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General Terms & Conditions of Delivery & Payment

1. Scope
All contracts between the Seller and the Buyer shall be governed exclusively by the following General Terms & Conditions of Delivery & Payment. The Buyer shall have recognised these terms and conditions upon issue of order, or upon acceptance of order at latest.
Individual verbal accords, including those with the Seller’s fieldworkers, differing from these General Term & Conditions of Delivery and Payment, or supplementing them, shall only become effective if the Seller has confirmed them.

2. Conclusion of contract
The Seller‘s offers shall be without obligation. The contractual offer shall be comprised in the issue of order by the Buyer. The Seller shall be bound by his contractual offer for two weeks. This term shall begin to run upon dispatch of offer. The contract shall be created through confirmation of order or by the Seller’s delivery, as the latter may choose.

3. Price
All stated prices shall be net and be exclusive of statutory Value Added Tax. Prices shall be without obligation and may be amended without separate notification; they shall be ex Seller’s delivery store. The prices of US imports shall be calculated in US Dollars. Should exchange fluctuations of over +/- 5% occur, or should the Seller’s purchase prices change by this amount, the prices shall be automatically amended. In this case the Seller shall inform the Buyer immediately. Prices shall be ex works and without packaging and assembly, unless agreed otherwise.

4. Delivery
A delivery deadline shall only be binding if it as agreed in writing. It shall have been met if the goods have left the store within the term or a “ready to dispatch” or “ready to collect” message is sent to the transport company or Buyer.
Should the Seller be prevented from meeting his duty of delivery in time through industrial dispute or the occurrence of unforeseeable, extraordinary circumstances, affecting either the Seller himself or his preliminary supplier, including e.g. interference by authority, operating breakdowns, energy-supply difficulties, delays to the delivery of vital raw materials, etc., which he could not evert despite exercising all the caution requisite in the circumstances of the case, the delivery deadline shall be extended proportionately. Failure to meet delivery deadlines shall only entitle the Buyer to claim his proper rights if he has granted the Seller in writing a period of grace of at least 14 days. The term shall begin to run upon notice thereof being served upon the Seller.
The Buyer may only refuse part deliveries and deliveries prior to the stipulated delivery time if he cannot reasonably be expected to accept them. The Seller shall be entitled to make part delivery even during a period of grace, with the consequence that the Buyer must set another period of grace governing the order. Should the goods be ready for dispatch, and should dispatch be delayed due to reasons for which the Seller is not responsible, risk shall pass to the Buyer upon delivery of the “ready to dispatch” notice. Should dispatch be delayed at the Customer’s wish, the Buyer shall pay, for storage in the supplier’s works or warehouse, 0.5% of the invoice total for every month of storage. The Seller shall be entitled, however, following expiry in vain of a deadline set, to dispose of the goods and to re-supply the customer with a suitably extended deadline.
Should the Buyer be in arrears of acceptance of the subject of purchase for longer than 8 days following a notice of availability, the Seller may set the Buyer a period of grace in writing of 8 days, with a declaration that, following expiry of this term, he will refuse acceptance. Following expiry of the period of grace, the Seller shall be entitled to withdraw by written declaration from the contract or to claim damages for non-fulfilment from the Buyer. In case of non-fulfilment by the Buyer the Seller may claim damages amounting to 20% of the purchase price This sum may be raised or lowered if the Seller can prove a greater loss or the Buyer a smaller one.

5. Payment
(1) Invoices shall be payable within 10 days from invoice date and strictly net, unless agreed otherwise. Costs incurred by a method of payment other than cash shall be borne by the Buyer.
(2) Should the Buyer’s payment be delayed, the Buyer shall pay the following arrears interest under Sections 286 and 288 of the German Civil Code (BGB).
(3) Bills of exchange shall be accepted only on account of payment and shall be deemed to be fulfilment only at value date in an account of the Seller. Discount charges shall be debited to the Buyer. Retention or offset of payments due to counterclaims by the Buyer which are disputed by the Seller shall not be permitted.
(4) Should circumstances become known following conclusion of the Purchase Contract which tend to lower the Buyer’s creditworthiness, or should the Buyer be in arrears in settling an account receivable, the Seller shall be entitled to require immediate security or immediate cash payment, strictly net, for all goods delivered for which payment has not yet been made, to require advance payment for all goods still to be delivered, and to retain goods still to be delivered until payment of all receivables. Should the Buyer fail to meet the Seller’s security or payment requirements, the latter shall be entitled to withdraw from all delivery contracts with the Buyer.

6. Retention of title
The Seller shall retain title to the goods delivered until full payment of all his receivables due under business relations with the Buyer. Placement of individual receivables into a current account, account balancing and recognition thereof shall not abrogate the retention of title. Should the goods be re-sold, even in such condition as is agreed or usual in the market, the counterclaim for the re-sale shall be deemed to be assigned wholly or in part to the Seller with first priority and to the amount of his receivable inhering in the goods so delivered.

