General Terms and Conditions of Sale and Delivery of AKO Armaturen und Separationstechnik GmbH 1. Air operated Pinch Valves VA - stainless steel design The version of the following General Terms and Conditions of Business valid at the time of the order shall apply exclusively to the business relationship between AKO Armaturen und Separationstechnik GmbH and the Customer. AKO GmbH shall not accept any terms and conditions of the Customer which deviate from these, unless AKO GmbH has expressly agreed to these in writing. These terms and conditions shall also apply to all future transactions between the parties to the contract. 2. Quotations Our quotations are subject to change with regard to the prices and delivery times. Quantities and details of s and dimensions, as well as illustrations in catalogues are non-binding; we reserve the right to prior sale, in the only determining factor for the extent of the order in terms of content. If the delivery takes place immediately, the invoice shall be regarded as Edelstahl an AISI order 316L confirmation (1.4404) at the same time. Stainless In the steel case AISI 316L of orders (1.4404) in special Flansche: designs according to plans, drawings etc., Flanges: we reserve the right to provide an excess or reduced delivery of up to 10%. The costs for producing models as special designs shall be invoiced Sleeves: to the Buyer by agreement. The Manschetten: orders rubber shall high temp., only nitrile, be concluded nitrile food, EPDM, for EPDM Naturgummi models hochtemp., shall remain Nitril, Nitril our property. Lebensmittel, Call EPDM, the EPDM duration Lebensmittel, of one Viton, year Silikon, imum Neopren, after food, the viton, written silicone, neoprene, order confirmation, hypalon, butyl provided that a shorter call period has not been agreed. If the order goods can (partially) not be called within the call period, we shall grant an appropriate Vakuumeinheit grace etc. period of at least safety four arrangement, weeks, after vacuum whose unit etc. expiry we particular. Typ DI DE The condition DG DA for DD the d prices Schraubengiven TK in L quotations H for E special designs according to plans and drawings is that the kinds and quantities re- ferred VA to reach 100 the order 165 102 form without 18 4 being 125 reduced. 165 G ⅜" 63 18 6 5,7 0,44 100 3. VAConclusion 100 100 of 190 the Contract 220 158 18 8 180 260 G ⅜" 110 18 6 11,0 2,88 125 VA 125 120 240 2 184 18 8 210 340 G ⅜" 134 23 6 16,6 6,00 Orders shall only be regarded as having been accepted if they have * Volumen been = Steuermediumsvolumen confirmed bei geschlossener by us Manschette in writing. / Volume = Our Control volume written with closed order sleeve confirmation shall be 1
shall refuse the goods which have not been requested by then and reserve the right to demand compensation for non-fulfilment on account of the goods that have not been requested or to withdraw from the contract. For goods that have already been called, a re-calculation of the Air operated Pinch Valves VA - stainless steel design purchase price shall take place on the basis of the list price with our nor- mal conditions of payment. The originally agreed prices and conditions of payment that have been agreed and/or calculated on the basis of the call order shall become invalid upon the expiry of the grace period set by us. When an order is cancelled, we reserve the right to charge cancellation costs for the material that has been processed and can otherwise no longer be used, as well as for the construction work that has been performed. We reserve the right to claim additional damages. Obvious errors and mistakes in quotations, order confirmations or invoices may be corrected by us. There shall be no entitlement to make legal claims on the basis of information that has been given in error that clearly contradicts other sales documents. Typ DI DE DG DA DD d Schrauben 4. Prices/Forwarding Costs/Terms and Conditions of Payment Our VA prices shall 100 be ex 165works 102 in 18 euros, 4 excluding 125 165 G the ⅜" statutory 63 18 VAT, 6 postage, packaging and other forwarding expenses. The Buyer shall bear the 5,7 0,44 100 costs VA 100 of forwarding 100 190 from 220 the 158 site 18 of our 8 branch, 180 260unless G ⅜" they 110 exceed 18 6 a 11,0 reasonable proportion of the value of the item to be delivered. The statutory 2,88 125 VA 125 120 240 2 184 18 8 210 340 G ⅜" 134 23 6 16,6 6,00 * Volumen VAT = Steuermediumsvolumen is not included bei geschlossener in our Manschette prices; / Volume it = Control shall volume be with indicated closed sleeve separately in the in- voice on the day when the invoice is issued. We reserve the right to increase our prices accordingly if cost increases occur after the conclusion Edelstahl of AISI the 316L contract, (1.4404) in particular on the basis Stainless of collective steel AISI 316L bargaining (1.4404) agree- Flansche: ments or material price increases. Evidence Flanges: shall be provided of these on the request of the Buyer. If the increase amounts to more than 5% of the Manschetten: agreed price, the Buyer shall have the Sleeves: right to withdraw. Payments may rubber must high be temp., made nitrile, within nitrile 30 food, days EPDM, of EPDM Naturgummi only be hochtemp., made directly Nitril, Nitril to Lebensmittel, us. The payment EPDM, the EPDM invoice Lebensmittel, date Viton, without Silikon, a deduction Neopren, or food, within viton, 8 silicone, days neoprene, with a 2% hypalon, discount. butyl Costs for repairs and assembly are payable immediately net. A default in payment shall be governed according to 286 et seq German Civil Code. Vakuumeinheit For legal transactions etc. in which a safety consumer arrangement, is not vacuum involved, unit etc. the in- TK L H E P Gewicht 2
