General Terms and Conditions

measure and weight tolerances apply correspondingly.

As a matter of principle, the shipment is carried out at the customer's risk – even when the delivery is carried out freight prepaid. Deliveries will only be insured upon the express wish of the client – and always at their cost. We can only process damage sustained during transit if the recipient of the goods identifies and confirms the damage with the carrier. Throughout the handling of a case of damage and the surrender of contractual rights common for the process, the transport risk is never passed onto us. We commit ourselves only to the processing of the claim.

In the event of a payment subsequent to the agreed date, we reserve the right to calculate added interest. If the payment is made by cheque, acceptance or trade bill, this is only considered valid following its redemption. Customers unknown to us will be initially supplied on a cash-before-delivery basis.

We shall retain title of ownership of all delivered goods until the customer has made the payment in full. In the case of a payment failure, we reserve the right to demand the immediate payment of all invoices – including those that are not yet due.

The buyer is entitled to process, blend or sell the goods that we have delivered as part of his or her normal business operations. The reservation of title remains effective, even when the goods have been processed or mixed – and in this case covers a share of the new product that has been created by the processing or mixture that has taken place.

The financial claims of the buyer resulting from the sale of our property to our purchasers (buyers) are defined as having been transferred to us - at the time of the sale and up to the sum of his or her obligation in the entire business relationship existing between us with priority over the remainder.

If a further sale takes place subsequent to processing or mixture of the goods, the withdrawal rights of the seller extend to a share of the sale price corresponding with the proportion of the goods in the new product created with regard to the purchase price agreed to in this contract.

If the value of the supplier's securities exceeds his claim (including associated costs such as interest, costs, etc.) by more than 20%, the supplier is obliged to release securities of his choice to cover that amount at the request of the buyer or a third party affected by the supplier's over-securing.

A sale outside of the normal course of business, pawning or conveyance of the goods under our reservation of title or the claims ceded to us is not permitted to the buyer. The customer is required to inform us promptly of any third-party access to the goods under our reservation of title as well as the claims ceded to us.

Charged packaging will not be taken back. Borrowed wrapping is to be sent back freight paid within a 3-month period following the invoice date in a clean, usable condition. Following transgression of this period, the borrowed packaging will be invoiced at its replacement value, to be paid immediately. If the borrowed packaging is in freight at the time of invoice, it is deemed invalid. In the case of a return after the invoice date, a reimbursement is made minus a fee for wastage in accordance with the condition of the received wrappings.

Goods delivered by us are to be examined by the buyer for defects immediately after their arrival. An acceptance certificate delivered with the goods does not discharge the customer from an inspection of the incoming goods. Complaints are to be made to us within a 14-day period following the acceptance of the goods, with the dispatch of a sample. Goods that are the object of complaint may not be sent back immediately, but must be kept with the buyer until final clarification from us.

If a complaint is justified, the buyer has a right to a choice between replacement delivery, a discount or an exchange. Further claims on the buyer’s behalf, especially claims for damages, are not permitted. Complaints due to incorrect handling, storage, processing or excessive strain on the delivery item on the behalf of the buyer or resulting from other reasons beyond our control are not recognized by us.

Every customer advisory service takes place to the best of our knowledge; application technology recommendations are based on the results of practical tests. The instructions for the processing of the materials supplied by us are non-binding and do not exempt the customer from conducting his or her own checks on our products to ascertain their suitability for their intended purpose or use. Because the use of our products takes place outside of our control, we can take no responsibility in the case of faulty processing results.

The details given by us in our technical descriptions are for the purpose of your information, but do not represent any material specifications. The only characteristics we can assure are those specified as being assured in our descriptions. The place of business and jurisdiction for all obligations for both contractual partners is Eltville/Rhine. 09/2008

EMIL OTTO e.K. Emil Otto e.K.
Chemical-Technical Equipment Plant Eltviller Landstr. 22 – 65346 Eltville / Rhine – Germany