GENERAL CONDITIONS OF BUSINESS:
1. A contract shall only come into existence when the order has been accepted in writing. The recipient of the order (the supplier) may accept the order at any time within 2 weeks, which period shall be calculated from the date the order was posted.
2. The goods shall remain the property of the supplier until payment has been received in full (including any additional costs such as transport costs, interest on arrears etc.).
3. It is agreed that the place for ful filment of the contract shall be the supplier's distribution centre. It is further agreed that the courts having jurisdiction over, and the applicable proper law for dealing with, disputes arising from the contract or its dissolution shall be the courts where the registered office of the supplier is situated and the national law applicable in the country where such office is situated.
4. The costs of transporting the goods, in particular the freight and applicable insurance charges, shall be for the account of the person placing the order (the customer). The supplier shall have no obligation to take back any packaging materials.
5. If payment is not made on due date the supplier shall be entitled to charge interest at a rate of 1.5% per month and to recover the costs incurred in obtaining payment.
6. The customer shall have the obligation to check the goods immediately and to inform the supplier in writing within 10 days of any defect, failing which the customer shall have no right to claim any damages in respect there of. Where lack of performance or defective performance on the part of the supplier occurs, the supplier shall have the choice of remedy (in particular between exchange, correction, reduction, replacement). Under no circumstances shall the supplier be liable for minor defects in performance.
7. Set-off against claims of the supplier shall not be allowed. The customer shall not be entitled to retain or keep back any portion of the purchase price for any reason whatsoever.
8. The customer hereby confirms that it has been made thoroughly acquainted with the operation of the machine and has had the sources of danger expressly pointed out to it and further confirms that it knows the operating instructions. The customer also undertakes to follow the operating instructions exactly in order to avoid injury to persons and damage to the goods and other property.
9. The supplier shall be entitled to assign and transfer all rights and obligations to an authorised dealer and thereby to free itself from its obligations under the contract. In such a case references to the supplier shall be deemed to be references to the dealer, including especially references to the place of residence of the supplier.
10. Alterations or additions to the contract must be in writing. If a term of the contract should be or become invalid, it is agreed that the nearest possible similar condition with the same economic purpose shall be substituted in its place, and that this will not affect the validity of the remaining conditions. If a FELDER-partner agreement exists, the conditions of that contract shall take precedence over these conditions.