terest rate for claims for compensation shall amount to 8 percentage points over the basic interest rate. We reserve the right to claim higher interest rates for other legal grounds and to claim further damage. In the event of the existence of defects, the Buyer shall not be entitled to a right Air operated Pinch Valves VA - stainless steel design of retention, unless the delivery is clearly defective; in such a case the Buyer shall only have a right of retention provided that the retained amount is in an appropriate relationship with the defects and the provisional costs of subsequent fulfilment (in particular of a removal of a defect). 5. Transfer of risk For all deliveries, the risk of accidental loss or the accidental deterioration of the goods and the transport risk shall be transferred to the Buyer when the transport used ex works is loaded at the loading station regardless of whether we will transport goods with our own vehicles or whether external carriers will be used by us. At the particular request of the Buyer, the goods shall Typ be DI covered DE DG by DA a transport DD d insurance Schrauben TK policy; L the Buyer H Eshall bear all the costs arising in this respect. VA 100 165 102 18 4 125 165 G ⅜" 63 18 6 5,7 0,44 6. Drawings 100 125 The VA dimensions 100 100 190 and 220 s 158 quoted 18 8in our 180drawings 260 G ⅜" are 110non-binding. 18 6 11,0 We 2,88 VA 125 120 240 2 184 18 8 210 340 G ⅜" 134 23 6 16,6 6,00 reserve the right to make design alterations. We shall retain the copyright * Volumen for = Steuermediumsvolumen our drawings bei geschlossener and devices Manschette / Volume and = Control the volume rights with closed to these sleeve arising from the Pat- ent and Utility Model Act, as well as the documents related to these. The recipient shall only be entrusted with them for personal use for the purpose Edelstahl of AISI our 316L respective (1.4404) order and they may Stainless not be steel used AISI 316L without (1.4404) our express Flansche: permission, or reproduced in part or Flanges: made accessible to third parties. Drawings and related documents must be returned to us if an order does Manschetten: not result immediately after the decision Sleeves: has been made. rubber high temp., nitrile, nitrile food, EPDM, EPDM Naturgummi hochtemp., Nitril, Nitril Lebensmittel, EPDM, 7. EPDM Property Lebensmittel, Rights Viton, Silikon, Neopren, food, viton, silicone, neoprene, hypalon, butyl A guarantee relating to third party property rights for our devices shall only be assumed by us within the liability limits specified in the present terms and conditions Vakuumeinheit of etc. business. safety arrangement, vacuum unit etc. 3
8. Reduction of the Period of Limitation (1) The period of limitation for claims and rights because of defects irrespective of their legal basis shall amount to one year. This period of limitation shall also apply to other claims for compensation for damages Air operated Pinch Valves VA - stainless steel design against us, regardless of their legal basis. It shall also apply provided that the claims are not connected to a deficiency. (2) The period of limitation in accordance with Section 1 shall apply with the following conditions: a) The limitation period does not generally apply in the case of wilful intent. b) The period according to Section 1 shall also not apply if we have fraudulently concealed the deficiency or if we had a guarantee for the properties of the item to be delivered. c) Limitation periods shall apply for compensation for damages, even in cases Typ DI of injury DE to DG life, DA the body DD dor health Schrauben or TK freedom, L in the H case E of claims corded. Edelstahl (4) AISI Unless 316L (1.4404) expressly stipulated otherwise, Stainless the statutory steel AISI 316L provisions (1.4404) concern- Flansche: ing the beginning of the limitation period, Flanges: the suspension of the expiry date, the suspension and restart of periods shall remain unaffected. Manschetten: Sleeves: to rubber the high disadvantage temp., nitrile, nitrile of the food, Buyer EPDM, EPDM Naturgummi (5) An hochtemp., alteration Nitril, of the Nitril burden Lebensmittel, of proof EPDM, is EPDM not connected Lebensmittel, Viton, the Silikon, above Neopren, provisions. food, viton, silicone, neoprene, hypalon, butyl in accordance with the Product Liability Act, in the case of a grossly neg- ligent VA violation of 100an 165 obligation 102 18or in 4the case 125 165 of the G ⅜" culpable 63 18 violation 6 5,7of 0,44 essential contractual obligations. 100 VA 100 100 190 220 158 18 8 180 260 G ⅜" 110 18 6 11,0 2,88 125 VA 125 120 240 2 184 18 8 210 340 G ⅜" 134 23 6 16,6 6,00 (3) Insofar as claims for the compensation for damages are mentioned in * Volumen this = Steuermediumsvolumen clause, claims bei geschlossener for the Manschette reimbursement / Volume = Control volume of with futile closed sleeve expenditure are also re- 9. Liability Vakuumeinheit etc. safety arrangement, vacuum unit etc. 4
