General terms of conditions of Soltra VOF
(hereinafter referred to as “supplier”)

General
The following terms and conditions apply to all our deliveries and services as well as all our offers. These terms and conditions also apply to all future declarations and contracts, even if this should not be explicitly agreed again. Deviating conditions of the customer that we do not explicitly accept in writing are not binding on us and are not part of the contract, even if we should not explicitly object thereto.

1. Offer, conclusion of contract
Our offers are always non-binding and subject to change without notice as regards price, quantity, delivery dates and delivery prospects. The contract is concluded when we accept the contractual offer in the form of your order by sending you our order confirmation (pro forma invoice). Oral agreements are only valid if subsequently confirmed by us in writing.

2. Scope of deliveries and services
The final and exclusive scope of the deliveries and services to be provided is set out in the offer and the order confirmation (pro forma invoice). Insignificant changes due to advances in production techniques and technology and deviations from the samples, the products offered in brochures, the website, the price lists or the contract that are customary in the trade with regard to quantity, weight, mass, material composition, material structure, surface and colour are reserved, provided that these are inherent to the nature of the materials used and do not influence the intended use or serviceability of the products, and the constumer can be reasonably expected to accept these changes and deviations. We are not liable for the compatibility of our products with the substances that the costumer intends to store in them as far as resistance to chemical attack, statutory requirements and physical characteristics are concerned. The costumer undertakes to carry out tolerance tests with the intended contents of the containers and storage tests in order to find out whether our packaging materials (glass and accessories) are suitable for storing the intended substances.

Delivery dates are only binding if they have been specifically agreed in writing. The order is processed once the purchase price has been paid into our account; the delivery period only starts running on this date. However, the delivery period indicated by us in principle only begins when all technical questions and the execution details have been cleared up and the customer has fulfilled its obligation to cooperate. The delivery deadline is deemed to have been met if the supplier has readied the products for collection or delivery on the last day of the agreed delivery period. Partial deliveries are allowed. If a delivery deadline cannot de met due to force majeure, e.g. war, natural catastrophes, etc. or events such as operational interruptions of any kind, accidents, the late or missing delivery of the products or the required raw materials, strikes, etc., the delivery period is extended as appropriate. In such cases the customer is not entitled to cancel the order or to assert any claims for damages. All our products are sent “ex works” for the account and at the risk of the customer. No liability is accepted for breakage, damage, loss or delays in delivery during the transport, even if the transport is organized by the supplier.

3. Prices / payment terms
All prices are net prices in euro “ex works” (D-93055 Regensburg) without any deductions. Prices do not include statutory value added tax, packaging and transport costs or transport insurance, and also do not include ancillary costs not mentioned in this provision such as: German toll fees, pallet exchange fees, COD costs, island freight, notification fees, customs duty, customs document fees, etc.The purchase price without any deductions must be credited in advance to the account indicated by the supplier; if this is not done, the supplier may withdraw from the contract without any restrictions.

4. Defects, warranties and liability
The customer must check the delivery carefully within 5 days of receipt and notify all defects to the supplier in writing without delay. The products are deemed to have been accepted after the expiry of this deadline or if they have been used or resold. The supplier bust be given the opportunity to inspect the defects that were notified on site. Insignificant deviations or deviations customary in the trade regarding mass, weight, glass breakage of up to 1% of the delivered quantity, etc. are not deemed to be defects. If the defects are noticed when the products are used, e.g. when the containers are filled, their use must be discontinued immediately.

The supplier warrants that the products do not have any defects in the material for a period of one year from shipment. Damage caused by improper handling ore use contrary to instructions by the costumer (e.g. by using accessories that where not ordered from the supplier) and damage caused by external influences after the passing of risk to the customer are not covered by the warranty. We are in particular not liable for any changes to the condition of the products delivered by us caused by improper storage or unsuitable accessories and by climatic or other conditions. Any liability for other claims not explicitly mentioned in these terms and conditions are excluded. The customer does not under any circumstances have any claims to substitution for damage not suffered by the delivered products themselves, such as production loss, loss of use, loss of orders, loss of profits or other direct or consequential damage.

5. Reservation of ownership
The supplier reserves ownership of the delivered products until payment of all amounts due under the delivery contract. The customer authorizes the supplier to register the reservation of ownership at the customer's cost if the supplier deems its claim to be at risk.

6. Miscellaneous
The customer may only assign its rights vis-à-vis the supplier to third parties with the supplier's prior written consent. The costumer may also only set off claims against the supplier with the supplier's claims with the supplier's prior written consent. The place of performance is Hoogeveen (NL-7904). These terms and conditions and the respective contracts are exclusively subject to Dutch law with the exclusion of conflict of law principles. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. Exclusive place of jurisdiction is Hoogeveen/Holland. However, the supplier is also entitled to take legal action against the customer at the latter's place of domicile or before any other competent court.