Terms And Conditions
1 Deliveries and services of Skyline Energy (hereinafter referred to as supplier) shall be effected exclusively at the conditions of sale and delivery.
2 By accepting an offer, a confirmation of order, at the latest, however, when the order has been placed or a service has been accepted,
the ordering party acknowledges that the conditions of sale and delivery shall apply for the entire business relationship with the supplier.
The conditions of sale and delivery once agreed upon shall also apply for future conclusions of a contract.
3 Silence of the supplier to contrary provisions of the ordering party shall not be deemed to be an acceptance of these provisions;
their applicability is opposed. Each and every deviation from the conditions of sale and delivery of the supplier shall be considered
a rejection of the order. The acceptance of a delivery – even with reservations – shall be considered an acceptance of the conditions
of sale and delivery of the supplier.
4 Provisions deviating from the conditions of sale and delivery shall require a written approval.
II Placing of an order
1 All offers of the supplier shall be made without obligation.
2 Orders shall become legally binding after the written confirmation of the supplier or after execution of the order.
Collateral agreements, reservations, modifications or supplements to a contract require the written confirmation of the supplier to be valid.
3 Samples shall be considered mere guideline specimen; in case of a purchase after having obtained a sample or specimen,
the properties of the specimen shall not be considered guaranteed.
III Passing of the risk and dispatch
1 The risk shall pass over to the ordering party – even if carriage paid delivery has been agreed upon –
as soon as the delivery has been set aside for the ordering party in the warehouse of the supplier;
in case of dispatch having been agreed upon, as soon as the set-aside consignment has been dispatched or has been collected.
2 Packaging and dispatch – at the costs of the ordering party – shall be effected with common-practice care.
At the request and at the costs of the ordering party, the consignment shall be insured against breakage, transport and fire damage by the supplier.
3 If, at the request of the ordering party, the goods are not handed over or the said is in default of acceptance,
the risk shall pass over to the ordering party when the supplier arranges the warehousing.
Any costs accruing shall be borne by the ordering party. Moreover, the supplier shall be entitled to withdraw from
the contract or to claim damages for non-performance, if the ordering party does not accept the goods in due time or refuses acceptance.
IV Prices and terms of payment
1 The prices shall be applicable ex warehouse of the supplier plus the legally applicable tax, and packaging and postage,
if and when applicable.
2 If the supplier increases his prices in general by the date of delivery, he shall be entitled to increase the prices agreed
upon in the same way, even if the ordering party is a chartered merchant.
3 The claim of the supplier to payment shall become due as soon as the delivery has been rendered available to the ordering party.
4 The ordering party shall be entitled to offset such claims only, if they are uncontested or have been declared res judicata.
V Time limits, default and impossibility
1 With respect to the time limits for delivery or performance of services, the mutual written statements shall be decisive.
2 A mutually agreed time limit shall be considered observed by setting aside the goods for the ordering party.
If dispatch has been agreed, a time limit shall be considered observed when the ready-to-operate consignment has been dispatched.
The observation of an agreed time limit requires the punctual receipt of all documents to be provided by the ordering party
and the observation of the agreed terms of payment and other obligations of the ordering party.
If these pre-requisites are not met in due time,
the time limit shall be extended by a reasonable period of time.
3 If the non-observation of a time limit for deliveries can be attributed to mobilisation, war, riot, strike, lock-out,
incorrect and/or unpunctual supply of the supplier despite covering transactions or the occurrence of hindrances unforeseeable
for and beyond the responsibility of the supplier, the time limit shall be extended by a reasonable period of time.
4 The supplier shall not be liable for any performance hindrances in keeping with chapter (V), sub-chapter (3) unless by way of
exception the said are attributable to the supplier under the aspect of take-over or precaution fault.
5 Claims of the ordering party for compensation for default and claims for damages due to non-observation by default or impossibility of the performance of the supplier shall be limited to 10 per cent of the value of such share of the delivery or performance which cannot be put to appropriate use or not in due time due to the impossibility and/or default. Claims for damages which exceed the limit mentioned above shall be excluded in all cases of delay or impossibility, even after the additional time set for the supplier has run down. This shall not apply in cases of intent or gross negligence where liability is prescribed by law.
6 The objects supplied, even if they have unessential defects, shall have to be accepted by the ordering party. Partial deliveries shall be permissible.
VI Erection and installation
1 If the erection, installation or initial operation is delayed due to circumstances, for which the supplier is not responsible,
the ordering party shall have to bear the costs in a reasonable scope and after determination by the supplier for waiting time
and other journeys of the fitters or the mounting staff required.
2 If the supplier has accepted the erection or installation against separate invoicing, the ordering party shall have to pay the
rate for the working time agreed upon on placing the order – otherwise those usual with the supplier.
VII Reservation of the right to rescind the contract
The supplier shall be permitted to rescind the contract if unfavourable circumstances with respect to the financial conditions
of the ordering party get known afterwards, such as delay in payment with respect to claims of the supplier, cessation of payments
, predominantly futile debt enforcement, protest of a cheque or bill of exchange to be honoured by the ordering party, petition for
instituting composition proceedings and petition in bankruptcy. If the supplier wants to avail himself of this right to rescind, he
undertakes to inform the ordering party immediately after obtaining the knowledge of the severity of the circumstances.
VIII Guarantee and liability
1 For defects, which shall include the absence of guaranteed properties as well, the supplier shall be lia ble in keeping
with the following regulations:
a) The ordering party shall be obligated to immediately examine the deliveries. The determination of the defects shall have to be
reported to the supplier in writing within a preclusive period of one week stating the concrete objections. In case of apparent defects,
the period shall start with the handover, in case of hidden defects with their detection. After the period has run down without a complaint
having been filed, warranty claims shall be excluded. For non-merchants, the complaints' period shall apply for apparent defects only and
shall last for two weeks.
b) In case of justified notification of defects, the supplier shall be entitled to supply replacement. If the replacement is
not provided within a reasonable period of time, if it is rejected or fails for any other reason, the ordering party shall be entitled
to claim a rescission of the contract (conversion) or a reduction of the remuneration.
c) The right of the ordering party to file claims on the grounds of defects shall become statute-barred after six months
after transfer of risk, at the latest, however, after handover of the delivery or service. The warranty period for the rectification
of defects shall be three months; for replacement deliveries or replacement service the said shall be six months. The said shall last
at least to the lapse of the original warranty period for objects or services provided. The provisions mentioned above on warranty periods
shall not apply, if the law prescribed longer periods.
XII Concluding provisions
1 The contract shall remain binding even if individual points are legally ineffective. This shall not apply,
if abiding by the contract would result in an intolerable hardship for a party.
2 Indian law shall be applicable to the contractual relationship.