1. General
These conditions are applicable exclusively as far as we do not accept in writing any modifications or conditions of the buyer. These conditions of sale shall also apply to all future business transactions between the contractual parties, without requiring a renewed note to these conditions. This applies even if the buyer took note of these conditions after the conclusion of the first contract between the parties. In case a single clause of these conditions is viewed to be invalid this does not affect the validity of the remaining clauses of this conditions. The INCOTERMS 2000 are applicable as far as they are not inconsistent with these conditions or written agreements. Rights,  duties and particularly claims arising out of business relations with us cannot be transferred to third parties by the buyer.

2. Nonbinding Offers
Our offers are without obligation regarding price, amount, time of delivery and ability to deliver. Offers and orders require written confirmations by us (also by invoice or by delivery note). Samples of our products are to be considered as rough indication of the qualities of the goods, unless anything varying has been agreed upon in writing. Advices and informations are given by us to the best of our knowledge, however, without warranty. Suitability test of the delivered goods as well as the observation of process specifications do not become dispensable. With respect to offers, technical illustrations, calculations and other documents we reserve our property- and copyrights, without our written consens it is not allowed to give third parties access to the documents and items specified above.

3. Price
The price applies to the delivery ex factory. The dispatch weight and quantity as determined at our factory is decisive for the accounting of the prices. Incidental expenses (e. g.costs of bank remittances or redemptions of shipping documents) are to the buyers debit. Changes in our list prices or changes in the basis of our price calculations in freights, taxes, customs duties, costs, other duties or in the currency relations, which occur between the conclusion of the contract and the delivery, entitle us to raise the invoice prices accordingly.

4. Delivery
Our deliveries are carried out according to our possibilities. For the adherence to any delivery times we are not responsible. In case the parties have agreed on a fixed date of delivery, the buyer is obliged in case of delay of delivery to allow an extension of delivery time. Correct and punctual delivery to us remains reserved. We consider the date as the date of  delivery, on which the deliveries are made available to the buyer. Part deliveries and their billing are permitted. Acts of God and of Government, strikes, lockouts, interruptions of operation, distribution and of traffic, occuring to us or our suppliers entitle us to postpone the delivery to an appropriate future date or to retreat from all or part of the remaining contractual obligation.

All consignments, goods, barrels and other containers are forwarded at buyers risk, always. We choose the way and manner of transportation, however, without guarantee for cheapest freighting, full exploitation of pay loads, and required size of waggons and containers. Desires of the buyer are taken into consideration at his expense and if possible.

5. Place of Performance
The place of delivery and payment is - notwithstanding our securing titles and rights according to sec. 9 - our delivering factory, even if the delivery is for instance FOB, CPT, DAF.

6. Liability
We are only liable for intention and gross negligence. Objections to the quality and quantity of our goods have to be submitted to us by giving the date of the order and of the account and the numbers of the dispatch at the latest 8 days after receiving the goods. Notifications of a defect can only be raised if our goods are unchanged in the original containers. Returns must only be carried out with our consent. We meet justified notifications of defects exclusively and at our choice by exchanging the goods or reducing the purchase price.

7. Prohibition of summation; Prohibition of the Assertion of a Lien
The right to set off and the assertion of a lien against our claims are excluded. If the buyer is in default with an obligation to us or if we have doubts about his solvency (e. g. in case of suspension of payments), our delivery obligations are suspended, and we are entitled to claim the settlement of all claims as well as reasonable default interest.

8. Reservation of Ownership
We are reserved the right of disposal on all goods until all claims we can hold the buyer responsible for are settled those goods thus remaining our property until then, and they cannot be pawned, title to them cannot be transferred for securing a debt, and they cannot be resold except in the ordinary course of business.
Should a retention of title be ineffective according to the law in the scope of application of which the goods are, we are entitled to the securing titles and rights admitted by that law. The buyer is obliged to point out to us the actions to be taken by us for the maintenance of these rights. He has to co-operate at such action, too.
Should any third party raise claims to our goods, we have to be notified immediately in writing.

9. Severability Clause
If any provision of this General Sales Conditions prove to be invalid in whole or in part, the validity of the remaining clause shall not be affected thereby. The parties shall replace an invalid provision with a valid provision that is as close to the economic intent of the invalid provision as possible.

10. Applicable Law, Jurisdiction
Our business relations with the buyer are subject to the German laws. The provisions of the "Uniform Laws on the International Sale of Goods of 17. 07. 1973" as well as the UN Convention on Contracts for the International Sale of Goods (CISG) dated 11.04.1980 are expressly excluded. Commercial clauses are to be interpreted according to the INCOTERMS valid at the time. Place of jurisdiction is Dortmund. We may also request the application of the foreign law to which the buyer is subject as well as appeal to the court having jurisdiction over the buyer.