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§ 1 Scope of application

(1) The deliveries, services and offers of the Seller are subject to these terms and conditions. They also apply to all future business relations, even if they are not expressly agreed again. At the latest with the acceptance of the goods or services by the Company these conditions shall be deemed accepted . Confirmations of the buyer with reference to his business and shopping conditions are hereby rejected.

(2) Differing, conflicting or additional terms and conditions , even if known , not part of the contract unless their validity is expressly agreed in writing by an authorized representative director or an authorized employee of INKO .

§ 2 Conclusion of contract

(1) Our offers are subject to change. Technical changes and changes in shape, color and / or weight or dimensions are reserved within reasonable limits.

(2) If the customer makes a binding declaration ordering the goods , to purchase the ordered goods. We are entitled to accept the contractual offer contained in the order within 2 weeks after receipt by us , The acceptance can be declared either in writing or by delivering the goods to the customer.

(3) The final contract is subject to the correct and timely delivery by our suppliers. This applies only to the case of non-delivery is not attributable to us , especially when a congruent hedging transaction with our supplier. The customer will be informed immediately of the unavailability of the service . The payment will be refunded immediately.

(4) Subject to any express and immediate objection by the customer we can accept orders in part .

(5) We reserve the right to make changes to the product and / or packaging without specific consent of the customer, unless these are due to the development or represent improvements.

(6) Ancillary agreements, amendments and additions are generally only effective if confirmed in writing.

§ 3 Deliveries

(1) Delivery dates and deadlines, which can be binding or non-binding, in writing.

(2) In the presence of reasons for which the seller delays the duration of the buyer by law to be set grace period to 4 weeks as is specified that begins with receipt of respite from the seller.

(3) Delays in delivery Damage claims by the buyer , unless caused by intent or gross negligence of our legal representatives or vicarious agents.

(4) If the buyer is a merchant according to the Commercial Code and the contract is part of his trade are claims for damages for delay in delivery beyond ruled against the seller and against its vicarious agents and legal representatives , unless intentional or grossly negligent acts present.

(5) Unless the merchant according to the Commercial Code and the contract is part of his trade , the seller has delivery delays due to force majeure and due to events that make it difficult for the Seller to or impossible – are particularly strikes , lockouts, official orders , etc., even if they occur at the Seller’s suppliers or their subcontractors – even with binding deadlines and dates have been agreed . They entitle the seller to postpone delivery for the duration of the hindrance plus a reasonable start-up period or to withdraw from the contract for the part not yet fulfilled in whole or in part. If the hindrance lasts longer than 3 months, the buyer is after setting a grace period of 4 weeks, starting upon receipt of the grace period the seller entitled to withdraw from the unfulfilled part of the contract. If the delivery time , or if the seller of its obligation, the buyer shall have no claim for damages. In the said circumstances , the seller may rely only if he notifies the buyer immediately. All provisions of this paragraph apply only if the buyer is a merchant according to the Commercial Code and the contract is part of his trade.

§ 4 Passing of Risk

(1) The risk of accidental loss and accidental deterioration of the goods is the transfer , on sale to the delivery of the goods to the shipper, the carrier, or otherwise to execute the dispatch person or institution to the buyer.

(2) The handover is the same, if the buyer is in default of acceptance.

(3) At the Buyer’s request, we will at its own cost the goods against theft , breakage, transport, fire and water damage as well as against other insurable risks assure that requires the buyer.

§ 5 Payment

(1) The stated deals marked as mandatory are binding for us only within the Acceptance Period.

(2) If prices were not expressly agreed , the valid list prices on the day the invoice as agreed. Are the prices contained therein increased in comparison to other list prices valid on the day the contract is signed , the buyer has the right to cancel within 14 days of the invoice date of the contract. About the price increase INKO will inform the customer . Increases in VAT remain out of consideration here.

(3) Unless otherwise agreed in writing with the Buyer , all prices are valid ex works / warehouse. The dispatch of purchase , the purchase price is exclusive of the current Mehrwertstuer and do not include transportation, postage or packing costs, no insurance costs , customs fees and other incidental charges.

(4) Unless otherwise agreed, we are entitled to adjust the agreed prices / fees to increase in wages, materials , raw materials and labor costs , for firmly agreed with the conclusion of the contract price , but only if a between contracting and delivery period of more than 6 weeks is and the cost increases occurred after the conclusion of the contract.

