AGB

General Conditions for the Sale and Delivery of used Machinery (international)

state 01/2010

I. Offer and Conclusion of Contract

1. For all offers and orders only the following terms and conditions shall apply. The seller's offers are without any engagement. They are used for putting the necessary documents for placing orders at the disposal of the seller's business partners. The orders placed shall only be valid with the written confirmation of the seller which has to be made within an adequate time.
2. All technical indications, descriptions, sketches, drawings, measurements and weights, makes, models, years and power data as well as indications about conditions, fixed and loose accessories made verbally or in writing, being part of the offers shall only apply if they are explicitely marked to be obligatory.
3. Supplements, amendments or additional agreements shall only be valid with the written confirmation of the seller.
4. If machines are not offered ex seller's works and if the location and its address have been indicated to the interested customer this one is obliged not to give it to third parties or to buy the indicated machine himself or via third parties in other ways than through the seller, as well he is engaged to negotiate any prices or conclude any contracts only via the seller. In the opposite case the recipient of the offer has to indemnify the seller for the lost profit being the difference between the wholesale price proved by him and the complete price offered.

II. Obligation for Delivery

1. The written order confirmation issued by the seller shall be decisive for the delivery scope.
2. The obligation to supply the sold machine shall be dropped without replacement if a double purchase has been made erroneously or if the machine has been destroyed or damaged in a way that it is no longer suitable for delivery. This exclusion of liability shall not apply in case of culpable negligence. The customer is responsible for the burden of proof.

III. Price and Payment

1. The prices are indicated ex sellers's works or ex current location.
2. Unless otherwise stipulated, payment of the purchase price shall be made immediately at readiness for shipment in cash, net. Checks and drafts shall only be accepted in case of special agreement for payment's sake; subject to discount. The validity shall be made on the day when the equivalent is available. The discount expenses, stamp-tax and collection costs shall be payable immediately in cash, unless otherwise stipulated.
3. In case of delayed payment interests on arrears of B % above the basic rate of interests shall be invoiced.
4. If the conditions of payment are not kept or in case of circumstances which the seller gets to know after conclusion of contract and which diminish the customer's credit-worthiness regarding bank standpoints all requests for payment shall be payable immediately, after reminder, without considering the period of validity of the drafts accepted. In this case the seller is authorized to execute outstanding deliveries and services only against advance payment or bail or to withdraw from the contract after an appropriate extension has expired.
5. Withholding payments or offsetting them with the purchaser's claims which are paid by the seller shall be excluded.

IV. Time of Delivery

1. The time of delivery is considered to be kept if, up to its expiry, the goods subject to the contract have left the seller's works resp. the readiness for shipment has been advised to the purchaser.
2. If unforeseeable circumstances appear which are beyond the seller's control the time of delivery shall be extended accordingly. This shall apply as well if the circumstances appear during an already existing delay.
3. If the customer is caused damage due to a delay created by the seller, particularly in case of a delivery date fixed with the seller, the purchaser is authorized to be indemnified, all further claims excluded. This Indemnification shall be 1/2 per cent for each whole week of delay, however, not more than a total of 5 per cent of the partial resp. the complete order scope which has not been supplied in time due to the delay.
4. If the shipment resp. the acceptance of the goods subject to the contract is delayed due to circumstances caused by the purchaser he has to pay the complete storing costs caused at a third party's works resp., In case of storing the goods at the seller's works, 0,5 % of the amount invoiced per month started, beginning 14 days after the date of advising readiness for shipment. After an extension has expired fruitlessly the seller is authorized to use the goods subject to delivery and hold the purchaser liable for a thus resulting decrease in profit.
5. The purchaser's performance of his duties resulting from the contract is the prerequisite for keeping the time of delivery.

V. Delivery, Transition of Risks

1. The delivery conditions agreed upon are to be considered to comply with the INCOTERMS valid at conclusion of contract. If no delivery condition is mentioned in the contract the goods are considered to be delivered "ex works" (EXW).
2. Handing over the goods subject to the contract to the forwarder, carrier or the person collecting the goods or when transporting them with the seller's means of transport, latest when leaving the seller's works the risk shall be passed to the purchaser. On the purchaser's request the goods shall be insured against transport damages by the seller, at the charge of the purchaser.
3. If delivery is delayed due to circumstances beyond the seller's control the risk shall be passed to the purchaser on the date of readiness of transport. On the purchaser's request the seller shall be obliged to insure the goods against damages. The customer shall be charged for the costs caused.
4. Partial shipments are allowed.

VI. Reservation of Proprietary Rights

1. All goods subject to the contract shall remain in the seller's property until full payment of all claims has been made, provided that such a reservation of proprietary rights is effective according to applicable law.
2. On the seller's request the purchaser has to support extensively the seller's efforts to safe his proprietary rights in the country concerned.
3. The reservation of proprietary rights does not affect the regulations regarding transition of risks as per No. V.

VII. Liability for Defects

1. Used machines and units shall be sold In their current condition, to the exclusion of all warranty claims. Accessories shall be supplied as far as available. The purchaser has the right to inspect and check the goods before conclusion of contract.

VIII. Jurisdiction and applicable Law

1. If the purchaser is a full merchant, a legal entity of public law or a public- law special property the place of payment and exclusive jurisdiction - also concerning actions in document processes and processes of drafts - is for both parties and for several current and future claims resulting from the business connection the headquarter of the seller. The seller is, however, also authorised to institute proceedings at the purchaser's headquarter.
2. All relations concerning law shall be subject to substantive German Law; the UN Convention on the internal sale of goods shall not apply.

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WOMA Wood Machinery Daniel Köhler · Am langen Streif 8 · 36433 Bad Salzungen / OT Langenfeld · Germany
Ph: +49 (0)3695 858450-0 · Fax +49 (0)3695 858450-9 · info@woma-brush.com

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