ALEMANIA GLAS GmbH

Hauptstr. 38 a

98744 Schwarzatal

General Terms and Conditions of Trade

1. General

The following general terms and conditions of sale shall apply to all contracts with  ALEMANIA Glas GmbH. With the placing of the order, the buyer accepts the terms and conditions below. The terms and conditions of purchase of the buyer do not oblige us, even if we do not expressly oppose them. Our terms and conditions of sale shall apply exclusively even if the order of the buyer contains other restrictions or supplements.

2.Prices

Upon request you will be informed about prices without value added tax. The calculation is made in Euro at the prices valid on the day of delivery taking into account the statutory valid added tax.

3. Placing of Orders

Offers and orders orally placed or placed by remote data transmission shall not become legally binding until confirmed by us in writing or when we have sent the goods to the buyer together with the invoice. Particular requests or specifications shall be repeated in each order. Offers are not binding.

4. Minimum Order Volumes

The minimum order volume is currently € 100 (plus value added tax pursuant to statutory provisions). In case of order volumes below this amount, we will charge a lump sum for processing of € 15 (plus value added tax pursuant to the statutory provisions).

5. Delivery

The shipment always takes place at the risk of the buyer. The risk passes to the buyer as soon as the goods leave the point of delivery of ALEMANIA Glas GmbH. Freight costs shall be borne by the buyer.

6. Delivery Time

The delivery times indicated by us in offers and orders are always not binding. In case of force majeure or circumstances caused by the customer or by a preliminary supplier, the delivery time shall be appropriately extended or we have the right to withdraw from the delivery time.

7. Packaging

The delivery is always carried out including packaging of the manufacturer. We select further packaging according to the respective requirements. Additional costs resulting from additional packaging will be charged separately. Customer owned packaging may only be used after prior agreement. The return of packaging within the scope of statutory provisions is only possible after prior consultation with us.

8. Excess Delivery and Short Delivery

Excess- and short delivery caused by technology up to 10% are allowed

9. Complaints, Warranty and Liability

After receipt of the goods, the buyer shall immediately check whether or not the nature and quantity complies with the contractual agreements. Defects that can be detected when the goods are properly checked and deliveries of goods and quantities different from the ordered goods or quantities shall be objected to within 14 days after they have been detected. Hidden defects shall be immediately communicated to the supplier after detection but 2 months after arrival of the goods at the latest. If the buyer does not object to the goods in time, the goods shall be considered as accepted by the buyer with regard to nature and quantity. Goods that have been objected to may only be returned with our express consent. If the buyer has objected to defects or deliveries of other than the ordered goods, we choose to exchange the goods or to take them back against reimbursement of the purchase price. Upon delivery, damages in transit shall be recorded in the respective shipping documents and signed by the buyer as well as by the supplier.

10. Terms of Paymentn

Payment obligations due to deliveries of goods shall be settled in full within 30 days after the date of invoice. If a payment is made within 10 days after the date of invoice, we will grant a discount of 2%. Invoices regarding rendered services are immediately due in full. In case of payments made by transfer or cheque, the payment obligation is not fulfilled until the invoice amount is credited to our bank account. In case of delayed payment we are entitled to charge interest normal in banking practice, at least, however, amounting to 4% above the respective discount rate of the Deutsche Bundesbank (German Federal Bank). In case of new business relations, we are entitled to demand an advance payment.

11. Cancellation of Orders / Return of Goods

If an order is cancelled by the buyer prior to the delivery of the goods, the ALEMANIA Glas GmbH has the right to charge the buyer for all costs resulting from the cancellation. This shall particularly apply to cancellation- and withdrawal costs that are charged to ALEMANIA Glas GmbH by the supplier.

12. Reservation of Proprietary Rights

All goods delivered by us remain our property until the buyer has paid his entire liabilities arsing from the mutual business relations. If the buyer processes the goods delivered by us, we shall be considered as the manufacturer and gain ownership of the new goods. The buyer shall already now assign claims to us arising from the sale of goods to which we have proprietary rights within the scope of our ownership share in the sold goods as a security. The buyer shall immediately inform us about any restriction of our rights to the goods in our possession, particularly garnishments or other seizures. If the buyer does not completely fulfil his obligations vis-à-vis us, he shall return the goods to ALEMANIA Glas GmbH upon request without our withdrawal from the contract.

13. Non-Binding Counselling

We consult our customers with regard to application technology to the best of our knowledge within the scope of the available possibilities, however, on a non-binding basis. This shall also particularly apply with regard to the compliance with any trade mark rights of third parties. Our proposals do not exempt our customers from the requirement to check our products on their own responsibility with regard to suitability for the intended purposes.

14. Applicable Sale of Goods Law

The contractual relationship is subject to the law of the Federal Republic of Germany. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not be applied.

15. Place of Performance

Place of performance is our registered office from which the delivery is made. Place of performance for the obligations of the buyer, particularly for the payment, is Meuselbach.

16. Place of Jurisdiction

If legally admissible, Jena shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.

17. Effectiveness of Individual Provisions

If individual provisions are ineffective, the validity of the other provisions shall not be affected.

18. Documents, Drawings and Samples

Documents, drawings and samples as well as other documents shall not be made available to third parties. Non-compliances will lead to damages and entitle us to use the legally available means.

ALEMANIA Glas GmbH, Meuselbach

Commercial register, HRB 207.521