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General terms of delivery and sales
General terms of delivery and sales of
YARA Industrial GmbH, Bad Hönningen
- valid from 01.04.2006 -
SOP 13.01.01.006
1. Validity agreement
The following terms of delivery and sales are the basis of all offers or conclusions of sales; they also apply with constant business relations to all future business and are recognised by the placing of order or acceptance of the delivery. Any deviating conditions of the buyer, which we do not recognise expressly in writing, are invalid for us even without specific objection.
2. Offers and contract conclusions
(1) Our offers are subject to change.
(2) Declarations of acceptance and orders require, in order to be legally effective, our written order confirmation, order execution or invoice. The same applies to additions, alterations and special agreements.
(3) Samples, testings, analysis data and other information are non-binding outline data.
(4) Advertising messages are non-binding data. They are not appropriate for expanding the quality of the supplied commodity by the advertised characteristics. No responsibility is taken for this.
(5) Our advisory services are provided to the best of our knowledge. Information in this advice concerning suitability and performance do not exempt the buyer from personal tests and attempts.
3. Delivery time, delivery, force majeure
(1) Our delivery time information is only approximate. In the case of later order alterations determining the delivery time, the time for delivery extends accordingly.
(2) Agreed delivery dates relate to the shipping date of the commodity from the place of delivery. Part deliveries are permissible.
(3) The time for delivery does not begin before all technical and commercial details are clarified and any necessary authorisations are submitted.
(4) If fulfilment is obstructed through unexpected circumstances arising - whether or not they occur with us or our supplier - we are then entitled to postpone the delivery by the duration of the obstruction or to withdraw totally or partly regarding the not yet fulfilled part.
(5) This also applies in cases where delivery is impossible, in case of force majeure, strike, lockout or due to official or national measures, as well as other circumstances that are beyond our control.
(6) We will inform the buyer of any circumstances compromising delivery time as soon as we become aware of them. The buyer can demand a declaration from us as to whether we are withdrawing or will deliver in an appropriate time period. If we do not declare, or if no deliver is made by the expiration of a grace period, the buyer can withdraw.
(7) If the buyer suffers any damage because of a delay for which we are to blame, then we will indemnify the damage proven to have been suffered, but only at a value of 0,5% per week of the price attributed to the part of the delivery affected by the delay. This does not apply, if liability is compellingly assumed for cases of intent or gross negligence or because of life, bodily or health injury. Any change to the burden of proof to the buyer’s disadvantage is not connected with this.
(8) Covering purchases are excluded in all cases.
4. Prices
(1) Our prices are given, unless expressly agreed otherwise, as ex works or ex-store. All price information excludes value added tax. Prices given as freight-paid are subject to the condition of unobstructed traffic.
(2) The respective valid prices on the day of delivery are authoritative, unless fixed prices are not agreed upon in the contract. If substantial price factors like customs duties, official duties and taxes, freights and tariffs change up to the day of delivery, then a price adjustment will be made according to these factors.
5. Passing of risk
The danger risk is transferred to the buyer at the latest, when the goods are loaded into the means of transport. Deliveries, including freight-paid deliveries, are made at the buyer’s peril. Only on the request of the latter will the goods be insured at the buyer’s expense.
6. Dispatch, acceptance
(1) When collecting from the point of delivery, the loading of the vehicle and the observation of dangerous goods regulations is the buyer’s responsibility or that of the person he has entrusted.
(2) With CIF purchases the buyer has to ensure adherence to the delivery times. Demurrage and stall money (even due to ice) as well extra expenses due to low water and flooding are at the buyer’s expense.
(3) In the case of delivery in tank trucks, swap-bodies or rail tank cars the buyer has to ensure a smooth connection of the feed lines to his taking-in system.
The obligation of the carrier is limited to the operation of the equipment specific to the vehicle.
(4) If goods are not taken this is done on the buyer’s account and peril and will be charged to him as having been delivered. In all cases, any stall money, demurrage and storage charges caused by the buyer not following his acceptance/transfer obligations in time, will be at the expense of the buyer.
