Nord-Schrott International GmbH
§ 1 Binding Conditions
(1) For all deliveries to the firm NSI, Scrap and Metal Wholesaler and those firms with participation in NSI, the following conditions apply. Contrary conditions are only binding on us, in so far as they are confirmed by us in writing. The unconditional acceptance of goods, services or the acceptance of payment does not mean our acknowledgement of contrary consitions.
§ 2 Offers and Contract
(1) Our offers are subject of alteration. A contract only becomes valid through our written confirmation of purchase and or order. Changes and additions or the cancellation of a contract or of these conditions are only valid with our written confirmation. Explanations and notifications of the supplier after closing of contracts take effect if in writing.
§ 3 Complaint and Suspension
(1) The seller waves the objection to delayed complaints concerning faults.
(2) The seller of unalloyed iron and metal scraps must acknowledge suspension against him. Notice of suspension is generally given first by telephone and confirmed in writing or by fax. Shipments on the basis of telephone notification, in as much as this took place before 12 noon, must cease by the beginning of the next working day at the latest; if the notification take place after 12 noon, the shipment must cease by the end of the next working day at the latest. The acceptance of containers that are cleared later can already be refused by the purchaser at the railroad station of destination. Costs thus incurred are borne by the seller. Notice of consignments already under way on board ship or consignments being loaded is to be given by telephone to the purchaser immediately following suspension. The purchaser and seller reach an agreement to this effect. The day of submission or the ship has to be proved to the purchaser.
§ 4 Warrenties
(1) All parts that are unusable or faulty due to material, production or construction errors are to be replaced immediately and if necessary with additional costs incurred borne by the seller. In urgent cases, or if the supplier fails to meet his obligations on time, we are entitled to obtain replacements at his expense and eliminate damage incurred.
(2) It is conditional that when delivering old materials (iron scrap, non-iron-metal, metal etc.) that the consignment has been examined for explosive suspected hollow parts. The seller is fully liable for any damage incurred by the delivery of such materials. Every scrap must be free of materials that may impair smelting. All types must be free of inflammable and radioactive materials; foreign and solid materials and or additives such as copper, tin, lead, chrome, nickel, moldan or foreign bodies and may not show signs of too much rust or corrosion.There may be no blending of various types.
(3) When delivering scrap, we or our agent will only execute payment if the seller has supplied us with a signed and valid "Free of explosives" certificate or the invoice of the seller bears the following notice with a legally binding signature:"I/we have examined the scrap and confirm to the best of my/our knowledge and belief that the aforementioned contains neither explosive materials nor uncut hollow parts."
(4) The suppliers have to undertake the measures and controls necessary to prevent the delivery of radioactive, environmentally hazardous or otherwise above the allowed limit contaminated material. If there is radioactivity which is not acceptable to national and local authorities, the sender of the same is required to take it back. We retain our own right of regress. The seller is to free the purchaser from all costs stemming from any regress claims made by third parties.
§ 5 Dispatch
(1) All shipping documents (e.g. bills of lading, freight documents, delivery certificates, letters of credit, etc.) must include the exact description, adress of main supplier, contract-no., weight of load and the exact delivery point. If no scrap type is listed in the freight documents, our scrap rating is valid without a subsequent complaint claim.
§ 6 Weight and Quantity
(1) The weight at delivery and determination are the basis of calculation.
§ 7 Exclusion of Conseignment
(1) Without our express written consent, rights and duties stemming from delivery contracts entered into with us, especially counterclaims of the supplier based on this contract cannot, either in part or completely, be consigned to a third party.
§ 8 Date of Delivery and Withdrawal from Contract
(1) Dates of delivery negotiated with us must be complied with, if the seller is not able to do so, he must notify us immediately. In cases of acts of God, we are entitled to nullify the contract in part or completely or to demand execution at a later date, without the seller being justified in making any claims against us.
§ 9 Performance
(1) Place of performance for delivery is the agreed delivery location. Risk is transfered on arrival at the agreed delivery site.
(2) Place of performance for payment is Flensburg. When delivering unalloyed iron or steel scrap, payment has to be made by the 20th of the month following delivery. Earlier payments require a seperate, written agreement.
(3) Further, we are entitled to list with all claims that accure to us from the above terms, damages, releases, warranties, etc., which may arise. The seller specifically waives at this time any objections to such a declaration of claims.
(1) The law of the Federal Republic of Germany applies. The application of the Hauge uniform Sale Agreement is excluded. In case of continued division of jurisdictions, the territory of the former Federal Republic of Germany is applicable.
(2) Place of performance for both parties is Flensburg.
§ 11 Final Terms
(1) Different delivery terms are only valid in so far as they are in agreement with our above terms. In case of dispute, our terms in regard to text and interpretation are valid.
(2) Non-confirmation of the above terms indicates acceptance.
(3) The waiver of one of the above mentioned provisions does not affect any other provisions here in. Invalid provisions must be replaced by such, that come closest to meeting the economic provision purpose.