Shipment- and Payment-Conditions 
of ISH Ltd

1. general
The taking second place conditions are applied to each job. At the latest with receipt of our delivery, our buyer acknowledges her/it/them as binding. Regulations deviant from these conditions only commit us if we have acknowledged her/it/them expressly. One disagrees with de-counter-standing business-conditions of our buyer hereby expressly. 

2. offer and contract-conclusion 
Offers take place subject to change as far as they are not specifically time-limited. Jobs need to the validity of our written confirmation. Also bills or from us as binding marked EDP-expressions is valid as written confirmation of order. Telephonic or vocal agreements as well as agreements with our representatives attain validity first then if they have been confirmed by us in writing. 

3. prices 
Our prices understand themselves in Euro from delivery-work without value added tax. It remains reservations, in the case of the increase of the production costs that, To put Tagespreise to the time of the delivery in bill. Packages are calculated to the own cost. 

4. deliveries 
All programs travel on bill and danger of the buyer, independently from the place of the shipment. If a certain transportation-type is stipulated by the buyer, also the additional costs go to his loads.  As far as obligingness is not expressly appointed, our delivery-dates are not binding. Retrieval-jobs and delivery-divisions need in each case of written delivery-time-agreements. Part-deliveries are allowable and are regarded as myself-continuous businesses. The quantities to be delivered can up to 10% over - or under-strode becomes. Minimum-bill-value 30, - € ‚position-value 15,-€.  With retrieval-jobs, we are entitled to obtain the material for the entire job and immediately to put the entire order-quantity ready. Possible alteration-wishes of the buyer can therefore be taken after Erteilung of the job into account no longer, it is then that this was arranged expressly. 

The desk of a bankruptcy - or Vergleichsverfahrens the depositing of a solemn insurance in accordance with § 807 ZPOS, that entitle Bekantwerden of an essential deterioration of the fortune-circumstances, other payment-difficulties as well as delay of the buyer, us, immediately to put in deliveries, to refuse the fulfillment of current contracts, as well as protection-because of the publication the article standing under our proprietary-reservation and prepayment for, still to demand to delivering merchandise. Open demands become due in these cases to the immediate payment. Returns are to be coordinated in each case with us in advance. 

Events higher force as well as other circumstances, that we have not to represent and that makes a date-appropriate implementation of taken on jobs impossible, entitle us to resign under exclusion of damages-claims of the buyer of the contract or to defer the delivery about the duration of the prevention. A damages-claim because of delay or not-performance or a resignation-right presupposes, that the buyer has put down us an appropriate, at least four-week extension and is fruitlessly expired these. On damages, we are however only liable as far as resolution or coarse negligence falls us or our co-workers to the load. 

5. tools and appliances 
Tools and appliances, that are produced from us or in our job of third, are our property in each case, even if completely the manufacture-expenses or partially from our buyer is carried. 

6. securities 
The delivered merchandise remain our property up to the complete payment of all demands from the business-connection with us. The buyer becomes that our, co -) property subject to matters with the diligence of a neat merchant gratuitously for us they against fires and burglary deny and assure.  The buyer is allowed to until on retraction in the framework of his/its proper business-business the ware delivered under own-tower-reservation or the matters produced from it veräußern. The demand acquired through the sale already now transfers us the buyer to the protection of our demand in the scope. that our, co -) proprietary-share at the veräußerten matter corresponds to. We assume the detachment hereby. The buyer is entitled to the move of the transferred demand as long as we have not taken back this authorization. We will only take back the right to the further-sale and to the demand-move if our buyer doesn't fill his/its contractual duties neatly. It goes out also without express retraction if the buyer puts in his/its payments. On our desire, the buyer has us to tell instantaneously in writing at whom he/it has the ware of veräußert and which demands are entitled him/it from the sale just as to issue us publicly certificated documents on his/its expenses over the transfer of the demand. As far as our securities after the prominent paragraphs exceed our demands about more than 20%, we will release securities after our election on desires of our buyer. The buyer is allowed to as long as our proprietary-reservation exists, the reservation-ware or the matters produced from it neither to the security still transfers pawns. The aforementioned objects are impounded with the buyer or are confiscated, so the buyer has us immediately to inform in writing. We are justifiable to charge against demands of the buyer with all counterclaims, that are entitled us against the buyer. 

7. payments 
Bills are as far as nothing other was confirmed in writing, within 30 days after bill-date net or within 14 days after bill-date minus 2% discounts payable. Prices understand themselves zzgl. lawful value added tax. With discharge of our bills, a discount-departure is only acknowledged if all due bills are paid. For delay-times becomes, regardless of possible further damages-claims, the lawful delay-interests calculates. 

8. Mängelhaftung 
Our technical advices and offers become worked out her/it us known parameters and circumstances under consideration with most outer diligence. All respects for the use of our products are handed over after best knowledge. We can give because of the multiplicity of the uses, different requests and individual conditions with the application no assurance for the suitability of the product for a certain use however if we have not assured the suitability specifically in writing. The customer is committed in each case to check the suitability of the product for the application itself thought by him/it.  To the storage of Elastomer-Artikeln, DIN is applied 7716. Technical alterations for improvement of the product are allowable. Complaints because of obvious and recognizable lacks and because of faulty-quantities must after reception of the ware in written form instantaneously, at the latest however within two weeks, with us current is done. Lacks, that cannot be discovered also with careful examination within this period, are unhesitating, at the latest however a week after discovery, to reprimand with us in writing. After processing and mounting, complaints are excluded, unless, the lack was only recognizable through processing or mounting. If lacks of the ware appear, so the customer is committed on our wish to have lifted her/its/their nature through a neutral experts. The customer has us or our Vorlieferanten chance, to give, to test the identity of the complained ware and the brought up lacks at place and position and to make available for tests on desires instantaneously. Claims, that result from it, that the Be - or processing of the ware is not immediately put in after observation of the lacks or a mixture of our ware is not omitted with ware of other origin up to an express decontrol of the ware by us in fact or our Vorlieferanten, is impossible. We achieve assurance through free substitute-delivery. If the substitute-delivery is impossible, she/it fails or is refused her/it/them by us seriously and finally, contract can resign the tidings in front or can require decrease. The same rights are entitled the customer if the substitute-delivery of us is delayed unreasonably or has elapsed an appropriate period sedate by the customer fruitlessly. 

9. deviant agreements 
Agreements, that deviate from these Lieferungs - and terms, need to her/its/their validity of our written confirmation. The remaining regulations of these Lieferungs - and terms remain effective in this case. 

10. Data processing 
Our confirmations of order and bills are produced by EDP, § 26 Federal-data-protection-legislations. 

11. Applicable right 
The right of the Federal Republic of Germany is valid under exclusion the Agrees the united nations over contracts over the international merchandise-purchase and other bilateraler and international agreements to the standardization of the purchase-right. 

12. Fulfillment-place and jurisdiction 
Castrop-Rauxel is fulfillment-place and jurisdiction for all claims from the business-connection. Prominent business-conditions underlie all offers and agreements, are regarded through award or assumption of the delivery as recognized and can be altered by us anytime. Differently conditions are opposite ineffective us. 

Stand: August 2003