CCS Gohlke GmbH, D-31135 Hildesheim General Terms and Conditions of Delivery {51 Application, Offer, Conclusion of Contract he CCS Gahtke Gms (erent “Gane delvers exclusively n accordance vat the flloning general terme and conditions of delivery. Oiering species tons agaed inthe specie cas, such as INCOTERMS used, preva Ine case a follow-up busnesees or ongoing buenos elalonehios the gone. alterms and conaions of davery af Gahke also govern all future transactions, ‘without a separate integration inthe speci case being necessary. Contrary terms and cvetions~ fering aswell as adional~ ft Buyer do nol apy. Inthe case of contacting clauses the Buyer must abject othe general cond ‘tons of delivery nwt orm inmedaal after recepto ine oder contrmaton ‘tom Gohlke to which thoy are tached. Otherwise, nay case wih aecoprance Sd eandtons of deliver Is presumed ‘The contract shal be concluded only when Gahlke nas vansmited tothe Buyer sn order covemation in wren form or when the Buyer accoptsmtmelnied form. Ofer ram Goh are not nding and shal be aujec fo reasrvation ot sele-cavery {§2 The Scope and Type of Supplies and Services ‘The order ontrmation arte meld fer rom Gohl salle relevant and Conclusive forthe scope of supplies nd services. An amendment can only Os made onthe bass of express reference to atachment {53 Plans and Technical Documents instatons rom Gohikin brochures and cataloguos are notbincing, Indications In the order contrmaton a te tne-mtod afer by Gah. Apa rom tht they represent approximations and Gohke reservas tne rghtot madeston, The copyrights of Gok rgaraing the tchnical documentation rrnans served 4.4 Prices and Price Modifiation All pices ae nt pies plus the respectely applicable VAT without deduction not agreed ctferenty the Buyer assumes all sonal costs Inthe case of quantly devaons betwean the Buyer's orders and the oer of Gohike te oloning applies I, for example, te order of lower quanti leads to a change oe calelaton basis and Gehiko indicates this nthe order conta ton wi reerence tthe changed conetons, the Bayer must objec tothe price hanges immedataly. Oterwise bey shallbe deemed aporoved. The same 3p ples by aoceping the supplies and series witout objection ike rosorves th rig ofa proportionate rice austin if tho period be Sand the wage falas ofthe few mato pices vary substaraly. in adaton Gohike reserves he right to adjust ne rice proportionately he dolverypered is prolonged subsoquerty for reasons not intro responsi of Gohl and if du tots the sx wook prio i exceodod off he documents tranemttes 3 ho Buyer aa nt corespond to tne aca crcumslances or ware ncomple '§5 Conditions of Payment, Dlay of Payment, Compensation ‘All payments shall be made oe of charge to Gahke,wihout deduction of ds Coun, expanses axes customs and ofthe lke, The ve date and amount of Paal payments determined bythe orerconfmatin ortho melted offer 5 Gone. ran exlictagreoment isnot made, be payments du immediately ‘Alte aesirence of dau he Buy i abl o pay inves in aceardance ih the statutory provisos, “The Buyer may set off payments only against such clams that are uncontested or hav boon rcogszed by fal judgment {$6 Retention of Title Gohiko retains tle to tho total delves (goods subject tothe reservation of ‘esa vlatonsnip, Iaolar ase value ofthe securtynghla exceeds the amount Sf the secured and unfulfiled clams by more than 20%, Gohtke shal eleaso a Earosponding porion of be cut ngrts a the Byers request For he auton o the retain o ile the Buyer may nat ledge the etained ‘goods or use tem as secu Inthe case of slau, coniacation af any order Ispostions mage by ted parbes Gane has tobe informed immediately In Slo, alte formation and documents have lobe made availa to Gohike that are necessary to maintain the rights of Gane. Enarcementafers and {twa partes are oe refered to ete of CoP ‘The Buyor may resell goods subject othe above retention of tle only in tho sting out of such esate nctuaing all anlay righ ~as secur “The Buyer auorzed ca eallct he eam, The gh of Gonks fo collect the claim tat