1.2 Changes and additions to our offer or other agreements made require our written confirmation to be effective.
1.3 Offers made by our representatives require our written confirmation to be legally effective.
1.4 Our general terms and conditions of delivery and payment shall apply upon acceptance of the offer.
2.1 Our prices are exclusive of packaging ex our works, unless special agreements have been made.
2.2 Invoices are due immediately after delivery without deduction.
2.3 The unit of quantity determined by us shall be decisive for invoicing.
3.1 Samples can only be regarded as approximate outturn samples.
3.2 Delivery dates are given to the best of our judgement, but without obligation.
3.3 In the event of any delay in delivery, claims for damages by the Buyer shall be excluded. The Buyer may withdraw from the transaction after expiry of a reasonable grace period, unless the goods are already in process.
3.4 If the Buyer is in default with the acceptance of a whole or partial delivery, we shall be entitled, among other things, to withdraw from the contract without granting a grace period.
3.5 Force majeure, strikes, official interventions or other events or disruptions of any kind, whether in our own operations or those of our suppliers, which are not subject to our direct influence, shall entitle us to withdraw from the contract in whole or in part or to postpone the delivery deadlines, without any claims of any kind being able to be made against us as a result.
4.1 In the case of subcontract work according to the instructions sent in, we do not assume any guarantee for the finished product in therapeutic or pharmacological terms.
4.2 In the case of all contract work, the manufacturing instructions must be made known to us in writing by the purchaser in an unambiguous form. Any special requests for solubility, disintegrability, tropical resistance, etc. must be communicated to us in writing for each individual order. In other cases, we shall work in accordance with the procedures we deem suitable, which shall be deemed to have been approved by the Buyer.
4.3 If the compound contains free or combined iodine, bromine salts, extracts, organ preparations or acids, or if it is hygroscopic, toxic or explosive, we must be informed of this in writing in every case.
5.2 We reserve the right to use payments, even if they are used for other purposes, to settle a debt item chosen by us plus any default interest thereon.
5.3 If we accept bills of exchange or checks, this shall be on account of performance. Any expenses and costs incurred shall be borne by the Buyer.
5.4 In the event of default in payment, we shall be entitled, subject to our other statutory and contractual rights, to stop further deliveries immediately or to withdraw from the contract without the Buyer being entitled to claim damages against us.
6. Retention of title
6.2 The Buyer shall notify us without delay of any seizure by third parties of the goods belonging to us or of any claims in lieu thereof.
7. notices of defects
7. Notice of defects
7.2 Possible complaints can only be considered if they are made in writing within 8 days after receipt of the goods at the latest, in the case of hidden defects within 3 months after delivery of the goods at the latest, stating the invoice and order number. The purchaser is obliged to inspect the goods immediately after delivery, also for hidden defects. In the event of further processing and resale by the Buyer, the goods shall be deemed not to be subject to complaint.
7.3 Goods which are the subject of a complaint may only be returned with our express consent. In the event of shortages, we shall have the option of making subsequent deliveries or issuing a corresponding credit note.
7.4 Our liability for any damage resulting from the delivery of defective goods or for wrong deliveries, even after the sale of these goods to third parties, shall be limited to the purchase price of the delivery complained about. Further claims of any kind are excluded.
8. final provisions
8. Final provisions
8.1 The place of performance for deliveries and payments shall be Recklinghausen. The place of jurisdiction for all disputes shall be the Local Court of Recklinghausen.
8.2 If one or other provision of these General Terms and Conditions of Delivery and Payment becomes invalid, it shall be replaced by the general law of the Federal Republic of Germany. The validity of the remaining provisions shall not be affected.