Terms and Conditions of Chris Jentner surfaces and electroplating

(Status 01/2010)

I. Scope

The following terms and conditions apply to all Chris Jentner surfaces between the company and electroplating (the FA. Jentner) and your partners (hereafter referred to as purchaser) contracts, and as a basis of all offers, deliveries and services to the FA. Jentner. They also apply to all future business, even if they are not even explicitly agreed. Different conditions of Order, The FA. Jentner not expressly approved in writing, are for FA. Jentner binding even if FA. Jentner you do not explicitly object. The following terms and conditions apply even if FA. Jentner aware of conflicting or differing conditions of an order the service without reservation.

Second Offer and Conclusion

1. To place an order the buyer is bound by two weeks long. Within this period may FA. Jentner accept the job, usually by sending an order confirmation.

2. Properties of FA. Jentner are always without engagement, unless expressly that it be described as authentic. One of FA. Jentner mandatory tender prices offered adheres FA. Jentner for a maximum period of one month subject.

3. If offered in the tender precious metal prices are not binding, puts the FA Jentner your billing day of delivery to the customer current prices for gold and precious metals generally based Silver Refinery Pforzheim for processed metals.
In each case, FA: Jentner entitled to charge the hedging transaction even precious metal prices paid to the customer.

4. A contract is considered binding when not explicitly Referred to only deal with and in each case only under the conditions and contents of a written order confirmation of FA. Jentner achieved to the extent that such is granted. Communicated to target prices and capacities are not binding offers and are only valid after written confirmation of the order of the base contract. Already in the offer stage, the Purchaser in writing to an increased stress to stress applications of special kind, As to eligible risks.

5. Verbal agreements and collateral agreements, treaties As will be upon written confirmation to the FA. Jentner effective.

6. In all figures, calculations, drawings and other documents Retains the FA. Jentner their property, copyright and other proprietary rights before. A customer may only disclose such written consent in any Third, regardless of Whether FA. Jentner has characterized them as confidential.

III. Payment Terms

1. Rates of FA. Jentner are ex works without packaging, if in the order confirmation otherwise specified. At these prices, the VAT is not included. This is FA. Jentner at the legal rate on the day of invoicing show separately in the invoice.

2. A cash discount is only for a separate written agreement between the FA. Jentner and the customer allowed. The agreed price is net (without deductions) due immediately upon receipt of the invoice for the customer to pay, if it appears from the order confirmation, no other payment. A payment shall only be deemed to have FA. Jentner may dispose of the amount. In the case of check payments, the payment is considered made when the check is cashed.

3. Device with a customer defaults on payment, then the statutory provisions.

4. The buyer is to set off, even if complaints or counter claims are submitted, only if the counter claim in force, determined by FA. Jentner been recognized or are undisputed. To exercise a lien, the buyer is only befudjt if his claim is based on the same contract.

5. If the purchaser of a contract concluded for reasons that are not on FA. Jentner represented to be, wholly or partially back, he has FA. Jentner all costs incurred, including costs for storage of parts, and other damages to replace.

IV, delivery and performance time

1. Delivery dates or deadlines that were not expressly agreed as binding, are non-binding statements. By FA. Jentner specified time does not begin until the technical issues resolved and the technical conditions are met. Similarly, the Purchaser shall fulfill all obligations HIM properly and in time.

2. The meeting of deadlines is subject to correct and timely supply, particularly when FA. Jentner a congruent hedging transaction is made. The delivery deadline is met if the delivery has left up to the expiry of their work, or FA. Jentner readiness for dispatch has reported. Has agreed to purchase, determined in respect of the delivery date for this purpose in accordance with the agreed-upon date, or. .. the message of acceptance.

3. FA. Jentner liable to the buyer when delivery delay under the statutory regulations, if that day is one of the FA. Jentner to intentional or grossly negligent breach of the contract is based, Where the fault is attributable to the representatives or agents. The liability of FA. Jentner here is limited to the foreseeable damage typically occurring when the delivery delay is not one of the FA. Jentner to deliberate violation of the contract is based. The amount is limited in all cases according to the agreed contract value liable to die.

4. Any further liability, even for one of FA. Jentner delay in delivery is excluded.

5. FA. Jentner is always entitled to partial deliveries and partial performance, where the customer is dying for is reasonable.

6. If the customer defaults on acceptance or even delay in delivery, it is FA. Jentner entitled to claim compensation for the resulting damages and any additional expenses. The same applies if the customer is guilty of breaching duties to cooperate. With the commencement of the acceptance-or .. .. Borrowers default in the risk of accidental deterioration or accidental destruction to the Purchaser.

7. If the buyer after a written warning regarding his handling and duty to cooperate in default, is FA. Jentner entitled to under the written period of grace of 14 days after the election to rescind the contract and / or claim damages for breach of contract.

