General terms and conditions

The terms and conditions are binding for all legal transactions between P.E.R. Flucht- und Rettungsleitsysteme GmbH (hereinafter referred to as P.E.R.) and the customer. Any agreements to the contrary must be documented in writing in order to take effect. The customer's terms and conditions do not apply.

(1) A customer's order is considered accepted if, within 10 days of receipt, it is not rejected by P.E.R. or accepted under other terms and conditions in writing.

(2) Products are shipped ex-works, exclusive of packaging, at the risk of the customer to the address specified in the order. If the order does not contain a shipping address, P.E.R. will ship the goods to the customer's headquarters.

(3) P.E.R. is entitled to request payment in full or a down payment towards the purchase price prior to shipment. No interest will be paid on these amounts. Instead of a down payment, P.E.R. can request that a security be provided for the shipment.

(4) As the manufacturer of the products delivered, P.E.R. undertakes to dispose of the goods brought to market for users other than private households, in the proper manner after cessation of use. In this context, the term 'Goods' refers only to those products specified in Appendix I, Paragraph 5 ("Lighting Equipment") of the Electrical and Electronic Equipment Act (ElektroG) dated 23 March 2005. P.E.R. shall provide reasonable means for the goods to be returned. The last owner is responsible for transporting the goods to the drop-off point. The option to return the goods is cited on the P.E.R. website (www.per-gmbh.eu).

(1) Delivery dates specified in the order from the customer are binding only if they are confirmed by P.E.R. in writing.

(2) If P.E.R. does not deliver by the agreed delivery date and, if a delivery date has not been agreed, P.E.R. does not deliver within four weeks after receipt of order, the customer is entitled to notify P.E.R. in writing that it has set a final deadline of four additional weeks. If P.E.R. still does not deliver, the customer is entitled to cancel the order. All other claims are excluded.

(1) The prices listed in the current price list apply, plus the applicable value-added tax if nothing to the contrary has been agreed.

(2) P.E.R. guarantees the prices for three months from the date that the proposal has been prepared. After this date, P.E.R. is entitled to increase the prices.

(1) Payment is due either in cash, via bank transfer or by cheque within 30 days. Payment by cheque is not considered to have been made until the cheque has cleared and the funds have been credited to the account of P.E.R. Payments made to employees of P.E.R. will release the customer from the obligation to pay only if these individuals present an authorisation to collect payment.

(2) If the customer pays within 10 days of the date of invoice, P.E.R. will apply a 2% discount.

(3) If the customer is late with payment, he is liable for interest at the rate of 8 percentage points over the base interest rate. Raising a claim for additional damages is not affected by the above. In the event of late payment, all of the customer's payment obligations from other orders become due and payable.

(4) The customer is not entitled to withhold payments or to deduct his own charges, regardless of whether unchallenged or legally acknowledged.

(1) P.E.R. retains title to all delivered goods until payment in full has been made for all outstanding bills resulting from the business relationship with P.E.R., including any conditional charges or future charges against the customer.

(2) Exercising retention of title, in particular by reclaiming the goods in the event of late payment or contesting claims of retention of title by P.E.R., is not considered cancellation of the order.

(3) The customer must notify P.E.R. of attachment or any other encumbrance of P.E.R.'s ownership by third parties without delay and support P.E.R. in its attempt to exercise its ownership rights at the customer's own costs, especially notifying the third party of P.E.R.'s retention of title and presenting the corresponding proof to the third-party.

(4) Transfer of the goods by way of security is prohibited.

(5) It is the responsibility of the customer to insure the goods, especially against fire, water damage and theft. The customer agrees to assign to P.E.R. any claims against the insurer amounting to the full value of the goods.

(6) The customer is entitled to sell the goods in the course of normal business. The customer agrees to assign his receivables from the purchaser to P.E.R., as long as and to the extent that P.E.R. retains title to these goods. The customer is, however, entitled to collect the receivables. However, P.E.R. is entitled to notify the purchaser of the assignment, if the customer is late with payment.

(7) If the P.E.R. product are altered or processed, retention of title extends to the processed product.

(1) The customer must immediately inspect the products upon receipt for visible faults and must report any damage in writing within eight days. In the event of faults that are not apparent, damage must be reported immediately, or at the latest within eight days of discovering the fault.

(2) Once the damage has been reported, the customer must return the goods to P.E.R. accompanied by a delivery note at its own cost. P.E.R. is entitled, at its discretion, to rectify the fault or to provide goods free of faults (supplementary performance). If supplementary performance is refused, the customer is entitled to cancel the contract. In this case, P.E.R. is obliged to immediately reimburse the customer for any payments made. The same applies if supplementary performance does not take place within thirty days.

(3) Claims for damages against P.E.R. are only justified, irrespective of any legal principle which may apply, if P.E.R. is guilty of damage by intent or gross negligence. This shall not apply in the event of culpable breaches of duty resulting in death or injury to body or health. In the event that duties essential to the fulfilment of the contract (cardinal obligation) are breached due to slight negligence, liability is limited to the extent of foreseeable damage that is typical in these contractual contexts. A claim for compensation for losses caused by faults is only justified, if and insofar as the quality of the delivered goods legally guaranteed by P.E.R. is lacking or where the guarantee had the exact purpose of indemnifying the customer against such losses.

Drafts, drawings, samples and other documents remain the property of P.E.R. Unless otherwise agreed, the customer is also not entitled to use these items for its own purposes or the purposes of third parties. The customer is not entitled to forward these items to third parties without prior approval. If products are manufactured according to customer drafts, drawings and samples, the customer shall indemnify P.E.R. from all third party claims.

For both parties, the place of jurisdiction and performance for all claims is Hamburg, Germany provided the customer is a businessman in accordance with the German Commercial Code (Handelsgesetzbuch). P.E.R. is nevertheless hereby entitled to assert claims against the customer at its registered office. German law shall apply exclusively.