General Terms of PromptControl

1.1   These General Delivery and Payment Conditions exclusively form the basis for all offers, deliveries and any other services provided by PromptControl Technology - this shall also apply in future. Counter-confirmations given by the customer indicating his business or purchasing conditions shall be contradicted here. Deviating business conditions of the customer can only become part of the contract if they have been accepted by us in written form.

1.2   Our General Delivery and Payment Conditions shall only apply to those persons, who act as part of their own industrial or professional activities when concluding the contract as well as to legal entities of the public law or an asset under public law.

2.   Conclusion of Contract, Self-supply proviso, Re-exportation2.1   Orders will become legally binding with our written confirmation, whose content alone is applicable to the contractual relationship as well as for the scope of delivery and performance. Supplementary agreements, oral statements given by employees or representatives as well as changes to confirmed orders (including changes to contract items) require a written confirmation provided by us in order to become effective.

2.2   Our delivery obligation stands under the proviso of timely and orderly self-supply.

2.3   All products delivered by us shall be determined to stay in the delivery country agreed upon with the customer. The re-exportation of products basically shall be subject to Foreign Trade Regulations of Federal Republic of Germany or the country of origin and shall be subject to approval for the customer, if any. The customer has to inform himself/herself with regard to these regulations.

3.   Prices3.1   In the absence of specific agreements prices shall be ex work or warehouse plus package, dispatch and insurance and respective statutory value added tax. s

3.2   Prices shall only be applied for the respective order, i.e. not be applicable for orders in the past or in future.

3.3   On contracts with an agreed delivery time of more than five (5) weeks both contractual parties can demand a change of the agreed price to such extent, as changes of price formation factors which cannot be modified occur after the contract was concluded by the contractual parties, such as cost reductions or increases due to conclusion of a collective agreement or changes of the price for material.  The change of price shall be restricted to the extent required for the settlement of the cost reduction or increase incurred.  The contractual party shall be entitled to a respective price adjustment right - even if a factual delivery time of more than five (5) weeks occurs due to delays to be represented by the other party.

4.   Payment4.1  Within the credit limit which was granted by our credit insurer for a customer, payments shall be effected, if not otherwise explicitly agreed upon, within 30 days after invoice date net cash without deduction. The payment shall only be considered to be effected if we dispose of the amount (receipt of payment). In case of credit limit denial or cancellation by the credit insurer we only deliver against prepayment.

4.2   Draft and cheque will only be accepted after previous agreement and only on account of performance and shall only be considered to be payment after unreserved crediting. Bank fees, discount charges, draft and other fees plus value added tax shall be charged to the customer according to private discount interest.

4.3   If the customer is in delay with payment, we shall be entitled to charge default interest for late payment right from the point of time of delay in the amount of 9% above the basic interest rate which replaces the discount rate from the Bundesbank. The contractual partners are at liberty to prove a higher or substantially lower factual damage. Our rights according to Clause 5 para. 4 and the right to be entitled to charge due date interest of 3% p.a. above the basic interest rate, yet a minimum of 5% p.a. in case of a mutual trading operation right from due date shall remain unaffected.