ErnsbergerStr. 5a – 81241 München
Tel: 0049 89 58008120, Fax: 0049 89 58008122

Register court: Amtsgericht München
Register number: HRB 137206

VAT-Identification number according to § 27 a VAT law: DE 216205347

Liability for external links: We do - non-withstanding careful checking of the content of external links - not take any responsibility for those. For the content of external links to other websites only the operator of these websites are liable.

GENERAL TERMS

1. For all legal transactions with probior GmbH terms hereafter apply the German law unless specified otherwise in these terms. Other arrangements, notably terms of business of our contracting parties are not valid if inconsistent with our terms hereafter.

2. Offers are always subject to confirmation. Placed orders only become effective when confirmed in writing. Exclusively our written confirmation of the order is authoritative for the contents of the legal transactions concluded with us, notably for the orders placed with us. Oral supplements, additional agreements or conditions are valid only if confirmed in writing.

3. Technical advice of use is rendered to the best of our knowledge and on the basis of our experience. All statements and information about the suitability and the use of our goods are without any commitment and do not release the customer from inspecting and testing the goods. It is the responsibility of the customer to comply with legal provisions and government regulations to use our goods.

4. Dates of delivery are only binding if a fixed day is specified in writing by the probior GmbH. The delivery period fixed in our confirmations of the order shall run from the day the order is confirmed, however not before the customer´s production of the documents, licenses and releases necessary for the execution of the order and not before the receipt of a deposit possibly agreed upon.

5. In case of failure of keeping a date of delivery or in case of another delay of performance the contracting party is obliged to grant us an additional period of at least six weeks before the consequences due to delay in performance can be claimed.

6. In case of the shipment of the goods we have met the delivery commitments once the goods are duly delivered to the custody of the carrier. The shipment of the goods is effected at the expense and the risk of the customer.

9. Unless otherwise agreed upon our goods are to be paid within 21 days after the date of our respective invoice.

10. probior GmbH is entitled to withhold further deliveries of current orders until the payment of unsettled accounts and the settlement of existing subsidiary claims are effected.

PROPERTY RIGHTS

11. We retain title of all our delivered property until all our claims on our contracting party (buyer), irrespective of the legal ground, are completely settled.

12. In the event of the customer´s delay in payment we are entitled to take back the delivered object until our claims are satisfied or to withdraw from the contract. In case of taking back a delivered object the costs shall be borne by the customer warranty.

13. The customer is obliged, without undue delay, to inspect the goods when delivered if they are damaged. Objections to material defects, faulty deliveries, breakage or quantitative variances, as far as these can be recognized in a reasonably expected inspection, have to be raised in writing without delay, though 10 days after the receipt of the goods at the latest.

14.  A transport insurance can be effected. In a number of countries (e.g. ) this insurance is additionally to be effected and will be added to the shipping costs. In case of legitimate objections a copy of the insurance and a photo of the damaged goods are to be sent to the probior GmbH, whereupon the insurance refunds the commodity price to a limited extent. The exact amount of the refund will be indicated on inquiry. probior GmbH does not rectify defects. Nonetheless the goods can be ordered again against payment.

15. The customer´s warranty claims expire if no evidence is produced or in case of negligent handling or of excessive strain on the products.

OTHER

16. Unless acting wilfully or by wanton negligence is imputed to probior GmbH these terms exclude claims for damages on the grounds of non-compliance with contractual obligations, positive violation of contractual duty culpa in contrahendo, tort claims or on account of any other legal grounds.

17. All claims and rights based on the contracts effected with probior GmbH are only due to our contracting party and are not transferable.

18. The invalidity of any provision of these business conditions or of any provision within the scope of other agreements shall not affect any of the remaining provisions and agreements.

19. On publishing new terms of business and delivery on the internet all prior terms of business and delivery become invalid.

20. This English version is a translation of the German “General Conditions of Business”. Legally binding is only the German version.