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General terms and conditions

1. General Information

1.1 In general, all our deliveries and services are carried out in compliance with our general terms and conditions. We would like to state explicitly that we do not accept different or contradictory conditions of customers. If we carry out deliveries without any reservation and according to conditions of our customers which are contradictory to our terms and conditions, our terms and conditions are the ones which are valid, also in this case.

1.2 Our general terms and conditions will also be valid for future business with our customers and suppliers.

1.3 These terms and conditions apply exclusively to organizations acting as enterprises according to § 14 BGB ( German Civil Code), to public sector bodies and to public sector special funds.

2. Offers - conclusion of contract

2.1 Our offers are subject to change.

2.2 We reserve the property and copy right for calculations, photos, drawings, price lists and other documents. They may not be copied, duplicated or forwarded to third parties without our specific and written authorization.

3. Prices and terms of payment

3.1 Our prices are quoted ex stock and do not include the value added tax. If the net value of goods is inferior to 500.00 €, an extra charge for small quantities of 50.00 € plus VAT will be charged. Actual shipping costs, such as costs for the drum (rental fee or purchase price), postal charges as well as costs for packing and insurance will also be charged.

3.2 Our invoices are payable in full within 10 days upon receipt of invoice. Agreements deviating from this term are considered to be special conditions and have to be explicitly approved in writing.

3.3 Buyers shall only be entitled to set off any claims against our claims if the customer's claims have either been determined by a competent court or if we acknowledged such claims. The customer has the right of retention only if the counterclaim applies to the same contractual relationship. If there is a right of retention, buyer’s payments may be only retained in full extent which is in an adequate relation to our debt claims until the counterclaims are settled.

3.4 In the case of default in payment, default interest in the amount of 8 % must be paid on the invoice total. In the event of default in payment or justified doubt regarding the ability to pay pr creditworthiness of the customer, we are entitled, without prejudice of any of our other rights, to demand advanced payment for any deliveries not yet performed and to call due for payment immediately all claims arising from the business relation.

4. Terms of delivery

4.1 The delivery of cable can be executed using returnable drums (KTG) or one-way drums. In case of leaving cable drums belonging to Kabeltrommel GmbH & Co KG Cologne (KTG) KTS’s terms and conditions are valid. For their general terms and conditions as well as their availabilities, please contact them under the following address: Kabeltrommel GmbH § Co. KG, Schanzenstraße 30, 51063 Köln, phone: 0221/67880, fax: 0221/6788205.

4.2 The term of delivery shall not begin until all details of the order are clarified and until the customer has provided the necessary official authorizations or other necessary documents.

4.3 If not explicitly agreed otherwise, our delivery obligation shall at all times be subject to correct and timely supply to ourselves.

4.4 If the impossibility of delivery is based on the inability of our supplier, we or/and the customer may cancel the contract if the agreed delivery date is or will in all likelihood be exceeded by more than 3 months.

4.5 We shall be entitled to make partial deliveries. This will not result in additional costs for the customer

4.6 We reserve the right to deliver consignments in excess of or below 10 % of the ordered quantity at any time

4.7 If cases of Force Majeure, strikes, or lockouts as well as unforeseen hindrances which could not be avoided in spite of our precautions – whether they occur in our plant or in the plants of our suppliers – such as interruptions of operation, orders from authorities, shortages of energy or raw material prevent us from punctual delivery, the deadline will extend suitably. If delivery becomes completely impossible or unacceptable for us due to such events, we will be entitled to withdraw from the contract.

4.8 Firms deals will only be made upon written confirmation.

4.9 Should we be in default for reasons which lie in our responsibility, we shall be granted an appropriate number of days for completing delivery by the customer. The customer has the right to withdraw from the contract provided he has unsuccessfully offered a written extension of time of at least 8 weeks.

5. Transfer of perils

5.1 Place of fulfillment of our obligations of delivery is the warehouse from which delivery to the customer is carried out. If delivery is carried out ex stock, the place of fulfillment is the place from which delivery ex stock is carried out.

5.2 The peril of accidental perishing and loss goes over to the customer as soon as the goods have been given over to the person charged with the transport and / or as soon as the goods have left our warehouse and / or the factory of the manufacturer.

5.3 In the event that the goods are ready for shipment and the shipment is delayed for reasons for which we are not responsible, the risk shall pass to the customer upon receipt of the advice of readiness for shipment.

5.4 We shall have the right, but we shall not be obliged to take out an insurance policy to cover the perils of transport on behalf and at the expense of the customer.

6. Warranty

6.1 Warranty claims of the customer imply that he has checked if the delivered goods have arrived in proper conditions and that we are notified in written form about obvious damages upon reception of the goods, and about hidden damages as soon as they have been discovered.

