General terms of business

1. Offer, completion of the contract, execution
1.1 for all completion of the contract with us count the following conditions. These are accepted by the buyer with placing of order at the latest with acceptance of the first delivery and count to the complete duration of the business connection. Divergent shopping terms of the buyer count only with our written approval.
1.2 Our offers are always not-binding. An order is accepted only when he is confirmed in writing by us or is explained. Verbal or distant-verbal arrangements are effective only if they are confirmed in writing.
1.3 All information about shapes, dimensions, colors, executions etc. which are included in our printed matter, catalogs, price-lists or in other contract documents are roughly authoritative only, as far as they are not called expressly obliging.
1.4 We changes of the subject matter of the contract are left to us within the scope of the reasonableness. Special Mades by wish of the buyer entitle us to more and short deliveries up to 10%. The actual delivery volume is calculated in each case.
1.5 Assurances, beneath speeches and changes of the contract must occur in writing. Should a regulation be ineffective in our general terms of business or become, the effectiveness of all other regulations is not touched from this.

2. Prices and payment terms
2.1 The prices called by us are always not-binding. The prices get on in EURO, exclusively duty and plus value added tax valid in each case. They count basically ex works incl. sales packaging. The calculation occurs in each case for the price valid in the delivery date. By deliveries we calculate a carriage cost surcharge according to article.
2.2 Should the factors establishing the price (in particular material, wages, energy, deliveries) between completion of the contract and delivery change, we are entitled to adapt the prices.
2.3 All calculations are payable immediately without every deduction from calculation date. A claim to discount payment exists only if this was agreed before end or order in writing.
2.4 of the buyers can charge only with an indisputable or legal demand.

3. Default, property deterioration
3.1 Should we receive knowledge from it that the principal has suffered an essential deterioration of the financial situation or liquidity - also so far this has their reason already before completion of the contract, we are entitled to require precash and to deliver the product only to train around train against payment of the invoice amount.
3.2 With excess of the payment purpose or with insolvency of the principal become all demands immediately due. On late payment we may calculate interests on arrears at the rate of 5% about the base sentence of the European central bank.

4. Delivery time, delay of delivery, impossibility
4.1 Agreed delivery times are always not-binding. The agreed delivery time counts as kept if up to your expiry the delivery has left our work or the dispatch readiness is informed.
4.2 Unpredictable events which prevent the delivery or complicate substantially release us for the duration of their consequences all or part from our duty of delivery. This counts in particular with operational disturbances, handicapped supply of the raw materials, materials, missing possibilities for storeing, to official measures, strike and lockout. In such cases we are entitled, even if we are already in delay to deliver with suitable delay. Besides we are also entitled after choice to withdraw from the contract immediately or later, all or part, without the buyer can assert out of this claims against us. With excesses of more than 3 months the buyer can withdraw from the contract. Other claims are not entitled to the buyer.
4.3 A delay of delivery in debt by us is, the buyer can put to us in writing an adequate extension, with the indication that he rejects the decrease of the subject matter of the contract at the end of the term.

5. Driven crossing, part delivery, assurance
5.1 We are entitled to part deliveries.
5.2 dispatch ways and dispatch kind are chosen by us.
5.3 the danger goes over, in any case, by handing over of the subject matter of the contract to the transport person on the buyer. The corresponding also counts with part deliveries.
By request of the buyer we insure of the subject matter of the contract on its costs.

6. Returns
By us delivered product it is not taken back basically. If we volunteer in the isolated case according to the previous written arrangement exceptionally moreover, a handling charge of 20% of the net goods value is raised plus sales tax. Necessary processing costs are separated calculates the transport danger and carriage the buyer carries.

7. Acceptance delay
7.1 The buyer the subject matter of the contract in time does not take 7.1, we are entitled to require immediate decrease and payment or to put to it an adequate extension. At the end of we can otherwise dispose of the subject matter of the contract and supply the buyer with appropriately extended term. Disregarded of it our rights remain according to the appropriate legal regulations to withdraw from the contract or to require damage substitute because of non-fulfillment. If we require damage substitute because of non-fulfillment, we can demand 25% of the agreed price plus sales tax as a compensation without proof, provided that the buyer does not prove on its part that a substantially lower damage has originated to us. We are left to ourselves to assert a higher damage, as far as he has really originated to us.

