CONDITIONS OF SALE

1.
Offers and Orders
Our offers in any form are without engagement. Orders can be cancelled with our permission.
2.
Prices
Prices which have been confirmed by us are EXW, exclusive VAT. Our minimum order value is € 125. The minimum value per article is 10 €. We reserve the right to charge the packing and prices valid on the day of delivery. Our invoice replaces an order confirmation if delivery is executed immediately.
3.
Delivery time
Non-compliance with conditions of payment, unreliable credits stated after contract or unacceptable difficulties of delivery allow Nosta to cancel the contract partially or completely. In this case the buyer is not entitled to demand reimbursement. The delivery time starts only after all details of the order are completely clear on both sides and after the issue of our written order confirmation. Partial shipment is allowed, even if costs of freight increase for buyer. Unpredictable difficulties of delivery, which are not of our intention, for example force majeure, disturbance of production, rejects, delay of material deliveries, strike etc. entitle us to prolong the delivery within sensible delays, even if these problems only first occurred during the phase of delayed shipment. Our confirmed delivery dates are to be understood as dispatch dates.
4.
Quantities and Packing
Deliveries exceeding or short of 15% of the ordered quantities are allowed as it is common usage within the branch. We choose the way of packing on our own accord.
5.
Shipment
All shipment are on the buyer's risk, even shipments which are free carrier or free house. The risks passes on to the buyer on the day when the goods are put at the disposal of buyer. We are liable for the correct dispatch by our employees only. The choice of transport remains with the supplier.
6.   Payment
Payment has to be effected within the following delays: 14 days-2%discount, 30 days-net, to be paid after receipt of goods. Amounts below 25 € are payable at once. Discount is only granted if all outstanding invoices have been paid before. Charges for sight drafts are on the account of the issuing person or company and are to paid at once, net. Delayed payments allow us to charge interest as to the common bank debit interest rates.
Default of payment or insecure financial status incur the accelerated maturity of all financial claims. It will not be possible to withhold claims or make a compensation with any claims from buyer's side.
7.   Complaint
Complaints will only be acknowledged within 30 days after receipt of goods. Defective goods will be replaced as soon as possible from our side. For goods which are produced according to a customer's drawing we can only be held liable for the execution according to the drawing. Further compensation of buyer on the ground of non-compliance, negligence or other reasons, as well as indirect damage or during a delay are explicitly excluded.
The delivered parts are not submitted to a test of cracks/fissures. Should this be necessary because of the purpose, the buyer has to mention on the order explicitly. Damages caused by cracks/fissures or similar faults of material, for example double layers within raw material, are therefore excluded from liability.
8.   Ownership
Goods delivered remain our property until all conditions have been met by the buyer. The buyer may transfer his right in the contract onto a third party only with our approval.
9.   Final clause 
The supply contract remains binding for the rest even if individual provisions are ineffective.



CONDITIONS OF PURCHASE

1.   For all our purchases the following conditions are valid
Conditions from sellers side are only valid if confirmed by us explicitly. Only written orders are valid, oral orders must be followed by a written confirmation.
2.
Our orders must be confirmed in writing within 8 days. Silence is regarded as acceptance of order to our conditions.
3.
The prices mentioned in our orders are fixed prices (view no. 2). Later price increases are not accepted. We reserve the right to cancel the order in this case.
4.
The delivery times given in our order are binding. Additional costs or damage which arise from delayed or lacking deliveries have to be compensated by the seller. In case of non-fulfillment from sellers side we are entitled either to cancel the order or demand reimbursement for non-compliance, or provide replacement from a third party according to our choice. The additional costs or higher prices thereof will have to compensated by the seller in any case.
Complaints because of defective goods will be announced within one month after receipt of goods. In this case we are entitled to choose between a faultless replacement delivery or cancel the order, or provide replacement from a third party if a agreed on later delivery date was not met. The additional costs or higher prices thereof will have to be reimbursed by the seller in any case.
5.
If not otherwise defined in the order the warranty lasts 12 month after date when the risk of loss of damage transfers to buyer.
6.

Place of delivery and fulfillment and court of jurisdiction is for both parties Dillingen a. d. Donau