Adam Folk GmbH

Breitlenstrasse 12

DE-89601 Schelklingen Germany

Phone: +49 (0)7394 3021

Fax: +49 (0)7394 3023



Managing Director: Adam Peter Folk

Commercial register: Amtsgericht Ulm HRB 490346

Turnover tax id-no.: DE 145 219 740

Tax-no.: 58001/19961 Finanzamt Ehingen

Responsible to the contents: Michael Folk


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Terms and conditions of sale

1. General
Unless agreed otherwise, the buyer, when placing an order without reservation our terms and conditions of sale, even though they may deviate from his own standard purchase conditions.

2. Quotations
All our quotations are made without engagement. Prices are binding only after we have confirmed a transaction in writing.

3. Prices
The prices quoted by us are for delivery ex works unpacked.

4. Delivery time
The delivery time which we indicate is an approximation. It starts as soon as all details of the execution of the order are clear and the buyer has fulfilled his obligations. The date on which the goods on order are ready for despatch, is the date of delivery. We determine the delivery time taking into consideration normal delivery of the required materials by our suppliers. If this consideration appears incorrect, an alternative delivery time will be mutually agreed upon. We shall not be liable in any way for any delay or failure to supply, if such delay or failure shall be due to force majeure beyond the control of our company or that of our suppliers.
Exceeding the delivery time due to whatever cause, does not give the buyer the right to claim damages.

5. Risks and transfer of ownership
From the time that the goods or parts thereof leave or works, the risk of damage to the goods is for the buyer, irrespective by whom such damage is caused. Without prejudice to what has been stated in the aforegoing sentence, the goods delivered are only transferred to the ownership of the buyer, after full and final settlement of his account with us.

6. Payments
By irrevocable and confirmed L/C, other terms to be agreed.

7. Liability
Subject to the rules of public order and good faith, the following provisions shall apply in respect of our liability:
a)Our liability under the contract shall be expressly limited to the fulfilment of the guarantee obligations as set forth in Article 9 hereof; any claim for damages other than in respect of non-fulfilment of the guarantee obligations shall be excluded.
b)Any claim in respect of operations loss or other indirect loss shall be excluded.
c)We shall not be held liable for costs, damages and interest that may be incurred as a direct or indirect consequence of:
-infringement of patents, licences or other rights of third parties as a result of the use of data supplied by or on behalf of the purchaser;
-acts of negligence of our part, our sub-ordinates or any other persons employed by us or on our behalf;
-delay in the delivery time.
d)Loading, unloading and transportation of the goods covered by the contract, shall be at the purchaser's risk.

8. Drawings and documentation
Any data mentioned in catalogues, illustrations, drawings, statements of weight and measures, etc. shall not be binding, unless explicitly inserted in a confirmation of order signed by us. Same drawings and documentations remain our property, copyrights are reserved.

9. Complaints
Complaints must be filed immediately, but not later than 1 week after delivery, otherwise the goods will be deemed to have been duly accepted. It commences with acceptance of the goods. Our guarantee obligation is limited to repair of the defective object free of charge. Further-reaching claims such as recission and reduction are excluded. This also applies to claims for damages of any type, with the exeption of claims where damage is caused wilfully or as the result of gross negligence.
We are entitled to carry out two repair attempts for the same defect. If the repair is unsuccessful, the buyer is entitled to demand either reduction of payment or annulment of the contract as he chooses. Liability for defects does not apply to natural wear and tear, nor to damage caused after the passing of risk as a result of incorrect or negligent handling, excessive strain, unsuitable operating materials, and outside influences not provided for in the contract.

10. Cancellation of orders
Orders can only be cancelled with our consent and against an agreed arrangement of compensation for resulting damages we suffer.

11. Disputes
When placing an order, buyer agrees that all disputes arising thereof, shall be settled with the rules of the German Federal Republic before a competent Ulm court of law.

12. Governing law
A delivery contract with the buyer resident outside the Federal Republic of Germany will be judged according to German law. Should one or more of the above stipulations be or become ineffective, this does not impair the effectiveness of remaining stipulations. The ineffective stipulation must be replaced by an effective one, which as nearly as possible fulfills the economic purpose intend by the original stipulation.




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