LSS - Industrievertretung

LSS-Industrievertretung e.K.’s General Terms and Conditions of Purchase

                                                                                                                        January 2014  

I.             General – Scope of Application

1.     Our General Terms and Conditions of Purchase apply exclusively; we do not accept any of the Supplier’s conditions, unless we agreeto their application in writing. Our General Terms and Conditions of Purchasealso apply if we, being aware that the Supplier's terms and conditions may conflict with or deviate from our own, unreservedly accept the delivery.

2.     Our General Terms and Conditions of Purchase only apply to entrepreneurs.

II.            Offer

The Supplier shall get in contact with us possibly right after having received our order. Unless otherwise agreed, the supplier can only accept our order within 3 working days from the date of the order by sending an order confirmation which indicates the order number, the customer references and the date of delivery.

III.           Prices – Conditionsof Payment

1.     The price indicated in the order is binding. Unless otherwise agreed in writing, the price includes carriage-free delivery and packaging. The return of the packaging needs to be agreed upon specifically.

2.     The statutory value added tax is included in the price.

3.     We can only process invoices if these indicate - inaccordance with the specifications of our order - the order number and customer references shown on our order; the supplier is responsible for any consequences resulting from the non-observance of this obligation.

4.     The purchase price will be paid within 60 days from the invoice date, unless otherwise agreed in writing.

5.     We are entitled to the rights of setoff and retention to the extent provided by statute.

IV.           Time of delivery

1.     The time of delivery indicated in the order is binding.

2.     The Supplier is obliged to inform us in writing or by e-mail and without delay if circumstances arise or become perceptible to him from which it is evident that the delivery date cannot be met.

3.     In the event of a delay in delivery we are entitled to the statutory claims. In particular, should the Supplier not render performance when it is due, we may demand damages in lieu of performance, if we have without result set a reasonable period for the Supplier for performance. The specification of a period of time can be dispensed with if there are special circumstances which, when the interests of both parties are weighed, justify immediate revocation.

4.     If we demand damages, the Supplier may prove that he is not responsible for the breach of duty.

V.            Dispatch

The Supplier shall inform us, at the latest when the item leaves the works, about the dispatch by transmitting the transport documents. The dispatch note, the consignment note and the address on the packaging shall show ourdispatch address and order number. The Supplier is responsible for all damagesand costs caused by faulty dispatch, unless the Supplier proves that he is notresponsible for the breach of duty.

VI.           Delivery

1.     The delivery is, unless otherwise agreed, carriage-free.

2.     The Supplier is obliged to exactly indicate our order number and customer references on all transport documents and delivery notes; if this is not the case, we are not responsible for a delayed processing.

VII.          Liability for Defects

We shall be entitled to the statutory claims for defects without restrictions; in any case we may demand that a thing free of defects is supplied. The right to claim damages, in particular damages in lieu of performance for nonperformance or failure to render performance as owed, remains reserved.

VIII.         Product Liability

1.     The Supplier is obliged to indemnify us at the first demand against claims for damages from third parties provided that the cause originates from his sphere and that he, too, is externally liable.

2.     The Supplier commits himself to maintain a productliability insurance with a coverage of at least 5 million EUR.

IX.           Applicable Law, Place of Jurisdiction

1.     All legal relationships between us and the Supplier shall be exclusively bound by and construed in accordance with German law and the laws applicable in Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

2.     The place of jurisdiction is the court which has jurisdiction over our registered office. However, we are entitled to take legalaction at the court having jurisdiction at the registered office of theSupplier.

X.            Translation

This English translation of LSS-Industrievertretung e.K.’s General Terms and Conditions of Purchase is provided for information purposes only. The German version (AllgemeineEinkaufsbedingungen der LSS-Industrievertretung e.K.) shall take priority over the English translation.