Quotation and Acceptance of Order:
AMQA's quotation are always without obligation.
Agreement and arrangement made made orally or by telephone with our
representatives become legally valid only if approved in writing by us.
Deviations in the orders placed by the purchaser from our items of delivery and
payment shall not be binding for us if we have not expressed our consent in
writing. We shall be permitted expressly and in all cases to correct eventual
errors in offers and invoices at a later point in time.
All specifications stipulated by us regarding delivery
periods are only approximations and non-binding.
The statutory purchase tax on the agreed price shall
additionally be paid.
Right of Cancellation:
Unforeseen events and cases of force majeure shall exclude
indemnity claims and shall entitle us to cancel the contract entirely or
partially. We shall also be entitled to cancellation of contract on the mutual
understanding for other reasons, which seriously obstruct or hamper the
execution of the contract. The concept of unforeseen events or cases of force
majeure includes in particular war, Blockade, Strikes, embargo on export or
import, fire breakdown, lack of coal, raw materials or operating machines
Acceptance of Goods:
Complaints regarding design, quality, quantity and weight can
be taken into account only if the claimed loss in more than 5% of the delivered
goods. Furthermore, we must be informed of complaints though written notice
within 8 days after receipt of the shipment. For the complaints acknowledged by
us, either replacement shall be delivered free of charge or the paid purchase
price refunded at our discretion, on the other hand, any further claims, in
particular for paid freight wages, expenses and penalty for daily, shall be
If no specifications regarding packaging are made in the order, we shall
choose the standard packaging at our discretion.
The goods shall always, regardless of route and
transportation means, be shipped to the place of destination at the risk of the
purchaser. Traffic duties, if not accruing to us in the case of freight paid FOB
and CIF deliveries, shall be borne by the purchaser unless, due to statutory
regulations, the seller must be bear traffic duties alone. We shall assume
obligation neither for punctual transport nor for full utilization of the
capacity of the means of transport.
If upon completion of a transaction no other conditions of
payment have been stipulated in writing, our invoices shall be payable at
Hundred Percent Advance, or through the L/C at sight. In case of bankruptcy,
application for settlement at or out of court, judicial assistance for debtors,
or petition for respite of remission of debts, all claims to which we are
entitled shall become due. Payments made by the customer shall be deducted from
the oldest debt unless otherwise stipulated in the individual case.
Reservation of Title:
The delivered goods shall remain our property until full
repayment of all obligation arising from the business connection and from other
and future transactions between the purchaser and us. The purchaser shall oblige
himself to handle the goods properly and with care for the duration of the
reservation of the title by seller. The purchaser shall, within the scope of his
orderly and usual business activities, be entitled to sell and process the
goods. The claims made by the purchaser from the resale of the the reserved
goods shall, with all additional rights, at this point in time be transferred to
us until the full repayment of our claim from physical deliveries to the full
amount. The transferred claims shall serve as our security, but only to the
value of the reserved goods sold in each case. Should the reserved goods be sold
by the purchaser after processing or unprocessed in conjunction with our goods
not belonging to us, the transfer of the purchase-money claim shall be valid
only to the value of received goods which, with the other goods, are the subject
of this contract of sale or part of the object of sale. The purchaser shall be
entitled to resell the reserved goods only in accordance with the above
stipulations regarding transfer of the purchase-money claim. The purchaser shall
be obliged to inform us immediately in case of seizure of the goods or , in lieu
of the goods, of a purchase-money claim from a third party in case of resale. We
shall, at our opinion, bind ourselves to release and transfer the securities
transferred to us according to the above conditions as far as their value
exceeds the claims to be secured by 20%.
Place of Performance and Jurisdiction: