Mekruphy

GENERAL CONDITIONS OF SALE - MEKRUPHY GMBH

MEKRUPHY GMBH
Naturwissenschaftliche Experimentiergeräte
Schäfflerstraße 9
85276 Pfaffenhofen an der Ilm
Germany 

Tel.: ++49 (0)8441 50420 – 0
Fax: ++49 (0)8441 50420 – 29
E-Mail: info@mekruphy.com
Internet: http://www.mekruphy.com

1. General

The following conditions of delivery and payment shall be exclusively binding for the business relations with our customers, when deliveries of our products are made. They shall be considered as accepted by the purchaser unless immediately repudiated by him in writing. No alterations to the terms of this contract shall be binding upon the sellers unless, and until, confirmed by him in writing. Verbal agreements shall be binding for both parties if they are confirmed in writing.

2. Prices

All prices are in EURO and ex works. For orders less than EURO 500,- we calculate EURO 50,- extra for handling costs.

3. Payment

Payment has to be done in advance.

4. Delivery

The time of delivery agreed upon shall be regarded as approximate.

Events beyond the seller's control by which delivery, or the transport of the goods, should be made impossible or essentially difficult, shall entitle the seller to cancel the contract or to postpone delivery until such hindrance may be overcome. This clause shall also apply if such hindrance or difficulty cause expenses which cannot be deemed acceptable on the grounds of equity and good faith. In the aforementioned, the term hindrance shall be regarded as including: official acts, unavailability of raw materials, difficulties in production and transport, strikes etc. The right to cancel the contract shall also be given if essential changes in business situation of the purchaser have taken place.

5. Complainments and Liability

Our oral and written advice in application techniques shall be given without any obligation - also as far as possible patent rights of third parties may be concerned - and does not release our customers from testing our products for themselves as to their suitability for the intended processes and purposes. If however, a liability on our part should come into question, we shall only pay damages in respect of redhibitory defects.

Complaints about the quality shall be made immediately, or at the latest, within eight days after receipt of the goods at their destination. At the same time, a sample of the faulty goods shall be sent to us. In case there is a defect, the buyer shall only be entitled to a reduced price or exchange.

Further claims for direct or indirect damage shall be excluded. Complaints or differences of any kind shall not preclude liability for payment. We shall not assume liability for the observance of legal regulations with regard to the processing of our products. The buyer shall be responsible for the observance of possible patents of application. Claims for the absence of promised characteristics or guarantees can only be put forward if the promised characteristics or guarantees have been confirmed in writing by us.

The packing of our goods is done very carefully. We are not liable for possible damages or losses, which may arise during transport. We recommend to notify the transport company immediately in case of damages or burglary. The authorized agent has to draw up an official report. The packing has to be stored till the incident is clarified.


6. Right of Property

The goods supplied shall remain our property until all outstanding claims have been settled. This right of property shall also apply to resold goods and products obtained from the processing of our products.

The buyer shall be entitled to dispose of the goods within the ordinary course of business. All other dispositions, especially bailments, disposals, security bills or transfers by exchange, shall not be allowed. Attachments made by third parties shall be reported immediately.

The claims of the buyer from the resale of our goods shall, now, already be assigned to us for reasons of security, regardless of whether the goods are resold to one or several buyers or are resold unprocessed or processed. In case the goods shall be sold by the buyer together with other goods which are not our property, the assignment of the purchasing price shall only be valid for the value of our goods. The buyer shall revocably be entitled to collect all debts from the resale.

At our request, the buyer shall have to advise us of the debtors in respect of whom he ceders his claims and shall have to inform the debtor of this assignment. In as much as the value of the security given to us exceeds out total claim by 25%, we shall engage - on request of the buyer - to release completely paid supplies as we choose.

7. Variation

Our goods are always adjusted to the educational, scientific and technical development. Therefore, all the illustrations and descriptions in our catalogue are without obligation in some details. We reserve the right to change the construction, completion and compilation.

8. Ineffectiveness

In case that one of the statements will become ineffective it will not affect the remaining statements. The ineffective statement has to be replaced by an effective one, which has to attain the same economical object.

9. Place of Fulfilment and Jurisdiction

The place of fulfilment and jurisdiction for all rights and liabilities resulting from the purchasing contract shall be Pfaffenhofen a. d. Ilm respectively Ingolstadt. This also refers to claims from bills of exchange, irrespective of their place of payment. Any disputes shall be settled in accordance with German law.