General terms

1. Part of the contractual relationships between us and the contractor are exclusively the following conditions of purchase. This applies to current business connections in the case of contract by telephone, fax or other means of telecommunication. From these Conditions deviating terms and conditions of the contractor are valid only in individual cases and then only if this has been expressly confirmed in writing. An assumption of the contract goods by us does not replace this written confirmation.

2. Subordinated all relevant rules in the field of certification, accident prevention, occupational health and safety (engine Protection Act, Regulation on hazardous materials and the like), environmental protection, and all relevant directives and orders apply by competent authorities (in particular of supervisory authorities, trade associations, professional associations, and the like) and the recognized rules of technology.

3. Orders and agreements and amendments are binding only if they are issued or confirmed by us in writing. Orders and other agreements must be confirmed in writing by the contractor. Differs from the order confirmation of the order, these deviations are to be marked and particularly emphasized. Not confirmation shall be deemed acceptance of the order.

4. Illustrations, drawings and other documents of our inquiry, we reserve the right of ownership and copyright. You may not be made ​​available to third parties. The documents are to be used exclusively for the fulfillment of our order; they are automatically following the completion of the order, return the rest to our request. Third parties not switched by the contractor special experts and contractors apply if they have against the Contractor equally committed to the confidential handling. The Contractor shall be liable for all damages incurred by us from the breach of this obligation.

Prices and Payment

1. The agreed prices are fixed prices covering all discounts and surcharges exclude VAT and incl. Costs of shipping damage exclusive packaging and are free to the destination specified in the order. The risk after conclusion of entering cost increases of any kind are borne by the contractor. Price increases are also excluded if the delivery is to be more than 4 months after the contract is performed or later.

2. In case of deliveries, we assume the lowest possible freight costs, unless we have specified a special type of shipment. By the method of pricing the agreement shall not be affected on the place.

3. Changes / enhancements to the delivery / performance scale, which prove to be necessary in the execution, the contractor will notify us immediately in writing. They require our prior written consent. The same applies to excess or short deliveries, which are also not permitted without our approval.

4. We reserve the recognition of quantities and weights, due to the usual checks and subsequent weighing. For the weights of the weighing carried out by us shall prevail. To the extent permitted by law, without weighing weights can be determined according to the standard. Does not affect the usual in the steel trade of the Federal Republic of Germany increases and reductions (trade weights). Unless individually in the ordinary occurs, the total weight of the consignment. Differences from the calculated individual weights are distributed proportionally. Quality and extent determined by the force at the conclusion of the contract DIN standards or material specifications. Unless DIN standards or material specifications exist, the corresponding Euro-standards apply, in the absence of such according to commercial usage.

5. Invoices shall be sent in duplicate to the stated in the order billing address or our management. Order numbers must be indicated, all settlement documents (bills of material, proof, allowances, certificates acc. DIN EN 10204, etc.) must be attached. Invoices may not be included in the delivery. Part due invoices partially SUPPLIED supplies or services are only permissible if this has been agreed in writing in the contract. You must be labeled as such and identify the VAT.

6. Payment terms shall commence at acceptable at we adopted delivery or service and the invoice. For compliance with payment deadlines, the dispatch of cash is sufficient by us. They end with the sending of cash by us. In premature deliveries, we reserve the payment of invoices at the time of the contract would be in accordance with Timely Delivery.

7. We make payments, unless otherwise agreed, according after complete and unobjected delivery and receipt together with all accounting documents. Abs. 5th

8. Any payments made by us do not mean that we recognize the invoice.

Delivery terms and delivery dates

1. Delivery dates or terms of delivery respectively are binding and have to be met by the supplier. When agreeing a calendar week as the delivery deadline of supply is the Friday of this week. If this falls on a holiday, the immediately preceding business day shall be deemed authoritative. The delivery periods shall commence on the date of the written order. Delivery times and deadlines are only met when the goods arrive at the agreed date or within the agreed period at the destination. Deliveries before the agreed delivery date may be refused by us. The acceptance of late deliveries or services does not imply waiver of claims for compensation. All caused by late deliveries or services costs us the contractor to replace in any case, especially when canceled. Caused by late delivery Additional freight will be borne by the Contractor. The contractor is generally entitled to make partial deliveries only with our written consent.

2. From the detection and / or admission of any delay, the contractor shall make us indicating the anticipated schedule or time limit exceeded writing immediately notification. Should the Contractor of such notification, he can against us on the delaying event is not called.

3. If the contractor is in default, we have the right to rescind the contract after the contractor has been set a period of grace without result. Claims for damages on our part remain unaffected.

4. In case of delayed delivery we are entitled to demand lump-sum damages in the amount of 1% of the delivery value per full week, but not more than 10%. The Contractor shall have the right to prove that no or significantly less damage resulted from the delay. The assertion of further legal claims and rights are reserved to us.

5. In the absence of necessary documentation supplied by us to the Contractor may only rely, if he has not received these documents despite a written reminder within a reasonable period.

6. In the case of force majeure, we are entitled to demand the execution at a later date; we are obliged to notify the contractor immediately.