8. Retention of title, demand cession
8.1 Up to entire payment of the purchase price including all other demands, as well as up to payment of all remaining demands from the business connection remain the delivered goods our property. The buyer is not entitled till then to pledge the product into three parts or to convey to the security. The buyer keeps the reservation product free of charge for us.
8.2 We attain 8.2 by processing, connection and mixture of the reservation product with other goods by the buyer the joint ownership in the new thing comparatively of the calculation value of the reservation product to the material totality. The coproperty rights originating afterwards count as a reservation product for the purposes of the figure 8.1
8.3 Of the buyers is entitled to dispose of the reservation product in the proper sales way if he is not in the default with our purchase price demands.
8.4 Of the buyers resigns to us already at the current time all demands which arise to him from the wide disposal of the reservation product against third. If the reservation product is disposed after processing, connection or mixture, the cession of the demand from the wide disposal counts only to the extent of to the buyer of us of charged value of the reservation product. This also counts if the reservation product together with other goods, likewise do not belong to the salesclerk, is resold.
8.5 Of the buyers is also authorized after the cession for the collection of the demand. We can limit the direct-debit authorization from legitimate interests and recant for important reason, in particular for the case of the default. We can require that the buyer announces to us the demands resigned to him and their debtors, all information necessary to the move does, matching documents hands over and his debtor discloses the cession. The direct-debit authorization also goes out without explicit cancellation if the buyer puts his payments, is opened about his property unable to pay or he gets some other way in property decay.
8.6 Now his consent explains 8.6 of the buyers already that from us with the collection of the reservation product to commissioned persons for this purpose the property or the building, on or in find itself the objects, enter or can drive to take the reservation product in himself.
8.7 Of the buyers has to inform us of every seizure, execution or other measures interfering with our property rights by third immediately. The buyer has the costs of the measures for the removal of the interventions of third to carry in particular the any intervention processes.
8.8 We oblige us, which to release in this respect us after the preceding regulations to being entitled securities after our choice by request of the buyer when their realizable value exceeds the demand to be protected about 20% or more.

9. Guarantee and liability
9.1 One lack to be represented by us is, we are entitled after our choice to the finishing touches or to the spare delivery. For the case of the finishing touches additional costs are to be informed like transport, ways labor cost and cost of materials to begin with and to let approve by us. We are left to ourselves to choose the way most favorable for us by finishing touches if necessary to let carry out also this by ourselves or a third. We are only obliged to finishing touches at the assembly place if we have mounted at this place responsibly. If we have carried out no assembly works, but merely have delivered the product, the customer is obliged to send back us the defective product for the finishing touches.
9.2 Occurred the finishing touches or spare delivery not within - under Consideration of our possibilities of delivery - adequate term or the finishing touches and/or spare delivery miss, the customer can require the lowering of the reimbursement (decrease) or withdraw from the contract.
9.3 For the case that it concerns a commercial purchase the investigation and rebuke duties count after the regulations of the HGB.
9.4 It count the legal guarantee terms of the Federal Republic of Germany.
9.5 A pity claims for damages of the buyer can be asserted only in this respect against us when they are based on intentional or roughly careless breach of contract or on intentional or roughly careless duty injury at contract negotiations before completion of the contract by us, our legal representatives or our fulfilment support. A liability for light carelessness exists only in the case of the injury of a contractual main duty and/or with personal damages. With the exception of personal damages circumference and height of our liability are limited to the substitute of the typical predictable damage.
9.6 In figure 5 performed restrictions of liability also counts, as far as claims from unauthorised action as well as product liability claims are asserted.

10. Place of fulfilment and legal venue
Place of fulfilment for the obligations of both parts from all relations is 23701 Süsel OT Gothendorf.
It is worth German law.
As a legal venue Eutin is agreed.
Adresse: nanoproofed® GbR - Am Schmiedeberg 1 b - 23701 Süsel OT Gothendorf - Germany
Tel. 0049 (0)4521 - 77 66 66
www.nanoproofed.de - info@nanoproofed.org