Terms and Conditions of Business

1. Our offers are subject to alterations without notice as regards price, amount, material, term delivery and delivery. In the absence of any individual written agreement orders are accepted on the basis of the following terms. Charges for package, mounting, technical drawings and also freight costs are not subject to discount conditions.Upon entry of confirmation please control immediately for accuracy of statements. All incoming orders will be forwarded to production & shipping departments immediately. Orders about system 06 sliding doors and 08 door frames will be confirmed with a written order confirmation. Confirmations and technical drawings have to be signed and reconfirmed respectively the order would be considered automatically as approved after 2 workings days. Subsequent changes will be possible after consultation and will be charged with a fee about € 80. This may extend the delivery time. Additional orders will be treated as new orders. Shipment may be made C.O.D., in which case we charge a fee of € 7,00. In case of individual provisions of these Terms and Conditions of Business turn out to be invalid, the rest of the provision shall remain effective. By subsequent alterations of delivery address, we reserve the right to raise administrative charges about € 6,00.

2. All prices are quoted ex factory Munich. All prices in the list are exclusive VAT. We charge the prices valid on the day of delivery.

3. Objections may not be raised on the trade as regards outturn, weight, colour and measure, especially by subsequent or replacement deliveries. Non-Standard-Surfaces are generally excluded of liability for defects. All specifications in images, brochures, catalogues and advertisements do not display the nature of the product aside from the product description. Discrepancies in structure and minor changes in dimension, color as well as printing errors are subject to change without notice.

4. Delivery dates (ex works) agreed upon shall be met as far as possible. Part-deliveries and corresponding invoicing shall be allowable. Unforeseen incidents outside our sphere of influence result in extension of the period of delivery. This applies in particular way for incidents like absence of production material, strikes, lock-out, business interruption, accidents and similar facts also concerning our subcontractors. Unforeseen incidents outside our sphere of influence result in an extension of the period of delivery. This does not affect our right of cancellation in case of obstacles caused bay act of God. In case of delay of delivery the customer shall be entitled to cancel the order after expiration of an extension of 30 days fixed by letter. In case of cancellation of the order the customer shall not be entitled to claim damages.

5. The packing and transport take place by our best estimate and care. Shipment is at the risk of the consignee and, in the absence of particular demands of the customer, on the route that seems most suitable to us, independent of who bears the costs of freight, if nothing else will be agreed with the customer. Differing delivery adresses to the purchasers delivery or business address only could be loaded to ground floor / behind the first lockable door. For differing delivery addresses additional costs can be charged.

6. Deficiency claims by the customer imply that the has met his obligations regarding liability of inspection and reprimandation according to §377 HGB. Defects by transport are refunded only upon receipt of acknowledgement of the respective carrier according to § 438 ff HGB. Complaints have to be communicated in written form. With complaints of kind, condition and quantity of delivered goods we only liable, when the customer controlled the delivery for faultlessness and completeness and advise us failings with detailed description directly and in written form. If the customer failed the checkup and complaint in time, the delivery will be considered as allowed, unless the failing was not apparent by checkup. Later detected failings have also be advised immediately, otherwise the goods also will be considered as allowed. Consequential charges which can result from complaints or incomplete deliveries won’t be accepted. Justified complaints will either be amended or replaced at our will. Compensation of any costs resulting of reclamations will be refused. In case of justified deficiency claims compensation is made only up to the amount of the goods claimed to be defective, if need be by compensation delivery free of charges. We shall not undertake liability for consequential damages. Return or exchange deliveries must be available for transport in properly and adequate package. Fittings have to be packed in original-package. A goods cancelling can take place in individual cases, on fair trading and requires our express agreement. Additional costs for handling and storage fee can be raised. Redelivery shall be accepted only with our prior consent. Redelivered goods must be packed properly.

7. Payment shall be made within 30 days without discount or within 10 days less 2% discount. In case of delayed payments reminder charges incurred amounting to € 10,00 and default interest by 8%. Any charging of denied and not validly demands of the Customer is not allowed. A charging by the customer of possible counterclaims which have been contested by us and are not legally binding is not allowed. This also imperative for commercial traffic regarding the retention of payment.

8. Goods supplied shall remain our property until full payment of all depts. of the customer out of current business relations. The retention of title remains valid even in case of acknowledgement of balance after settlement of accounts. Only full credit of cheques or bills of exchange is accepted as payment. If the customer sells the goods received under our retention of title, he shall extend to such purchaser our reservation of title. The customer shall promptly notify us of any attachments made by third parties of the goods delivered under our reservation of title. Goods delivered under our reservation of title shall not be pledged, mortgaged or otherwise encumbered, except b with our prior consent. If the customer stops his payments before having paid the delivered goods exemption of the goods or assignment of the right to return service may be claimed by us according to § 46 KO. Only the salable part of reclaimed goods is placed to the credit of the customer’s account. This shall be valid also if justified doubts as to the customer’s willingness of payment arise after delivery.

9. Copyright and privacy Illustrations and pictorial material from folders, other advertising documents or designs and drawings of Deubl Alpha GmbH are in copyright matters protected. An ignoring can be criminally pursued. Without written agreement of Deubl Alpha no illustrations, designs, drawings etc. of the orderer may be multiplied neither nor be used in other way for own purposes. In all other respects both Contracting Parties agree upon absolute silence over all professional secrets

10. Place of delivery shall be Munich and the Munich courts shall have venue. We shall also have the right to institute proceedings at the courts of the customer’s place of business.

Subject to change without notice.