7. In addition to the provisions made in previous paragraphs regulations apply the law.

Declaration of origin

1. In case the Contractor submits declarations on the originating status of the goods sold, the following shall
apply; The Contractor shall enable the customs authorities to examine the proofs of origin and give the
necessary information and submit possibly necessary certificates. The Contractor is obligated to pay compensation for a loss incurred as a result of the declared origin not
being recognized by the competent authority due to incorrect certificate or the inability to check this. The
Contractor will, however, only be faced with this liability if he is guilty of culpable behaviour or in the
absence of a warranted property or quality

Transport and transfer of risk

1. Each risk shall pass upon delivery of the delivery item to the destination specified in the order to us, unless we have carried out the transport with its own staff or by a person authorized by us forwarding itself. In addition to the shipping address are in the transport documents, the order details (order number, order date, delivery, recipient's name, material number, etc.) must be indicated. When delivering hazardous substances are us product information, in particular to transmit safety data sheets in time for the delivery. The same applies to information regarding legal marketing restrictions. The costs resulting from misallocation of deliveries paid for by the contractor, unless he takes over the transport or has inflicted Dysfunction transport. Absence in the shipping documents our order reference or employment notices, then all of costs incurred as demurrage, switching fee and the like at the expense of the contractor.

2. When entering and driving our factory premises / our construction is to follow the instructions of our staff freight. Entering or driving on our factory premises / our construction is to register in time. The provisions of road traffic regulations must be observed. We and our employees are liable, for whatever legal reason, only for gross negligence and willful misconduct, injury to life, limb or health, for simple negligence.

Liability for defects

1. Beyond the statutory and additionally agreed in the purchase warranty beyond the contractor warrants that its delivery or of performance in its entirety the use according to the order, the relevant legal provisions listed two of these conditions in the general provisions of paragraph and relevant policies and arrangements of competent authorities, the relevant technical rules and regulations (DIN standards, VDE regulations and the like) and the recognized rules of technology.

2. Analysis costs necessary for the purpose of determining whether the delivery conforms to the contractual provisions shall be for the account of the contractor.

3. The Contractor waives the excuse of a tardy notification of defectt

4. If within the warranty period defects found or guarantees as to the delivery or performance object are not met, we are entitled to the legal rights and claims.

5. The material defects claims that we hold will be subject to statutory time limitation periods.

6. The time limitation applying to our material defects claims will be suspended for as long as the contractor has not finally rejected our claims in writing.

7. If defective goods are repeatedly supplied, we have the right, after issuing a formal letter of caution without result, to terminate successive contracts or blanket agreements without observing a period of notice.

8. If overall controls exceeding the normal scope of incoming material controls become necessary due to defective supplies, the contractor shall pay the costs thus incurred.

9. If the Supplier is responsible for damage to the product, then it agrees, upon the first demand made, to indemnify us with respect to any third party compensatory damage claims, to the extent that the cause of the damage was within its sphere of organisation and control and it itself is liable to third parties.

Offsetting/Retention Rights and Assignment

1. We are entitled to offset counterclaims to explain the set-off, even if the due dates of reciprocal claims are different or if it is agreed by a cash payment and the other payment acceptance or customer changes.

2. We shall be entitled to the full range of set-off and retention rights stipulated by law.

3. Assignments as well as other transfers of rights and obligations of the contractor outside of the scope of application of §354 a HGB (German [...] Commercial Code) are excluded.

Data Processing Clauses

We have the right to store personal data of the Contractor with automatic data processing, edit and transmit our affiliates, to the extent necessary to fulfill and process the order.

Geheimhaltung

1. The contractor is obliged to treat all information which he receives through execution of the order as unrestrictedly confidential. This does not apply to information that was already known to the Contractor upon receipt or of which he has otherwise been made aware (eg from a third party without reservation of confidentiality or through their own independent efforts).

Publication, Advertisement

Evaluation or disclosure of the business relations with the EKF Company in publications or for advertising purposes shall only be permissible upon prior express approval of the Pro-Stahl GmbH Company.

Final Provisions

1. Place of delivery for all deliveries and services is the mentioned place of destination.

2. Place of jurisdiction for all disputes arising from the this contractual relationship is the responsible court at the location at the registered office of our company, for legal actions taken by us as well as for such taken against us. In addition,we are entitled to bring an action before the court which has jurisdiction at the registered office of the customer.

3. The relations between the contractor and ourselves are governed solely by the law of the Federal Republic of Germany but excluding private international law, the Hague Sales Convention and the Convention on the International Sale of Goods (CISG). The contract language is German.

4. If parts of these general sales terms and conditions are or become ineffective, the effectiveness of the remaining clauses thereby will not be affected. The legal operative clause, which is nearest to pursuing the same purpose as the ineffective clause, applies.

5. Side-agreements, assurances, amendments or supplements to these terms and conditions or the contract shall require written form and must also be expressly indentified as such.

6. Requested in writing provided in these Conditions or in other contractual agreements, the written form is also satisfied by transmission by fax, email or other communication by means of electronic data transmission..

Stand: 01.01.2012