(1) AKO shall be liable in cases of wilful intent or gross negligence on the part of a representative or a vicarious agent, in accordance with the statutory provisions. In other respects, AKO shall only be liable in accordance with the Product Liability Act on account of injury to life, the body Air operated Pinch Valves VA - stainless steel design or health or on account of the culpable violation of essential contractual obligations or to the extent that AKO has fraudulently concealed a deficiency or assumed a guarantee for the properties of the item to be delivered. The claim for compensation for damages for the violation of essential contractual violations shall, however, be restricted to the foreseeable damages typical of the contract, provided that no other case of mandatory liability in accordance with Section 1 or Section 2 is present at the same time. (2) The provisions of Section 1 above shall apply for all claims for compensation for damages (in particular for compensation in addition to performance and compensation instead of performance), irrespective of the legal Typ basis, DI DE in particular DG DA on DDaccount d Schrauben of defects, TK Lthe violation H Eof obligations arising from contractual obligations or unauthorised action. It shall also apply VA to the claim 100 for 165 reimbursement 102 18 4of futile 125 expenditure. 165 G ⅜" 63 18 6 5,7 0,44 100 (3) VA An 100 alteration 100 190 of the 220 burden 158 18of proof 8 to 180the 260 disadvantage G ⅜" 110 18of the 6 Buyer 11,0 2,88 125 VA 125 120 240 2 184 18 8 210 is not connected to the above provisions. 340 G ⅜" 134 23 6 16,6 6,00 * Volumen = Steuermediumsvolumen bei geschlossener Manschette / Volume = Control volume with closed sleeve (4) Insofar as delivery is impossible, the Buyer is entitled to demand compensation in accordance with the statutory provisions. However, the Edelstahl Buyer s AISI 316L claim (1.4404) is restricted to compensation Stainless addition steel AISI 316L to or (1.4404) instead of per- Flansche: formance and to reimbursement of futile Flanges: expenditure to 10% of the value of the respective part of the delivery which cannot be used because of Manschetten: the impossibility of delivery. Further claims Sleeves: of the Buyer because of the impossibility hochtemp., of the Nitril, delivery Nitril are Lebensmittel, excluded. ral This rubber limitation high temp., shall nitrile, not nitrile apply food, if EPDM, AKO EPDM Naturgummi abriebsfest, Naturgummi Lebensmittel, Natural rubber anti-abrasive, natural rubber food, natu- Naturgummi EPDM, is EPDM liable Lebensmittel, in cases of Viton, wilful Silikon, intent Neopren, or gross food, negligence viton, silicone, or on neoprene, account hypalon, of injury butyl to life, body or health. The Buyer s right to withdraw from the contract shall remain unaffected. Vakuumeinheit etc. safety arrangement, vacuum unit etc. 5
(5) The Buyer may only withdraw from the contract in the context of the statutory provisions if the seller is responsible for the violation of the obligation. In the case of violations of obligations, the Buyer may declare, within an appropriate term upon the seller s request, whether he is withdrawing Air operated Pinch Valves VA - stainless steel design from the contract or insisting on delivery as a result of the violation of obligation. In the case of defects, the statutory provisions shall continue to apply. 10. Amendments and Additions Amendments and additions to the contract shall be made by the management or a specially authorised representative of the supplier. Any agreements or declarations of other persons shall only be effective if they are confirmed by the management of the supplier. Subsidiary agreements made verbally shall not be effective. 11. Retention of Title The Typ delivered DI DE goods DG DAshall DD remain d Schrauben the property TK L of AKO H Armaturen E und Separationstechnik GmbH until the full payment has been made. 13. Data Protection Edelstahl All AISI the 316L data (1.4404) recorded about customers Stainless and orders steel AISI shall 316L not (1.4404) be relayed to VA 100 165 102 18 4 125 165 G ⅜" 63 18 6 5,7 0,44 12. Applicable Law and Place of Fulfilment 100 German VA 100 law 100 shall 190 apply 220 to 158 the 18exclusion 8 180 of the 260 UN G ⅜" Convention 110 18 6on 11,0 Contracts 2,88 125 for the International Sale of Goods. The place of jurisdiction and VA 125 120 240 2 184 18 8 210 340 G ⅜" 134 23 6 16,6 6,00 * Volumen place = Steuermediumsvolumen of fulfilment bei geschlossener shall Manschette be Trebur-Astheim. / Volume = Control volume with closed sleeve Flansche: third parties, or used for advertising purposes Flanges: and shall only be stored in the context of the storage obligation for accounting data. Manschetten: Sleeves: rubber high temp., nitrile, nitrile food, EPDM, EPDM Naturgummi 14. Severability hochtemp., Nitril, Clause Nitril Lebensmittel, EPDM, If EPDM one Lebensmittel, of the above Viton, provisions Silikon, Neopren, is or becomes food, viton, invalid, silicone, this neoprene, shall hypalon, have no butyl influence on the effectiveness of the remainder of the General Terms and Conditions of Sale and Delivery. Vakuumeinheit etc. safety arrangement, vacuum unit etc. 6