
	General Terms & Conditions Sales and Delivery Terms 1. Scope For all our business, including development and design services, the following exclusive sales and delivery terms apply, unless otherwise agreed in writing. Differing terms and conditions of the purchaser are invalid. 2. Conclusion of Contract An order submitted by the customer is deemed a binding offer to Normatec. The contract will be formed by delivering our products or services or by sending a written confirmation and acceptance of order within three weeks; this confirmation is authoritative for the contractual obligations. 3. Payment Unless otherwise specified in the confirmation of order, our prices are valid within Germany with delivery free of charge, exclusive of the transport risk, but including packaging. Our invoices are due immediately; from the 31st day after receipt of invoice, a penalty interest on arrears of 8% above the base interest rate will be charged in case of any delay in payment. Upon evidence, we may also claim a higher damage caused by delayed payment. If the time between order and agreed delivery date is more than two months, we reserve the right to pass increases in prices on to the purchaser if the increase does not exceed 5% of the agreed price. Setoff of claims or assertion of a right of retention against our claims is only possible in case of undisputed, legal claims that have been acknowledged by Normatec. 4. Delivery Times The term of delivery starts with sending the confirmation of order and is extended reasonably in case of labor disputes, breakdowns and acts of God. Delay in delivery only starts upon our receipt of a written reminder. We will not default on performance, as long as the contractual partner fails to perform an action of collaboration which we have requested in writing or by e-mail. If we default in performance, our liability for damages in case of minor negligence is limited to an amount that does not exceed 30% of the predictable damage. 5. Warranty The purchaser is obliged to check the received goods immediately and make a written complaint within one week after receipt. In case of deficiencies for which we are responsible, we will make a compensation delivery contemporaneously, against return of the defective parts. The customer may only cancel the contract or request a reduction in price if no compensation delivery is possible or fails. For engineering assignments, we will account for the fulfillment of a specifications sheet if we have agreed upon such fulfillment separately and in writing. Otherwise, we will only act as service provider for the customer. If we agree to fulfill the requirements of a specifications sheet and have failed to do so, we are entitled to deliver the performance within reasonable time. The customer’s right to remedy the defect himself and claim compensation for the related expenses is excluded. All other claims of the purchaser, in particular claims for damages, including loss of profits or other economic losses, are excluded. The above liability exemption clause will apply for cases of simple negligence, but not for cases of injury to life, limb and health. The warranty period is twelve months from the delivery of the purchased goods or from the completion of the development and engineering services. 6. Warranty for Gas Springs The company Nitrogas (manufacturer) grants a warranty on the lifetime of the gas springs for a stroke of 100,000 m, if 1. transversal forces in the tool are excluded; 2. the delivered stroke rate of the gas springs is supported by production documentation; 3. the safety regulations of the company Nitrogas are observed; 4. the products have been assembled professionally under common assembly conditions into the pressing, drawing and punching machinery. 5. technical catalog specifications, such as stroke reserve, maximum speed, maximum working temperature etc., are observed; 6. 6. original accessories of the company Nitrogas are used; and 7. 7. the written, complete claim report has been submitted to our company. The warranty is valid for a maximum of one year, starting with the date of delivery. The purchaser can only claim repairs free of charge or maintenance work within a reasonable response time. It is at the sole discretion of the manufacturer Nitrogas or at our discretion as a supplier to determine whether a new product will be delivered to replace the objected product. Potential claims of the purchaser are always limited to the order value of the objected product. 7. Replacement Unused standard parts, i.e., parts in mint condition, can only be replaced or returned within four weeks after delivery, i.e., after date of receipt in our company. No traces of use must be detected and it must be ensured that the return transport will not cause additional damage due to inadequate packaging. 8. Reservation of Title We reserve the title of the delivery item and our copyright for engineering services until all claims from the business relationship with the purchaser have been settled. The purchaser will transfer all claims arising from the resale up to the amount of our open claims to Normatec for security. Purchaser’s processing of the purchased items will always be done on behalf of our company and we will be joint owner of the new items produced, with our share of ownership corresponding to the value of the items delivered by us in relation to the other processed items. 9. Final Provisions The supplied packaging remains with the purchaser who must take care of its disposal. In case one of the above provisions is ineffective due to other legal regulations, the remaining provisions are not affected and remain effective. Place of fulfillment and venue is Wetzlar, unless prohibited by law.