| 1. Area of validity | The following conditions are a constituent element of each contract concluded, unless otherwise stated. They are effective upon confirmation of or implementation of the contract. Customer conditions which are divergent to those of InSynTech GmbH are invalid if no objection has been raised within 3 days of issuance of the confirmation of order.
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| 2. Order acceptance | All orders are only deemed to be accepted when they have been confirmed in writing by InSynTech GmbH, or delivery or service has been provided. Upon conclusion of the contract consent has been granted for order data to be saved by way of electronic data processing.
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| 3. Prices and Payments | Prices quoted by InSynTech GmbH in offers, order confirmations and invoices are in EURO and, unless outlined to the contrary, there shall be an additional charge for freight costs, travel costs and also the statutory valued added tax valid at the time the order was placed.
Upon delivery and partial performance the sales price valid at the time of delivery shall apply. The balance of the invoice is to be paid immediately upon receipt of the goods and the invoice, unless otherwise agreed in writing, shall be strictly net.
Upon exceedance of the period allowed for payment InSynTech GmbH is entitled to request interest for late payment at an amount of 5% above the base rate set by the European Central Bank p.a. InSynTech GmbH is entitled to claim higher demonstrable default damages should they occur.
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4. Delivery,
Delayed delivery,
Delay in performance | Unless otherwise agreed in writing all offers from InSynTech GmbH remain without obligation and are non-binding.
InSynTech GmbH assumes no liability for adherence to delivery date. Unforeseen delays in delivery, upon which InSynTech GmbH has no influence, such as force majeure, industrial action, delayed delivery by pre-suppliers etc., shall not entitle the customer to claim damages. Upon default in payment by the purchaser/customer, InSynTech GmbH shall be entitled to withhold additional deliveries and services. In this event the customer shall not be entitled to claim damages. Partial deliveries and services are permissible.
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5. Delivery and
transfer of risk
upon delivery | Delivery is effected at the purchaser's risk. Upon delivery and commissioning by InSynTech GmbH the risk upon transfer and commissioning is passed from InSynTech GmbH to the purchaser. This also applies to partial deliveries. Insurance of the goods against damage during transit is only provided upon the express wish of the purchaser, and at their expense.
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| 6. Reservation of proprietary rights | Goods/services are supplied upon reservation of proprietary rights and remain the property of InSynTech GmbH until payment in full of all claims relating to the business connection. The purchaser may not pledge secured goods or use them as security.
The purchaser now assigns all claims, accrued from goods delivered which are subject to retention of title by the sub purchaser, to InSynTech GmbH. The purchaser shall notify InSynTech immediately if third parties seize, or access in any other way, the reserved goods or payments transferred to InSynTech GmbH.
The purchaser must ensure the purchased object is maintained in a proper condition for the duration of the reservation of proprietary rights.
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| 7. Other claims | In as far as is not particularly emphasised in the existing conditions, the purchaser’s/customer’s claims for damages, in particular also due to infringement of contract and fault in conclusion of a contract in the context of the legally authorized opportunities are excluded.
The purchaser’s/customer’s rights from this contract are not transferable, unless InSynTech GmbH confirms this transfer of rights and duties to a named third party.
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| 8. Miscellaneous | For all legal relationships and contracts made with InSynTech GmbH the law of the Federal Republic of Germany applies. For deliveries and services abroad use of the UN Convention on Contracts for the International Sale of Goods is not possible. Should individual regulations of these terms of business become inoperative the validity of the remaining regulations will not be affected. In place of the inoperative term another which is closest to in financial terms will become effective. Supplements and supplementary agreements are to be specifically effected in writing in order to become valid.
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| As at | 3rd March 2009 |
