General terms and conditions Acceptance of terms and conditions of sale All offers and agreements shall be based exclusively on the following terms and conditions. Buyer's differing terms and conditions not expressly accepted in writing shall not be binding. All offers made by LEHMANN Vertriebsgesellschaft mbH & Co. KG (referred to below in short as LEHMANN) are without obligation in principle unless expressly otherwise agreed. 1. Placing of order 1.1. The decisive factor for the conclusion of a contract of sale and the scope of the resulting supply commitments shall be corresponding written expressions of will by both parties to the contract. Verbal collateral agreements shall not be made. If persons not authorised to represent LEHMANN conclude agreements differing from or supplementary to this contract, including waiver of this written form clause, these shall be valid only if confirmed in writing by LEHMANN. Otherwise in case of doubt, changes and additions shall be binding only when confirmed in writing. 1.2. The customer shall be liable for the correctness of the documents and data it supplies, such as drawings, templates and samples. 1.3. The data, drawings and specifications given in catalogues, price lists or offer documents are approximate values customary in the industry unless expressly designated as binding in the acknowledgment. 2. Time of delivery and delays 2.1. Periods of delivery and deadlines shall be deemed only approximate unless we have expressly promised in writing that they shall be binding. In the case of sales ex works the periods of delivery and deadlines shall be deemed met if the goods leave the factory/warehouse within the period of delivery or by the deadline. They shall likewise be deemed met upon notifiction of readiness for shipment if the goods cannot be dispatched on time through no fault of ours. In the case of call-off transactions and/ or transactions where the buyer arranges collection of the goods purchased, making ready of the goods shall be deemed delivery. 2.2. The periods shall be extended appropriately if failure to meet periods of delivery is due to force majeure, e.g. mobilisation, war, riot or similar events such as strike or lockout. In such cases LEHMANN shall also be entitled to withdraw in full or in part from the unfulfilled part of the contract. 2.3. Compensation claims by the buyer for delayed delivery and compensation claims in lieu of performance shall be excluded in all cases of delayed delivery including after expiry of a time set by LEHMANN. This shall not apply to mandatory liability in cases of intent, gross negligence or injury to life, limb or health. The buyer may withdraw from the contract as provided by law only if LEHMANN is responsible for the delayed delivery and the buyer has set an appropriate extension of term of at least 4 weeks. The above provisions shall not imply a change to the burden of proof to the buyer's detriment. 3. Pricing Unless expressly otherwise agreed, prices are ex works, exclusive of value added tax at the rate in force and exclusive of packing, carriage, postage and insurance. The prices at the date of acknowledgment shall apply in principle. If a significant change occurs to certain cost factors, such as wages, input material or carriage, the agreed price may be adjusted appropriately according to the impact of the relevant cost factors unless there are mandatory legal provisions preventing this. Small orders up to a net goods value of EUR 250 are subject to an EUR 25 handling charge. In principle, goods will be delivered only in standard packs. We reserve the right to increase orders according to our pack sizes. Packaging is not taken back. Unless otherwise agreed, LEHMANN will choose the type of packing. 4. Terms of payment 4.1. All invoices are payable net within 30 days from the invoice date. Discount of 3% will be allowed for payment within 10 days provided that the buyer is not in default of settlement of accounts receivable. 4.2. Expenses such as bank charges levied upon remittance of the invoice value and the expenses of presentation of the shipping documents shall be to the buyer's account. 4.3. Cheques and bills will be discounted only on account of payment. Credit notes in respect of bills and cheques are issued subject to receipt of the expenses with the value date as at the date when the countervalue is at our disposal. Differences between the calculated rate and the official rate shall likewise be to the buyer's account. The risk of currency losses shall be borne by the buyer. 4.4. If the period of payment according to 4.1. is exceeded LEHMANN shall be entitled to charge interest for the year in the amount of 5 percentage points above the base interest rate in accordance with section 1 of the Base Interest Rates Transitional Act. 4.5. Rights of retention or offset are permissible only against claims that are undisputed or legally enforceable. 4.6. If the buyer is in arrears with a part payment LEHMANN may make the whole outstanding amount due immediately and withdraw from the contract and/or demand damages after first setting an appropriate time for payment or subsequent performance without result unless the setting of a time may be dispensed with according to provisions of law. If an invoice amount due is not paid despite two reminders, all outstanding invoice amounts shall become due immediately. 5. Dispatch and passing of risk The risk passes to the buyer, including in the case of delivery carriage prepaid, when the goods are handed over to the person in charge of shipping or loaded on to a vehicle by LEHMANN. LEHMANN shall be entitled but not obliged to insure deliveries in the buyer's name and for the buyer's account. In the case of damage in transit the buyer shall immediately ascertain the facts with the carrier or the appropriate bodies and inform LEHMANN. 6. Making to order Unless otherwise agreed the goods will be delivered in the shipping units indicated in the order documents. Smaller order quantities are subject to special agreement. Part deliveries of a reasonable volume are permissible. In the case of making to order the unit delivery may be subject to a shortfall or excess of up to 10%. 14.2 Technical details subject to modifications · all data without guarantee · © by LEHMANN-V. 0168-09/2012 Technische Änderungen vorbehalten · alle Angaben ohne Gewähr PRESTIGE 4 

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