V. Transfer of risk - Shipping / investigation and reprimand / packaging / cost

1. Loading and shipping costs and be uninsured at buyer's risk. Basically, the items are dispatched via Post (German post office, UPS, etc.), if the customer wishes to express any other shipping method. FA. Jentner intends to endeavor to take into account terms of transport and transport needs and interests of the order; consequent additional costs - go for Frachtfreilieferung agreed at the expense of the purchaser.
The liability of FA. Jentner for a loss on the supply routes - is excluded insofar as legally permissible - in each case, however, limited to the order.

2. FA. Jentner takes transportation and all other packaging back under the Ordinance does not, with the exception pallets. The buyer is responsible for the disposal of the packaging at his own expense. Generally deliveries are exclusively from the factory packaging.

3. If the shipment at the request or fault of the customer is delayed, stores FA. Jentner the goods at the expense and danger of it. In this case, the display of readiness for shipment is the same. For emerging and waiting, even when collection dates were promised delivery date, and not by FA. Jentner liability, if excess of a whole is still appropriate.

4. At the express written request and expense of the purchaser is FA. Jentner insure the delivery by transport insurance.

5. The customer has the duty to immediately investigate the delivered goods. Identified deficiencies must be reported immediately in writing.

VI. Warranty / Liability

1. The nature of the purchaser payable depends on the agreements made with Him, by the FA. Jentner nature indicated general characteristics and intended use of the delivered goods. As far as FA. Supplying Jentner for individual drawings, specifications, standards or samples of the purchaser, the purchaser is for the adequacy of supplies to the intended him for a purpose.

FA. Jentner edit any parts that are intended Directly or indirectly for use in automobiles, aircraft, rail or medical technology. The buyer is Obliged to FA. Point Jentner when placing the order to its intended use in the aforementioned areas in writing.

When making a justified complaint FA. Jentner remedy at its option by replacement or repair. Being Exercised, the purchaser that delivery has investigated promptly after receipt of this and any deficiencies identified FA. Jentner shown complaint with reasons in writing without delay, has. There should be hidden defects in hindsight, even these reasons, objections to the view in writing immediately. The call for rectification, the customer FA. Jentner to set a reasonable deadline. The only remedy is the second unsuccessful attempt failed, unless the basis of the subject matter appropriately and the additional repairs are reasonable.

2. FA. Jentner have been effective in Ensuring Proper surface treatment has been in material and workmanship to the accepted rules of technology, or applicable generally accepted in the draft regulations DIN. Pattern in galvanic and chemical processes As a result of differences in quality of the raw material discrepancies are inevitable from a contract with the underlying.

3. The regular warranty period is 12 months after delivery of the goods, unless the FA. Jentner has maliciously concealed a defect that apply in this case, the legal regulations.

4. To the FA. Jentner for working with delivery or objects are passed. .. be delivered with precise written statement of total number and weight. These details are for FA. Jentner binding. In order to effectively display and submission of quality deviations is already sufficient, the telephonic communication to the customer by FA. Jentner out. For lack of spare parts will only be paid if their delivery by one of FA. Jentner Anlieferschein are occupied, and endorsed the risk of FA. Jentner has passed. For small-and mass-produced parts does FA. On shortages of Jentner up to 5% of the total quantity delivered Basically no liability. When shortages are more than 5% of the total quantity supplied come can only be liable for the difference in the shortfall over the baseline value of 5% ie into consideration.

5. As the material to be machined blanks Must be made available in galvanisiergerechten condition. It must be free from oil, grease, dust, silicone release agents, casting scale, shape, sand, scale, carbon deposits, slag, graphite, paint. There should be no pores, voids, cracks, laminations, grease, burrs or similar to the electroplating process have harmful error. The raw materials have to be delivered clean, and dry spanfrei. If this is not the case, the FA. Jentner right to refuse treatment. If the customer still insists on a process then takes over FA. Basically Jentner no responsibility or liability for a certain accuracy, durability, adhesion, corrosion resistance, surface purity and color retention of the parts and apply coating. Having trouble Rohteilfehler provided material that become visible only after the electroplating process, the parts processed by the Purchaser pay the contract price. No guarantee or liability exists in these cases agreed to any, or. .. of FA. Jentner guaranteed capacity and quantities. For the adhesive strength is especially no assurances if the material has been deformed by the surface, not even if probegalvanisierte parts were deformed without peeling of the electro plated layer.

FA: Jentner not liable - to the extent permitted by law - for lost precious stones, pearls for damaged or rubber.

6. If does not appear after a sampling in the mass production of customer modifications to the manufacturing process of raw parts (eg the tool to be made material clock) and this is FA. Jentner right to reject any liability or responsibility.

