> Terms of Payment and Delivery

1. Prices
    All prices are to be understood in € (EURO). All additional agreement, particularly concerning terms of payment - require explicitly our written confirmation. Our prices are based on the calculation scheme of the day our price-list is edited, or on an offer made. If there should be a change of the calculation base due to increase of wages, raw material or other cost until the delivery of the goods, we reserve the right to correct our price accordingly prediction. If the value of an order is less than € (EURO) 300,- net, there is an additional amount of € (EURO) 20,- for working on this order.
2. Discount
    To our wholesales and exporters, we grant a discount on the pricelist, according to their function and to the quantity of an order.
3. Packing
    Packing material for parcel post will be charged at cost price, except the customer requires special packaging. So, for European and Overseas trade, special millboard cases will be used which will be charged at usual market value. Pallets are generally charged at cost price.
4. Delivery
    Dispatch will be handled the cheapest way, with a forwarding agent of our choice. Complete articles of our stan-dard catalogue, as well as the novelty catalogue, will be delivered ex factory if the value of an order is less than € (EURO) 1.500.-. At a net value of more than € (EURO) 1.500.-, the delivery will be handled FOB.
5. Delivery in general
    Delivery terms are generally ex factory, without the need of further confirmation. As for express delivery, it is generally the customer who is charged with the costs, except a date fixed in written form cannot be kept at our fault. Our fault is excluded if there is a shortage in raw material and energy, traffic problems, measures taken by the official authorities, workers strike or in case of war. Our fault is excluded as well, if our suppliers are faced with a situation mentioned above.
6. Insurance
    Our deliveries will only be insured by us, if the customer wishes this explicitly and the customer will be charged with the costs. According to each individual order, we will get information concerning the respective insurance and the customer will be debited
7. Damage
    caused by transport and reclamations: All our deliveries are subject to minute quality control and exact execution. Regular checking of the packing existing on the market is standard in our house. A global insurance (see point 6) of our deliveries is therefore not necessary. An insurance serves therefore, without exception, the additional security of our customer. In case of any breakage we as the consignor are not responsible but the carrier - post, railway authorities, forwarding agents, UPS - so please report any damage immediately to the carrier, also if on the outside there is no visible sign of damage, because the goods have left our company faultless. With deliveries where the customer has explicitly required insurance and where he was charged with the insurance cost, we shall regulate on request of the customer this case with our insurance - in case of a damage of more than € (EURO) 50,- a survey report is required.
8. Reclamations
    Reports on reclamations concerning quality or quantity need to be regulated immediately after their recognition at the latest 30 days after invoice date for the export market. Items of the respective reclamation must be send to us free of charge, deliveries ex factory cannot be accepted. In case of a justified reclamation, we replace the cost of freight which our customer paid in advance. We work on the faults, exchange the goods or give a credit note, according to our preference. We explicitly exclude further claims like replacement of costs caused through damages or claims for damage that is entailed
9. Order confirmation
    Generally there is only a confirmation of the order, if the order differs essentially concerning product description, prices and terms of delivery and payment, or if the customer wishes to have a confirmation explicitly.
10. Special production
    Special productions require a written offer from our side with exact product declaration; the offer is generally given at net prices.
11. Delivery time
    Our delivery time is generally 3 - 4 weeks for standard goods in usual quantities. For special production and big quantities, the delivery time mentioned on our respective offer is valid, taking into account the aspects stated in no. 4.
12. Statement of ownership
    All goods delivered by us remain our propriety until their complete payment is effected. The buyer is entitled to dispose of the goods in regular business relations. We shall claim all payments of these transactions, until the invoice of our delivery is completely paid.
13. Payment
    Within 14 days 2 % cash discount or within 30 days net. Our invoice date issued on the day of delivery is decisive. Checks and drafts are accepted, but are only valid after being presented at our bank and credited to one of our accounts. Drafts are only accepted as mode of payment if a written agreement has preceded upon its acceptance.
    Additional bank charges caused by the draft are generally for the applicant.
    There is generally no cash discount for payment by draft. Payment can be effected by means of Letter of Credit, irrevocable and confirmed, to be opened in our favor at the STADT-SPARKASSE, branch Solingen, Germany, DEUTSCHE BANK AG, branch Nettetal, Germany and/or ABN AMRO bank, branch Venlo, The Netherlands. Payment by L/C will be only accepted if the value is more than € (EURO) 2.500,- and in this case we grant you an extra 3 % cash discount If the value is less than € (EURO) 2.500.- we accept L/C only if all bank charges are carried by the applicant inside and outside of Germany, or we accept payment by advanced check or cash against documents.
14. Our terms of payment and delivery
    are also binding if they should not coincide with the buying conditions of the customer.
    There need not be issued a special remark by us in such a case, not even in case the condition of the customer should require a note on discrepancy. Our conditions are accepted legally with each order addressed to us.
15. Legal arrangement
    As place of pay-ment and fulfillment as well as jurisdiction arising from all deliveries, the seat of the company ERLINDA cutlery, Solingen, is thus appointed as court of justice: SOLINGEN (Germany) and/or VENLO (The Netherlands) insofar as no other competent court has been confirmed by us.
February 1996