6.2 Insofar as there is a defect in the item purchased for which we are responsible, we must initially be given the opportunity to undertake subsequent performance. We have the right to select the type of subsequent performance (e.g. rectification or replacement delivery).

6.3 If the rectification of defects and/or replacement delivery fail or if they exceed an appropriate time limit for reasons we are responsible for, the customer has the right to choose between cancellation of the contract or abatement of the purchase price.

6.4 All other claims for damage – regardless their nature and legal basis – are excluded- To this extent, we are not liable for damages that did not occur to the actual item delivered and particularly not for any direct, indirect or consequential damage or additional expenditure, losses of profit or other pecuniary damage on the part of the customer.

6.5 The disclaimers, there mentioned, are not applied in case of intent und gross negligence. Moreover, they do not apply if the customer asserts compensation claims for default because a guaranteed characteristic is missing. If we carelessly do not comply with important requirements, our obligation to indemnify material damage and personal injury is limited to the amount covered by our product liability insurance. We are ready to deliver insight into our insurance policy on demand of the customer.

6.6 The warranty period is subject to legal provisions.

7. Compensation for damages - responsibility

7.1 Any claim for damages shall be excluded if we or our legal representatives or assistants are only charged with slight negligence. The exclusion of liability does not apply in case of injury to life, violation of material contractual obligations or contractual acceptance of a guarantee. In the event of grossly negligent breach of a major contractual duty, our liability is limited to compensation of the typically foreseeable damage. Claims according to the product liability law remain untouched.

7.2 Claims based on material defects became time-barred after 12 months after the customer has known about the damages and the replacement obligation or should have known if not acting with gross negligence. This does not apply in case of claims due to liability for defects, injury to life, bodily harm or impairment of a person’s health.

8. Retention of title

8.1 The goods – called in the following goods subject to retention of title - remain our property until the purchase price has been settled in full. The retention of title also remains intact where receivables remain outstanding against the customer from ongoing business relations.

8.2 The buyer has the right to resell the goods in a regular course of business; however, he already makes assignments now for any obligations from the consumer or third parties from the resale in the amount of the final amount on the invoice. As long as the customer meets his obligations he shall be entitled to collect the claims assigned to us. In case of justified reasons, especially when the customer does not meet his obligations settled in a contract with us, we shall be entitled to withdraw the mentioned authorization and to unfold the assignment for the benefit of us. In this case, the customer has to provide the necessary documents immediately.

8.3 Reselling the goods in a regular course of business is not the case if the customer pledges or assigns the goods subject to retention of title as security or makes the retained goods subject to factoring and/or sales-back processes. The same is valid for cases in which the customer delivers the goods to another customer who has excluded in his contract assignment. In these cases, the customer will always be obliged to get our written authorization before making deals and carrying out the business.

8.4 If the goods subject to retention of title are damaged or lost or if the customer acquires certain rights against third parties because of the decrease of the value of the goods subject to retention of title, especially against insurances, these claims have also be assigned to us in order to secure our claims. In case of this kind of claims, we have to be informed immediately in written form.

8.5 If the value of the security provided to our benefit is more than 50% higher than our claim (the value shall be calculated on the basis of the residual value of the goods minus the VAT and minus previous claims of third parties), we shall be obliged to release the securities which will not be needed anymore, on demand of the customer.

8.6 In case of a check procedure, our claims will only be settled when all obligations due to this procedure are fulfilled definitely and without any reservation. In case of a bill of exchange procedure, this means when the bill has been completely honored.

9. Miscellaneous

9.1 The law of the Federal Republic of Germany shall exclusively apply. In case of transnational orders, the Uniform Law on the International Sale of Goods shall not apply.

9.2 The place of jurisdiction for all disputes arising from this contract shall be Oldenburg or the court competent for the headquarters of the customer if the customer is an organization acting as enterprise or a public sector body or and to public sector special funds.

9.3 If individual provisions of these general terms and conditions should be or become incomplete or invalid, the remaining general terms and conditions shall hereby remain valid. The inoperative term or condition or part thereof shall be replaced by a term or condition which the parties agree as close as possible in commercial content to the inoperative term or condition thereof. Upon notification of the present genral terms and conditions, previous conditions shall become invalid. By the way, the General conditions of the Supply of Products and Services of the Electrical and Electronics Industry (ZVEI conditions) shall apply.

(Updated on December 12, 2008)

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Friesland Kabel Argentina
Alejandro Ferreyra
Ventas América del Sur

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+54 11 438 40 842

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General terms and
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Friesland Kabel General terms and conditions

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General terms and conditions

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