shall romain unafectod herby. Goike undertakes nate calle he Elam a long ns the Buyer moots he paymar ogo an ondary mae? Ins snot the case, Gahke may request fa the Buyer acloses the clams 2ssgnes, provides all ivrmaton eque fore collection, ana provides all Felevant documents and informs the debtors (is partes) othe assignment ei rocessing Is done with goods hat Gans has no propery i, Gohike shal becom co-o4rer of the goods in proprtn af tne value of he goods covered to the val of the other goods athe time of processing, The eae shal apoly wen the goods are mined! wih oer goods The Buyer has to keep theo. ‘ned goods for Gane ‘The Buyers obliged fo insure the goods against al sks at his costs until full leaner of owner, §§7 Time of Dalivery, Delay of Delivery Withdray ‘The Buyer an exoee ely delivery ony, when provides on ime the neces ‘ther abtgatns. Otrerwise the detvery me wil be reasonably extended, 35 Tongs the delay isnot caused by Ga. te delvery time canrorbe complied ‘wit because of acts of God, the dlvery time wl be extondedIhswis. Incase of delay of delivery caused ty Gonke, te Buyer can claim damages as ‘ellows ana when the Buyer can make bellevabe to have suffered losses: ‘The damage is maximum 05% por fll week of delay, owover not more than 5.0%, based on the price ofthe delayed part ofthe delivery. Ary farther losses ‘must na be compensated by Goh. Ths does not apply, when in ease o Tenona conduct, gross negligence or because of volaton of ie, D2dy or health ‘mandatory stattery lab 's provided for. The aforementioned provi‘ane do rot change the Burden of prot withdrawal Ios the contract by tne Buyer When upon request rm the Buyer shioment anc delivery ae delayed for more than month fllowing notes by Gohko thatthe goods are ready for shipmont, {Gate can cam storage cost inthe amount of 0.5% ofthe price of he goods to be shipped foreach begining marth, maximum 50%. The prof af lower Storage cons by the uyer remains unaffected, Shou the real storage costs sffectvely bo higher, Gon may clam such costs taking int account te foe §§8 Requirements of Inspection and Notification ‘The Buyer shall examine the goods and services within one waok er receiptby ean opie inspecton and methods, which allow o determine the existence bf the presupposed and guaantzed condtons and a nform Gane of any ck for defect theron ring without undue delay Guaranteed condone are ony those, which nave been described as such nthe specfeatins. Olver defects, ‘wen Become visible only later, must be noted in wing within one week ater they have been recognsd by the Buyer Gchke pramses to remedy such de {ects ae soon a8 posable, Services willbe doomed as aporavea night af he ing deci §9 Tansfor of Bonefts and Risks tory, ven f Goh assumes te transportation. the delvery of goods s de layed! duo to reasons, which the Buyer is responsible fr, the goods are stored om reren a iskand costs of Buyer. § 10 Warrantios, Period of Limitations Ineare of defect the Buyers temporaly United to demand two times subse ‘quent performance of eanvact. The subsequent performance may be rejected by Cotte, when the Buyer habit yo paid reasonabie amount ofthe purchase price. Shou! the subsequent performance flor be fal eect by Goh or not eduction af th purenasa pice or 0 withdraw rm te contact. Further cars Othe Buyer remain unatecte ‘The period of Iitatons ends aftr one yoar.tbogins athe tie of dlvery. oor mainienance, daregard of operaion rules, wrongful operation, excessive Use, chemical or electrolyte intuences, water, carrosn, erosion othe se ive abe accorang legal prévaunein te folowing eases: Voto ff, boay andes chins acorn othe provision of rod Laity Law, = tiple ita fesse contractal or carina gations, whereas the aby for amages i testo he iypely oresesabl ss, Satsang natal or rosy noghen volstons of 7 ‘rrervige, Goes tality n cas of negigent vatonssexchided § 12 Applicable Law and Jurisstion law. Place of ursdietion is uldesheim. Gane seated tts choles tas proceecigs als atthe cour competent for Buyer's place of business.