7. Basically hollow parts are plated only on the outer surfaces, unless in special cases, a cavity treatment has been otherwise agreed. Buy onset of corrosion on the untreated surface this does not constitute a complaint. Surface-treated material is compromised by sweat and fretting. It is packed properly, stored and transported.

8. The purchaser must determine the minimum thickness at an agreed point of measurement, the shipping method and by imposing appropriate measures to prevent chemical and mechanical damage to the surface. For weather damage, and for any damage caused by later duplication and Other inaccessible cavities heraussickernde residues from the treatment process shall be liable FA. Jentner not.

Retention of Title VII and security interest

1. To the FA. Jentner objects is passed FA. Jentner a statutory lien entrepreneurs. Regardless of the customer orders the objects handed over in favor of FA: Jentner a contract lien, which the security for all or uncontested. .. legally confirmed claims from the business connection is used. Where is the customer, the parts delivered before full payment of surface-treated, so the buyer is already agreed, that he FA. Jentner the ownership of these parts in the value of the claim by FA. Jentner to secure these rights, and transferring the ownership transfer is replaced by that .. ordering the parts for the FA. Jentner custody. The same is true regard to the vesting rights of the purchaser to FA. Jentner transferred goods which are the purchaser by a third party has been delivered under retention of title. FA. Jentner is entitled to bring about the abolition of reservation of title. Restitution claims by the buyer to third parties, which he, the book FA. Jentner subjects had previously given to the parties by security, is an FA. Jentner assigned. FA. Jentner takes the assignment.

2. The customer may object to which to FA. Has a lien Jentner, or in securing the property of the FA. Jentner are to pledge collateral or not. However, he may sell more goods in the ordinary course of business or process to die, unless he had effectively ceded his claim against the contractor in advance to a third party.

3. In the event, that .. the customer by combining, mixing or blending of the goods supplied, respectively. .. In other cases backup equipment for a new single this case alone, or acquires ownership, it shall pass FA. Jentner the safety of the demands of FA. Jentner already this property in relation to the value of securing goods to the value of other business with the promise that the new item for FA. Jentner store to charge properly. In the case of resale by the FA. Jentner processed and an FA. Jentner security assigned transfer goods or new goods manufactured out of it, the Purchaser its customers on the property securing the FA. Jentner point. At the request of the FA. Jentner the buyer has to prove the claims individually and third-party purchasers, the transfer took place disclose to the call up to the claims of FA. Jentner to FA. To pay Jentner. FA. Jentner is entitled to inform themselves at any time of the subsequent purchasers of the assignment and to collect the debt.

The buyer is Obliged to FA. Jentner promptly informed of enforcement activities into the security interest. The buyer is Obliged to secure the property of FA. Related Goods Jentner adequately against natural forces, such as fire and theft insurance, and prompted the claims against the insurer and the person who caused an FA. Jentner surrender.

At the request of the customer are the FA. Jentner under the foregoing provisions securities due to be released so far as their value Exceed the secured claims by more than 20%.

4. In the event, that .. Make rights a third of the collateral that, the Purchaser undertakes to FA. Jentner transferred immediately all necessary documents and FA. To replace Jentner burden falling costs of intervention.

5. All claims of FA. Jentner, even from others with the customer will be tolerated in the case of postponement due immediately, as soon as the customer with the satisfaction of other liabilities to FA. Jentner in default, its payments, is insolvent, the insolvency proceedings opened against its assets or the opening of insolvency proceedings is rejected mass defect or circumstances become known, the credit worthiness of the customer are likely to reduce considerably. FA. Jentner is entitled to their own choice in such cases to make still outstanding deliveries and services only against advance payment or security or require Previous fruitless admonition and setting a deadline to withdraw, or damages for breach of contract.

VIII Performance and Jurisdiction, Applicable Law

1. ) Performance and jurisdiction for deliveries and payments (including checks and bills, and all actions between FA. Jentner and the purchaser resulting from the dispute between the FA. Jentner concluded treaties and the customer is the headquarters of FA. Jentner. FA. Jentner is entitled, however, the buyer also his place of residence and / or place of business to sue.

2. The relationship between the parties are governed exclusively by the law applicable in the Federal Republic of Germany. The application of the Uniform Law on the International Sale of Goods and the Law on the conclusion of the International Sale of Goods is excluded. Only the German version of a treaty shall prevail.

IX. Severability

If any of the provisions of the previous terms null and void for any reason be invalid or unenforceable, the validity of the remaining provisions and the underlying contract remains unaffected. Invalid provisions shall be replaced by such regulations to be made in the economic sense and purpose of the invalid provision. The same applies if the contract is found during implementation to include that this one notable omission.