The customer expressly waives application of its own general terms and conditions and irrevocably accepts these GTCS by a the customer's issuing of any acceptance of a contract or b the customer's receipt of any delivery of goods. Contracts, supplements and amendments made verbally, electronically or by telephone are only binding if confirmed in writing by both parties. Quotations submitted by Posalux are only valid and binding if made in writing. Unless otherwise stated, Posalux shall not be bound by its quotation unless accepted by the customer within three 3 days from the date of quotation.
All prices are quoted ex works and as net prices without value added tax, which is to be paid additionally by the customer in the amount specified by applicable law. The customer shall bear all additional carriage costs as well as carriage insurance fees. The customer's written order and Posalux's written order confirmation constitute together the Contract "Contract".
The Contract and these GTCS constitute the entire agreement between the parties with respect to the Contract's subject matter and supersede any prior agreement, understanding or correspondence with respect to the subject matter unless otherwise agreed in the Contract.
Delivery schedules are approximate and based on prevailing market conditions applicable respectively at the time of Posalux's quotation or conclusion of the Contract. Partial or advance deliveries are permitted if this would not unreasonably affect the customer. Notwithstanding the foregoing, Posalux shall contract for insurance cover against the customer's risk of loss or damage to the goods during the carriage. Delivered goods are to be examined as soon as reasonable possible.
The results of the acceptance test shall be recorded in a written acceptance report. If Posalux does not receive the acceptance report within thirty 30 days after the customer's receipt of the delivery, the goods are deemed to be accepted.