7. Guarantee
(1) To identify any defects, the Buyer must examine the goods immediately following their delivery and, should an obvious defect be present, notify the same to the Seller in writing within one week. Defects which are not obvious must be notified to the Seller immediately after they have been identified. Should the Buyer fail to meet the foregoing exclusion deadlines, the item shall be deemed to have been approved, with the consequence that the Buyer shall lose his rights of defect. Should the item prove to be defective, the Purchaser may require subsequent fulfilment. The right to choose between rectification of defect and delivery of a new item shall accrue to the Seller.
(2) The Seller may make subsequent fulfilment dependent on the Buyer paying such proportion of the purchase price as is reasonable considering the defect. The Seller may refuse the method of subsequent fulfilment chosen if it is possible only at disproportionate cost.


The Seller shall be entitled to make subsequent fulfilment twice. Should subsequent fulfilment by the Seller fail twice, or should the Seller refuse subsequent fulfilment, or should the Seller fail to make the subsequent fulfilment within the reasonable deadline set by the Buyer, the Buyer shall have the tight to reduce the purchase price or to withdraw from the contract. The Buyer may further claim compensation for useless expenditure or damages only to the amount of the purchase contract governing the item delivered as defective. The Buyer’s right to withdraw from contract and claim damages in lieu of performance shall be excluded if the defect in the item is of an insignificant kind.
The Buyer shall not enjoy any rights in case of defects which have been caused by such treatment of the item delivered, by the Buyer or a Third Party, as fails to meet the product guidelines (e.g. governing storage, use or processing).
(3) Claims by the Buyer shall expire one year following delivery of the goods if he is not a consumer under the terms of Section 474 of the German Civil Code (BGB).
(4) In the case of packaging materials a defect in a part of the delivery cannot justify a complaint regarding the whole delivery insofar as a separation of the defect-free from the defective parts is possible at reasonable cost. In this case the Buyer can only claim reduction in price and, insofar as the goods are objectively worthless to the customer, withdrawal from contract, but not damages greater than the value of the defective item of purchase, calculated on the agreed purchase price. The Seller shall have the right of subsequent delivery. The Seller shall be liable for light fastness, variability and discrepancy in colours and nuances, and for the characteristic features of adhesion, surface painting, impregnation and coating only insofar as defects were identifiable under a proper examination prior to their use.
(5) In the case of machinery comprising third-party products the seller-s liability shall be restricted to the assignment of liability claims against the producer. To undertake all such repairs and replacement deliveries as the Seller may properly deem fit, the Buyer, following consultation with the Seller, must allow the time and opportunity necessary to establish freedom from defects.
(6) In the case of raw materials the Seller hereby assigns his guarantee claims against the producer to the Seller. The Buyer shall have a duty to assert his defect-liability claims initially against the producer.

8. Labelling
The Seller hereby reserves the right to affix legally required labels, his company text, his trademarks or his business-identification number, in accordance with existing practice or current regulations, over the space available for such representations on deliveries of all kinds.

9. Liability
The Seller shall be liable without restriction for deliberate intention and gross negligence.
For simple negligence the Seller, except in case of damage to life, limb or health, shall be liable only insofar as cardinal contractual duties are breached and restricted to contractually typical and foreseeable loss, but to no more than three times the payment due to the Seller under the contract in question.
Liability for indirect and unforeseeable loss, consequential loss due to defects, loss of profit, failure to make savings and loss of assets resulting from claims by Third Parties is hereby excluded in case of simple negligence.
Any liability beyond that set out in these General Terms & Conditions of Delivery & Payment, irrespective of the legal nature of the claim so brought, is hereby excluded.
The limitations or exclusions of liability set out in the foregoing Paragraphs shall not apply to statutory, non-culpable liability, particularly under the Product Liability Act.
Insofar as the Seller’s liability is excluded or restricted under the foregoing Paragraph, this shall also apply to the personal liability of their employees, workers, representatives and vicarious agents.
If the Buyer is a full trader, the place of jurisdiction for all legal disputes arising from these contractual relations and concerning their creation and validity shall be Hamburg. The same shall apply if at least one of the Contracting Parties has no general place of jurisdiction in the Federal Republic of Germany.

Notice of cancellation
Insofar as the purchase of goods is made solely via communication channels serving distance selling (internet, e-mail, fax or prospectus advertising), the contractual declaration effecting purchase of goods made by a Buyer who is a consumer may be cancelled within two weeks, without giving reasons, in text form (letter, fax or e-mail), or by returning the goods. The period of grace shall begin to run upon receipt of this declaration at earliest. To meet the cancellation deadline, dispatch of the cancellation or of the goods shall suffice. Cancellation must be directed to:

PCO Group GmbH
PO Box 1624
82456 Garmisch-Partenkirchen
Telephone: +49 8821 950175
Fax: +49 8821 950179
info@pco-group.com

Holmer Berg 15-17
23942 Dassow
Telephone: +49 38826 8290
Fax: +49 38826 82920

Consequences of cancellation
In case of an effective cancellation, performances mutually received must be requited and any benefits derived therefrom (e.g. interest) surrendered. Should the Buyer fail to requite the performance received, either wholly or in part, or only in a deteriorated condition, he must pay the Seller compensation to an equal extent. This shall not apply when goods are handed over if the deterioration in the said goods is due solely to their examination, of the kind which would have been possible for the Buyer e.g. in a shop. Otherwise the Buyer may avoid compensation by not taking the goods into use as an owner and desisting from everything which detracts from their value. Goods suitable for dispatch as a parcel must be returned at the cost and risk of the Seller, unless the value of the goods delivered does not exceed € 40.00.