Terms of Trade
1. The following conditions form the base for all further
quotations, sales and deliveries and remain an integral part
of the contract, although not specifically mentioned. Differing
terms on the part of purchasers are not valid, nor do they
obligate us to accept any claims. Amendments of the following
terms are subject to a written confirmation. Even verbal agreements
have to be confirmed in writing. Invalid or inoperative single
terms do not affect validity of the remaining terms.
2. Our prices are to be understood as net, without tax, ex
works and without packing, if not otherwise agreed. All quotations
are without engagement. All increases in local taxes and fees,
as well as price increases in raw-materials, wages and saleries
and components will be billed to the account of the customer
- even after conclusion of contract.
In case of obvious reasons for increasing prices, allfa would
be allowed to cut possibly granted discounts instead of increasing
3. If not otherwise agreed all invoices have to be paid net
upon receipt. Should payment by irrevocable L/C be agreed
, please consider the following: Due to high bank charges,
we can only accept L/C´s exceeding DEM 5.000,- or EUR
2.560. An irrevocable letter of credit must be made out in
our name, in Deutschmarks or Euro only, payable at sight through
one of our banks. All foreign bank charges are for the customer`s
account. L/C should be valid at least 6 weeks, if not otherwise
Cheque payments are subject to their receipt. All foreign
bank charges are for the customers account.
Should a payment remain unpaid despite a reminder, or if
information about the customer´s financial status creates
doubt about outstanding payments, all outstanding invoices
are to be settled immediately, regardless of prior agreement.
In such a case allfa may stop all outstanding deliveries without
notice. This does not alter our lien in the goods and our
right to have them returned to us.
In case of delayed settlement allfa is entitled to charge
interest of at least 3 % over the current discount rate of
the Federal Bank in Germany
4. Delivery will always be effected in the easiest and quickest
way, decided by allfa. Partial shipments are allowed if not
otherwise excluded. Insurance has to be covered by the customer.
5. Delivery times are to be seen as approximate. Recourse
is excluded in case of transport problems, faulty or missing
packing, break-downs in production and components or similar
problems, as well as force majeure.
Should a subsupplier pull out from his contract, allfa would
be allowed to pull out as well without notice. Over- and undershipments
of about 10 % in quantity and value are permitted
6. Should the customer refuse to accept delivery, allfa would
be entitled to claim for acceptance, to store the goods at
the customer´s expense or to withdraw from the contrac
claiming a 25 % unproved compensation.
Additionally allfa would be entitled to charge interests
of at least 3 % over the current discount rate at the Federal
Bank in Germany
7. allfa guarantees the contractual quality of goods delivered.
Guarantee is limited either to replacement of the returned
goods or by an additional discount, however allfa decides.
Return of faulty goods must be accepted in advance by allfa.
The customer may withdraw from the contract if the replaced
goods are also faulty or do not meet agreed quality standards.
Claims concerning quantity or quality can only be accepted
within 8 days of receipt.
8. Our liability for visible faults expires within one week
of receipt of the goods. The basis for every claim is that
the customer returns the goods free of charge to our warehouse.
allfa will credit freight charges if the claims can be accepted.
Liability ends within one month after the complaint was rejected.
9. Delivered goods belong to allfa until outstanding invoices
have been settled.
10. Place of contract and liability will be our main office
address, Gelsenkirchen, Germany, either for a dispute on payment
Furthermore, allfa retains the right to sue either under
German law or internationally. Payment must be made in either
Deutschmarks or Euro.