1. Validity of these conditions.

These conditions are applicable to all offers and deliveries made by us to third parties and to all agreements of purchase and sale concluded by us with third parties and to their execution and consequences. Conditions which are put by applicants, principals or buyers on their notepaper or order forms or registered somewhere are not binding towards the present conditions.

2. Offers.

Our offers are always without engagement. Orders given to us as well as promises of our travelers, agents or employees are only binding for us after written confirmation on our part.

3. Delivery time and quantities.

An agreed delivery time is performed as much as possible. However exceeding of the delivery-time does not entitle buyer to compensation or to cancellation of the agreement. We reserve the right to ourselves to deliver 5 % more or less of the quantity fixed or called for. The in reality delivered quantities are charged.

4. Force Majeure.

In case of force majeure the agreement can either be considered as judicially cancelled without buyer's being entitled of any compensation or the delivery time(s) are extended with the currency of the force majeure. On our part will a. o. be considered as force majeure: war, mobilization, blockade stagnation of work, transport obstructions, measures of commercial policy, strikes, the non-delivery or non due deliveries of the goods by suppliers to us and in general all circumstances, events, causes and consequences which are beyond our control without our having to show the influence of one or more of the circumstances mentioned above.

5. Complaints.

All complaints have to be made in writing, directly to us and have to be in our possession within eight days after receipt of the goods by buyer and before the goods are entirely or partly worked up in default of which buyer has lost his right of complaining. In case of discrepancy of opinion about the execution of the contract of sale or complaint about the quality of the delivered goods buyer is not justified to refuse the goods and their payment entirely or partly. If complaints are well-founded, we have the right exclusive of each right of compensation of buyer, either to take back the goods and to renounce delivery or further delivery, or to desire that buyer keeps the good against a suitable reduction or to make follow gratis redelivery as soon as possible. Complaints do not give buyer the right to claim cancellation of the purchase. Except the above-mentioned settled right of complaining buyer cannot derive any right from defective delivery. Particularly, we shall never be responsible for damage, suffered indirectly or directly by buyer or third parties, resulting from faults of goods delivered by us, while buyer saves us harmless and indemnified against all rights of third parties in this matter of defective deliveries made by us.

6. Prices.

We reserve the right to ourselves to alter the prices mentioned by us in virtue of increase of the prices of raw material or auxiliary substances, wages and transport charges, of measures of commercial policy and changes in the rates of exchange, taking place after the realization of the agreement.

7. Transport.

All goods, also these being sold franco, are transported at buyer's risk. Agreements concluded by us against third parties concerning the transport of goods to be delivered by us do not bring about a change in this matter. They are esteemed to be concluded in the interest and for account and risk for buyer. As far as no free delivery to buyer has been agreed, we order the transport to a forwarding agent, but only by buyer’s request, without accepting responsibility therefore. Goods which are not forwarded through no fault of us remain for account and risk of buyer, without any responsibility on our part.

8. Payment.

All deliveries take place on the condition: payment by means of a transferable, divisable confirmed and irrevocable bank credit, unless agreed otherwise. Each agreement is concluded by us under contingent conditions that sufficient credit status of buyer appears to us by references to be taken up by us. We reserve the right to ourselves to desire a security of buyer for the fulfillment of his obligations. If no payment has been agreed by means of a bank credit, buyer owes an interest at 1 % for each month or part of it that he will be in default with due payment on the agreed time(s). Compensation will never be granted in such a case whilst the claim for payment of the entire purchase price will be payable in each case of no prompt payment of an agreed term at maturity, when buyer has come in bankruptcy, applies for a moratorium of his being placed under legal control is applied when any attachment of goods or claims of buyer is levied and when buyer dies, respectively goes into liquidation or is dissolved. All judicial and extrajudicial costs connected with the collection of any payable amount, as costs of attachment, legal costs, costs of bankruptcy petition, extrajudicial collecting charges which will be charged to us by our representative and which charges are at least estimated at 10 % of the amount to be collected, will be entirely for buyer's account. As long as buyer has not made complete payment to us, due to any agreement of purchase and sale of goods, the delivered goods remain our property, though for account and risk of buyer, either worked up, or not worked up.

9. Special conditions.

In continuation of our conditions are in force for these orders for which we conclude contracts with our suppliers and factories also the terms of delivery of the said suppliers and factories, on the understanding that in case of contrariety our conditions have priority. The conditions of our suppliers and factories are on request hold at buyer’s disposal.

10. Competent Judge.

All disagreements with regard to agreements or their execution, to which the present conditions are applicable, will be decided by the competent Judge in India, unless we have pointed out in writing after arising of the disagreement to prefer an adjudgement by the Judge of the domicile of buyer. Indian legislation will be applicable to mentioned agreements and their execution.