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General Terms and Conditions of Sale and Delivery (Inland)

1 Scope
General Terms and Conditions of Sale and Delivery specified below are applicable to all offers and sales made by Falcon World GmbH to the buyer. The purchaser’s conditions are not applicable. They need not be expressly objected to in a counter confirmation. Contracts entered into and these conditions of sale and delivery listed below remain in force when any one provision is deemed null and void and is no longer binding.

2 Prices
Our prices for the goods delivered are based on the daily valid prices. We reserve the right to err and to change prices without notice.

3 Warranties
For defective goods delivered purchaser will receive a replacement according to lawful warranty. If the replacement of the goods fails, the customer may deduct the amount payable or may cancel the contract. Goods being replaced will be sent free domicile. We are liable for any further claims only in the case of intent or gross negligence. Notification of obvious defects must be made by purchaser to seller without undue delay (within a week after delivery). Defects arising from improper use or assembly cannot be recognised as justified claims. The warranty period is one year commencing on the date of delivery.

4 Complete delivery of goods
We endeavour to have a good stock of all offered spare parts/ articles at all times. However this is not always possible as we are dependant upon our suppliers and deliveries at a later date cannot always be avoided. A delivery date is only binding if it has been expressly confirmed in writing. The purchaser is obliged to grant Falcons World GmbH a reasonable extension of the delivery period (at least 3weeks). Delivery at a later date of ordered goods that were unable to be delivered immediately will be free of charge and will be carried out as soon as possible.

5 Returns
Returns will only be accepted when enclosed declaration form has been filled out in full and is enclosed in return shipment. Defective goods can be returned within warranty period (1 year at the moment from delivery of the goods). We accept returns due to transport damage if buyer has notified us immediately after receiving goods. In this case the goods will be replaced. We cannot credit you with the amount. Returns due to false orders / deliveries are possible up till 10 days after delivery at the latest. Special parts ordered for, products manufactured to customer’s specifications and consumer material cannot be returned. Returns must be sent free domicile. We will refuse acceptance if not sent free domicile. Forwarding expenses cannot be replaced. .

6 Delivery
We delivers using a parcel delivery service. Orders of small parts can be sent by mail. The minimum order amount is 10 Euros. For orders under a net amount of 250 Euros we charge a flat rate of 7 Euros for transport and packing material. Orders over a net amount of 250 Euros will be sent free domicile.

7 Disposal of packing material
We take back packing material used in our deliveries under the condition that return shipment is at buyer’s expense.

8 Retention of ownership
We, the seller, retain ownership of the items supplied until all existing obligations have been met in full. Any manufacture done on goods supplied to us or goods processed in any way by us as manufacturer in the sense of §950 BGB is without obligation on our part. Should you process supplied items with other goods not belonging to us we have the right to joint ownership, namely in the percentage of the invoice value of our processed goods as compared to the sum of the invoice value of all other used goods. You are entitled to sell the goods in normal business transactions or to do work on the goods provided you are not in default of payment. It is agreed, in case of default, that your claim from the sale of the goods will be transferred to us. We are entitled to disclosure of this transfer at all times.

9 Place of performance
Place of performance for delivery and payment is 85235 Odelzhausen.

10 Court with Jurisdiction
Buyer submits to jurisdiction of the court located in Munich for all disputes, parties to the contract being merchants. It is agreed that this agreement is applicable to both bill of exchange and cheque actions as also to property claims. German law shall apply with the exception of CISG. .

Odelzhausen, September 2009
Falcons World GmbH
Miegersbach 30
85235 Odelzhausen
Tel.: +49 (0)8134 7776
Fax: +49 (0)8134 7149
info@falcons-world.com
www.falcons-world.com
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