7. Delivery quantity and delivery quality
(1) The calculation basis is the weights or quantities determined at the shipping place, with ship loading it is the effective bill of lading weight established through calibration or via a weighing machine. Any weight determinations deviating from this require our prior agreement.
(2) Our sales specifications are authoritative for the product’s condition. Information on condition and other quality references are only warranties if they are agreed upon and called such.
8. Rights regarding defects, duty of inspection,
notification, and rejection
(1) The buyer has to examine the goods upon their receipt and has to inform of any defects immediately in writing – but this must be no later than 3 working-days after receipt of the goods, or must be done immediately after recognising hidden defects.
(2) If the buyer neglects this notice or if the goods are used, mixed or sold, then this is considered as unreserved acknowledgment.
(3) The rejected good has to be kept ready, in the same condition as it was at the time of the discovery of the fault, for an inspection and if necessary for the consultation of a sworn in specialist (preservation of evidence). The unsuccessful contractual party bears any costs.
(4) A claim for defects is excluded if the buyer has failed to protect recourse rights against thirds.
(5) If a justified and punctual notification of material defects is made, we are entitled to offer the buyer a reduction of the purchase price first of all. If the buyer rejects this, we are entitled at our own choice either to provide a replacement for the quantity that the complaint concerns or refund the purchase price. If we are not ready to provide a replacement or are unable, especially if this results in a delay extending beyond an appropriate period for reasons over which we have control, or if the replacement delivery goes wrong in other way, then the buyer is entitled to withdraw from the contract.
(6) Further claims (e.g. assertion of consequential damages) are excluded, unless the cause of the damage is based on intent or rough negligence or the damage involves any life, bodily or health injury. The exclusion of liability does not apply when the buyer assets claims for damages because a warranty has been breached.
(7) The limitation period for claims for defects is one year, starting from the passing of the risk.
9. Terms of payment
(1) Our invoices are payable in cash without deduction after receipt, unless stated otherwise the in order confirmation, invoice or any other written agreement.
(2) If circumstances are discovered, which make the solvency of the buyer appear doubtful, open claims for payment can be made due immediately and our property rights for goods still at hand can be protected. For current contracts we can demand advance payment or withdraw from the contract.
(3) Counterclaims only entitle the buyer to a set-off if they are undisputed and valid.
(4) Our employees are not entitled to the receipt of payments without written authority.
(5) With a delay in payment, which may not necessarily be preceded by a reminder, we charge legal default interest for the time of exceeding the allowed period for payment and reserve the right to assert further damage caused by delay. We are equally entitled to make any further deliveries dependant on the prior settlement of the due receivables.
10. Retention of title
(1) The commodity supplied by us remains our property up until the complete payment of all receivables from the business relationship.
(2) The buyer is entitled to sell on the goods subject to reservation of title in normal business dealings; he is however not permitted to carry out a pledge, transfer by way of security or assignment of the goods,
(3) The commodity subject to reservation of title is to be kept by the buyer free of charge. It is to be stored separately from other goods and marked on demand in such a way that it is recognisable to thirds.
(4) If the commodity supplied by us is mixed or joined with other articles and if our property of the commodity subject to reservation of title expires thereby, then the orderer transfers his co-ownership to us in the proportion of the invoice value of this commodity to the total value of the new item and keeps these goods free of charge for us. The items resulting from the processing or joining or mixing are considered as commodities subject to reservation of title in terms of 10 (1).
(5) The buyer assigns his claims from the selling on of the commodity subject to reservation of title to us starting from now. We accept this assignation.
(6) Regardless of the assignation and our collection right the buyer is entitled to collect as long as he complies with his obligations to us. In the case of delay or inability to pay the buyer is obligated to inform his debtors of the assignation and to give us the necessary information and documents for the asserting of our rights.
(7) The buyer has to inform us immediately about enforcement measures of thirds in commodities subject to reservation of title or assigned debts (10.4) while handing us the documents.
