I. General

1. Our deliveries are made exclusively on the basis of the following conditions. Purchase conditions of the buyer are hereby expressly contradicted.

2. Financial statements and agreements – as far as they change these conditions – become binding only by written confirmation.

II. Offers, first orders, orders

1. Our offers are in terms of price, quantity, delivery times and delivery options without obligation and subject to change.

2. At order acceptance we confirm this by a written Order Confirmation. Through these comes a contractual relationship.

3. In each case the offered prices come.

4. For first orders the delivery is basically only against payment in advance.

III. Quality features, packaging, execution of natural supplies

1. We comply with the packaging and designs specified in the order confirmation. Deviations to your desired productions, we ask to check immediately because they can not be re-assembled in the short term free of charge.

2. All information regarding weight, contents, dimensions are to be seen within legal tolerances.

3. The natural products distributed by us may have varieties in the shades and compositions. Corresponding reference values are stored in the specifications.

4. Upon request, we provide the customer with Certificates of Analysis and accompanying documents (MSDS) free of charge.

5. Our goods are delivered in perfect condition under the highest quality standards in outer packaging. The final cleaning and inspection of our goods before further use is to be carried out by the buyer.

IV. Complaints

1. Complaints regarding the goods delivered by us must be reported in writing without delay at the latest within a period of exclusion of 14 days after receipt.

2. In the case of significant defects or damage to the packaging which has been demonstrably inflicted by us during transport in the case of deliveries free of delivery, we will take back the goods and provide carriage paid replacement. Should any subsequent performance again be deficient, the client is entitled to reduce his choice or to withdraw from the contract.

3. Further claims, in particular claims for damages of any kind can not be asserted against us. However, this exclusion of liability does not apply if the damage has occurred through intentional or grossly negligent breach of duty on our part or by our vicarious agents or if the damage results from injury to life, limb or health.

4. In any case, we are liable to our customer, who is a company, only for the compensation of a damage foreseeable at the time of the conclusion of the contract.

V. Delivery obligations

1. Events of force majeure entitle us to postpone the delivery for the duration of the hindrance and a reasonable start-up time or to withdraw from the contract because of the unfulfilled part.

2. Force majeure shall be deemed to be strike, lock-out and other circumstances which make delivery substantially more difficult or impossible, and that is irrelevant, unless we are liable for a take-over or forfeiture.

3. The buyer can ask us for a declaration as to whether we want to withdraw or deliver within a reasonable period of time. If we do not explain ourselves, the buyer can resign.

4. If one of the Contracting Parties defaults on acceptance or delivery, the other Contracting Party may exercise its right of withdrawal only in respect of that part of the Purchase Contract which relates to partial deliveries not yet agreed and accepted, unless it proves that they in the partial fulfillment of the contract has no interest.

5. In case of non-fulfillment of the final order by the buyer, we are entitled to promote acceptance and payment or, if necessary, damages for non-performance of the contract.

6. If the buyer is in default of payment after acceptance of one or several partial deliveries, we are entitled to immediately demand acceptance and payment for goods already prepared or dispatched (advance payment), without waiting for the final acceptance date of the final order and for any remaining quantity (the not yet manufactured) to withdraw from the contract.

7. Our customer is obligated to pay on delivery of the goods, provided we have reasonable reservations about the ability to pay. This also applies if a payment term should be contractually agreed.

VI. Operating and delivery time

1. The Systema Natura is closed in the last and first week of the year due to company holidays.

2. Delivery times on working days are from Monday til Thursday between 8 a.m. and 4 p.m. and on Friday between 8 a.m. and 1p.m. or by appointment.

VII. purchase commitments

1. The buyer is obliged to accept the purchased goods without delay as soon as they are ready for takeover.

2. Delivered goods are to be accepted by the buyer, even if they have insignificant defects.

3. Partial deliveries are permitted in reasonable quantities.

4. Any partial delivery on financial statements shall be deemed to be settled.

VIII. Transportation risk

1. The goods are shipped according to delivery agreement (free house, ex works).

IX. Terms of payment

1. Our invoices are payable without deduction within the term of payment stated on the invoice.

2. Invoices must always be submitted in paper form. For security reasons, the additional or alternative transmission of electronic invoices is only possible after prior agreement to an email address activated for this purpose.

X. Vendors

1. Invoices must always be submitted in paper form. For security reasons, the additional or alternative transmission of electronic invoices is only possible after prior agreement to an email address activated for this purpose.

2. The provisions of BGB §641 and § 268 apply.

XI. Retention of title

1. All delivered goods remain our property until fulfillment of all our claims, for whatever legal reason, in particular our balance claim.

XII. Place of performance

1. Place of fulfillment and jurisdiction for all arising from the contractual relationship claims and disputes is Kiel.

XIII. limitation

1. Claims of a company directed against us expire one year after the beginning of the statutory limitation period.

As of May 2018

The translation of the terms and conditions is a service, the legally binding Terms and Conditions are the Germans!

© 2018 by Symaplant