(5) The customer agrees to pay the purchase price within 10 days of receipt of goods . After the deadline, the customer is in default of payment. During the delay, the customer has the debt at the rate of currently 8% interest above the base rate . We reserve the right to prove a higher damage caused by default and assert . In case of default , we are still entitled to withdraw from an agreement concluded with the buyer other contracts , unless the buyer fails to make an advance payment or security , or to make delivery only against cash . The same is true if we Asset deterioration of the buyer are known , makes his creditworthiness and the realization of our demands for our estimation appear as concrete risk. To a set-off , retention or reduction of the Buyer shall only be entitled to if the corresponding counter-claim was res judicata or has been acknowledged in writing by us . A lien can only be exercised by the way , if the counter-claim of the customer based on the same contractual relationship.

§ 6 Warranty

(1) We guarantee for defects in the goods at our option by repair or replacement.

(2) If subsequent performance fails , the customer may, at his discretion reduce the purchase price ( reduction) or Cancel the contract ( rescission) . Case of a minor breach of contract, especially with only minor defects, the customer shall have no right of withdrawal, however .

(3) The buyer must contact us obvious defects within a period of 2 weeks View from receipt of the goods , otherwise the assertion of the warranty claim is excluded. To comply with the deadline. The customer shall bear the full burden of proof for all claims, in particular for the defect itself, the time of discovery of the defect and for the timeliness of the complaint.

(4) If the customer due to a legal or material defect after subsequent withdrawal from the contract , he is not standing next to damages for the defect. If the customer chooses , after failed subsequent fulfillment , the goods remain with the customer if this is reasonable. The compensation is limited to the difference between the purchase price and the value of the defective item . This does not apply if we have caused the breach of contract.

(5) The warranty period is 1 year from date of delivery.

(6) As a condition of the goods only the manufacturer’s product description as agreed. Public statements, claims or advertising shall not represent a contractual condition of the goods dar.

§7 Retention of title

(1) We reserve title to the goods until full payment of all claims arising from an ongoing business relationship.

(2) The customer is obliged to treat the goods with care and as long as it is under our retention of title to insure against the usual risks such as fire, water and theft at his expense and shall assign to us for the event insured against all of its claims against the insurer or tortfeasor priority already now . We take this assignment.

(3) The customer is obliged to inform us immediately a third party access to the goods, as in the case of a seizure or of any damage or destruction of the goods . The Customer expressly agrees that we in the event that our security interests are specifically at risk are entitled to collect the reserved goods or otherwise make , which ensure not constitute unlawful interference .

(4) We are entitled to withdraw breach of contract by the customer, especially in case of default or breach of the above obligations defined these provisions from the contract or demand the goods.

(5) The customer is entitled to resell the goods in the ordinary course of business. He assigns to us all claims in the amount of the invoice amount that gradually grow it by the sale to a third party. We hereby accept the assignment . After the assignment, the customer is entitled to inclusion of the claim. We reserve the claim itself to collect as soon as the customer does not meet his payment obligations and is in default.

§ 8 Liability

(1) In the case of slightly negligent breach of duty by our vicarious agents, we shall not be liable.

(2) The above limitation of liability does not affect the customer’s claims arising from product liability . The limitations of liability do not apply to bodily injury, damage to health or loss of life of the customer.

(3) All customer claims due to a defect shall expire 1 year from date of delivery. This does not apply if we are guilty of gross negligence . Furthermore, in the case of us attributable to body or health or loss of life of Customers..

(4) If a defect damage, especially in the field of product liability , we are liable to commit unless otherwise mandatory statutory provisions on this , not for lost profits or other financial damages of the buyer. In the context of guaranteed characteristics we be liable for consequential damages only if and to the extent , if and as we have submitted representations should protect the buyer just before certain consequential damages.

§ 9 Final provisions

(1) The law of the Federal Republic of Germany . The provisions of the UN Sales Convention do not apply.

(2) If the customer is a merchant , legal entity under public law or public special fund, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office. The same applies if the customer has no general jurisdiction in Germany or whose domicile or habitual residence at the time of action are not known.

(3) If individual provisions of the contract with the customer including these general terms and conditions in whole or in part, be or become invalid , this shall not affect the validity of the remaining provisions . The wholly or partially invalid provision shall be replaced by a provision whose economic purpose of the invalid as closely as possible.