(8) If the buyer receives bills of exchange or checks from the resale of the commodity subject to reservation of title, he assigns to us the claims based on bills of exchange/checks whilst at the same time transferring the property of the bill of exchange or check document while keeping the document for us.
(9) Retention of title is asserted only for the portion of goods from our deliveries, the invoice value of which covers the amount of the still open receivables including claims based on bills of exchange and return costs. If our entire collateral exceeds the debts to be secured by more than 10%, then we commit ourselves to return any collateral above this value upon the buyer’s demand. The choice of the collateral to be released is ours.
(10) We are entitled to inspect our proprietary commodity at the place of the buyer or the person whom he has authorised at any time within the usual times. The buyer is obligated to provide immediate access for us to the goods on demand.
(11) If the buyer does not comply with his payment obligations, then he is obligated to restitute the commodity subject to reservation of title. The return costs are to be borne by the buyer.
(12) The asserting of the retention of title does not mean withdrawal from the contract at the same time.
11. Partial nullity
If individual clauses of these General Terms should be or become ineffective, then the effectiveness in all other respects is not affected. An effective condition has to enter in place of an ineffective condition, and has to be such that it comes as close as possible to the wishes of the parties in terms of the legal regulations.
12. Place of fulfilment, place of jurisdiction, applicable law
(1) Place of fulfilment for deliveries is the respective delivery point, for payments it is Dülmen.
(2) If the buyer is a dealer in the sense of the German Commercial Code, then place of jurisdiction for legal disputes arising from these General terms is our company’s place of business.
(3) The governing law for legal relations of domestic parties of the Federal Republic of Germany applies for all legal relations between us and the buyer. The validity of the United Nations Convention on Contracts for the International Sale of Goods (CISG) from 11.04.1980 is excluded.
(4) Moreover the INCOTERMS of the international Chamber of Commerce apply in foreign trade business in the respective valid version.
Handling and transport of dry ice
1.0 Introduction
Dry ice is carbon dioxide (CO2) or carbonic acid in solid form. Dry ice sublimates, i.e. changes from solid to gas form. Dry ice is not a ADR-classified hazardous material.
1.1 Danger potential of dry ice
1.1.1 Danger of suffocation: 1 kg dry ice results in approx. 0.5 cubic meters of gaseous carbon dioxide. The gas is one and a half times heavier than air and is always concentrated to the ground.
1.1.2 Skin frostbite: always wear insulating protective gloves when handling dry ice. Do not touch dry ice with bare hands / Only handle dry ice with protective gloves
1.1.3 Do not play with dry ice! Do not put dry ice into the mouth! Dry ice is not ice-cream. It may not be sucked or added directly to beverages for cooling! Dry ice is not a toy / Keep dry ice away from children
1.1.4 Do not store dry ice in gastight containers . Dry ice changes into gaseous state and the pressure that develops may cause the container to burst. Do not store dry ice in gastight containers / Only store dry ice in special dry ice containers
2.0 Transport/securing advice
2.1 Securing
2.1.1 Do not pack goods together that may react dangerously with one another.
2.1.2 The dry ice is to be secured in such a way that its position cannot change during transport. This means it has to be secured with strapping equipment, nets etc. The driver of the respective vehicle is responsible for the transport and security of the dry ice .
2.1.3 The dry ice should not be transported in the passenger compartment. If transporting the dry ice should be only possible in the passenger compartment, the stowage must be carried out as far away as possible from the driver. Do not transport dry ice in the driver cab or passenger compartment / Only transport dry ice in gastight seperate storage space or boot
2.1.4 During dry ice transport a sufficient ventilation of the vehicle must be ensured, regardless of whether the product is within the passenger compartment or in the boot. During longer journeys it it is STRONGLY recommended to drive with the window open.
Do not store the dry ice in a cellar or poorly ventilated spaces / Only store dry ice in spaces with sufficient floor ventilation
