3. Prices – payment conditions
1. The price shown in the order shall be binding. In the absence of a differing agreement in writing, the price shall include delivery free domicile, the costs of transportation, insurance and packing, and customs clearance that may be necessary. Moreover, the risk shall be transferred to us and the performance is done only with the receipt of the delivery on our business premises. In the absence of any special agreement the packaging material shall be returned at Supplier’s expenses, for other cases a special agreement is required.
2. The price does not include the statutory VAT.
3. Unless agreed otherwise, the payment shall be made by the 25th of the month following the delivery or the performance after the goods have been received according to the contract and after the correct and auditable invoice has been received with a 2% discount or net cash 90 days. When accepting earlier deliveries the due date shall go by the agreed delivery date. Payments shall not be considered waiver of possible notice of defects and in no way do they constitute acknowledge¬ment of the performance in accordance with the contract.
4. Invoices have to be sent on the date the goods are dispatched. We can only process invoices that contain the order number, item number and item description as stated in our order. The Supplier shall be responsible for all the consequences of non-fulfilment of these obligations.
5. The Supplier shall have no right to assign his claims against us or to have them collected by third parties without our written consent in advance, while such consent may not be withheld without a reason. However, we agree to an assignment in advance in case of extended retention of title.
6. We shall have the right to set off and to retain as provided by law.