For export of lamps and accessories to European Community countries.
1. Radium products are branded articles. Radium product descriptions do not constitute legal warranties.
2. The following conditions shall apply to our deliveries, insofar as no other agreement has been acknowledged by us in writing. Our offers shall be subject to alteration, insofar as, for the individual case, we have not specified otherwise in writing
3. For delivery commitments we have entered into, only our written order confirmation shall be valid.
4. Delivery shall be made ex works in accordance with Incoterms 2000.
5. Delivery delays or limitations arising through no fault of our own or which can demonstrably be attributed to military mobilisation, war, uprising, strike, lockout or the emergence of unforeseen obstacles outside the supplier’s control, shall not entitle the customer to withdraw orders. In this case, the delivery deadline shall be extended accordingly.
6. We warrant that our products shall represent the state of the art and shall be free of manufacturing and material defects. For items which are worked on and modified without our express consent or exposed to improper conditions of use, we shall not be obliged to pay any compensation, insofar as a query concerning the item can be attributed to this.
7. Claims for defects must be asserted immediately in writing at the time such defects are ascertained. Radium must be granted an appropriate period in which to provide subsequent performance. Queried items must be sent back for inspection. If the inspection reveals that manufacturing or material defects exist, or some other defect exists, a replacement delivery shall be made or a credit note issued, at Radium’s discretion. If notice of defects is not given appropriately, Radium shall be entitled to demand compensation from the customer for the expenses incurred. If subsequent performance is unsatisfactory, the customer may withdraw from the agreement or reduce the payment. If § 438, section 1, no. 2 and 479, section 1 of the German Civil Code apply, claims for defects shall lapse after the periods set out therein. Claims arising from damage to health, physical injury or death and claims arising from wilful or grossly negligent breach of duty shall lapse in accordance with the legal provisions. All other claims for defects shall expire, save as provided in § 377 of the German Commercial Code, 12 months after delivery. Expiration of the normal lifespan of the goods within the warranty period shall not constitute a defect.
Pleas or objections shall not confer on the customer the right to stop payments, modify the method of payment or off-set payment against its own claims, unless these are undisputed or legally established. In case of defects, the customer’s payments may only be withheld in an amount proportionate to the value of the queried item.
8. For damages due to late delivery, for damages due to defects in material or workmanship and for all other kinds of damages, we shall be liable in accordance with the legal provisions only in the event of (1) intent and gross negligence, (2) in cases of damage to health, physical injury or death, (3) in case of the assumption of delivery or quality guarantees, (4) in cases of malicious concealment and (5) in cases of claims based on the Product Liability Act. If we are in culpable breach of an essential obligation or if the client is entitled to claims for compensation of damage in place of performance, the liability shall be limited to compensation for typically occurring, foreseeable damages. No other claims for damages (e.g. consequential damages) may be asserted against us. Essential obligations shall mean for the purpose of these terms those obligations protecting the customer´ s essential legal positions, which the contract is meant to grant according to its content and purpose; in addition, those obligations, enabling the fulfilment of the contract and regularly trusted on by the customer are deemed to be essential obligations (e.g. delivery of the agreed products with the agreed characteristics, respectively the characteristics stated in the specifications, in due time and suitability of those products for the agreed purpose, respectively the purpose stated in the product description).
9. The prices are given in the agreed currency, net and without deduction, within the agreed payment period, ex works in accordance with Incoterms 2000. The payment must be made in cash in the agreed currency at the payment location nominated by us. The authoritative date for timely payment shall be the date of receipt of the payment by Radium.
10. In case of late payment, interest on arrears amounting to 8% shall be calculated annually above the applicable basic interest rate, unless Radium proves a higher level of damage, or the buyer a lower level of damage on the part of Radium.
11. In case of arrears, the customer shall bear the risk for currency exchange losses incurred by us against the value of our claim in euro on the due date.
12. Until all our claims for payment arising from the current business relationship with the customer have been fulfilled, we shall retain title to the goods delivered by us. The title shall not transfer to the customer until we are able to dispose freely of the purchase price. Provision of a letter of credit shall not constitute payment.
1. If the customer is a trader, the place of jurisdiction shall be Wipperfürth. We shall also be entitled to bring claims before a court having competent jurisdiction over the headquarters or a registered office of the customer.
2. The supply relationship shall be subject to the law of the Federal Republic of Germany. The Unified Law governing the international purchase of moveable goods dated 17/07/1973 and the UN Agreement on the international sale of goods dated 11/04/1980 shall not apply.
3. By placing orders, the customer gives his consent to the above conditions.
- Radium Lampenwerk GmbH
- PO Box 1440 · D-51678 Wipperfürth
- Telefon +49 (0)2267 81-1 · Telefax +49 (0)2267 81-353
April 2006