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General conditions for the delivery and payment of used machinery and equipment

(coming into force in case of insufficient written agreement)

Status 01.01.2018

[only the original version in German language is legally binding!]


Agreements are accomplished on our sales terms only. The German law is regarded as agreed, the EU-law and the UN sales law are excluded.

1. OFFERS

Offers are free of charge, if their preparation does not require more than usual time. In this case up to 20% of the object price will be charged. Offers are without engagement, not binding and subject to prior sale.

2. SCOPE OF DELIVERY

The written confirmation of order is decisive for the scope of delivery. Completeness, condition and ability to work cannot be assured for the confirmed scope of delivery, otherwise each item mentioned before is particularly assured in written.

3. PRICES

In absence of other written agreement, prices for second-hand plants are calculated ex foundation or ex site, without dismantling and loading. Payments are immediately due without discount after receipt of invoice. According to our particular granting payments are due at the latest before beginning of dismantling or, if dismantling does not take place, before taking over of goods. Withholding of payments or assignments (including third parties) are not allowed.

4. DELIVERY DATES

Arranged dates for delivery come into force only after previous payment.

5. PASSAGE OF RISK

All risks pass to the buyer at the latest by signing the contract or by receiving the confirmation of order.

This applies also for equipment being not in the custody of KLANN Anlagentechnik GmbH. Corresponding insurance policies (according to item 6) have to be taken out.

6. RESERVATION OF PROPRIETARY RIGHTS

Until full payment all goods remain our property and their proper handling must be assured. Goods have to be protected against theft, breaking, fire, water and other damages. The purchaser has to take out an insurance for this at his own expenses.

The purchaser is entitled to review the insurance policy. If necessary he can insist on amendmends. All involved parties agree that goods cannot become a common or mixed property.

7. LIABILITY

We cannot take on liability of completeness and ability to work for second-hand goods. Technical data being mentioned can serve as approximate values only and they are not binding, since we cannot check them. We emphasize that all equipment undergoing wear and tear is excluded from warranty. It is the risk of the buyer, if goods do not coincede with the latest technical status and with the latest legal requirements.

Any cancellation of the sale contract, right of return or diminishing, even punitive damages cannot be claimed against KLANN Anlagentechnik GmbH.

Documentations, technical layouts and applications for approvals to the authorities do not belong to the scope of delivery.

If there are documentations etc. available, they will be, of course, part of the delivery. However the purchaser cannot derive a legal right from this.

8. FULLFILMENTE OF CONTRACT IN CASE OF FOREIGN PLANTS

No claims against KLANN Anlagentechnik GmbH can be derived in case of impossible fulfilment after signing the contract, if e.g. the former owner or user does not want to sell the plant anymore.

9. GENERAL

The validity and binding nature of the above mentioned conditions will not be affected by the ineffectiveness of any individual conditions.

10. PLACE OF JURISDICTION

Place of execution and place of jurisdiction is Hagen/Germany. In case of foreign business, contracts and agreements are based on the German law. A copy of these terms of trade (original version in German language), accessible for everybody, can be found in the office of KLANN Anlagentechnik GmbH in Hagen/Germany.