction of any such property shall only be permitted in connection with operational requirements and copyright regulations.
3. Any subcontractors shall be subject to the same undertaking.
Delivery time
1. The delivery time shall be agreed between the contractual parties. The supplier shall only be obliged to meet the agreed delivery time if all business and technical matters between the contractual parties have been resolved and if the purchaser has met all their obligations, e.g. down-payments, etc. If this is not the case the delivery time will be extended correspondingly. The above does not apply if the supplier is in default.
2. Compliance with the agreed delivery time is subject to correct and punctual delivery by our own sub-suppliers. The supplier will notify of any apparent delay as soon as possible.
3. If non-compliance with the delivery time is due to force majeure, industrial action or other circumstances outside of the supplier's control, the agreed delivery time will be extended correspondingly. The supplier will notify the purchaser of the start and resolution of any such circumstances as soon as possible.
Conditional sale
1. The supplier retains ownership of the property supplied until all payments due under the sales contract have been made (overall reservation of title).
2. Until full payment for the property delivered has been made, the property shall not be resold, bonded nor assigned as security.
3. In case of infringement of the contract by the purchaser, and in particular in the event of late payment, the supplier shall be entitled to redeem the property delivered and the purchaser is obliged to hand it over on demand. Redemption of the property shall constitute withdrawal from the contract. If the delivered property is seized then the this shall also constitute withdrawal from the contract. In the event of seizure or any other intervention by third parties, the purchaser shall notify us in writing without delay.
4. A petition for insolvency shall entitle the supplier to withdraw from the contract and demand immediate return of the property delivered.
Place of performance and jurisdiction
1. The place of performance shall be our place of business.
2. The place of jurisdiction shall be the court of jurisdiction at the supplier's place of business. The supplier shall however be entitled to take action at the purchaser's head- office location.