1. Scope of Application
These Terms and Conditions of Business shall apply to any contract and delivery effected by Barth & Sons unless the parties agree otherwise in writing

2. Final Acceptance
All our offers are without engagement. Final acceptance of the order shall either take place by payment of the due amount or by order acknowledgement and invoicing by Barth & Sons. Barth & Sons reserves the right of modifications and amendments of the products due to technical and quality improvements as well as for any errors in printing. The entire contractual relationship is exclusively subject to the laws of the Federal Republic of Germany. The CISG (UN Sales Law Convention of 11 April 1980 on the International Sale of Goods) is excluded.
Place of jurisdiction is D–58285 Gevelsberg.

3. Prices, Terms of Payment and Delivery
All prices indicated are sales prices excluding VAT based on EXW (Incoterms 2000) German warehouse. All cost for postal charges, freight and shipping will be listed separately on the invoice. We reserve the right to changes in price as well as prior sale of all articles. Barth & Sons does not deliver against open invoice. Release of goods and delivery will only be conducted after proof of complete payment or receipt of money on our bank account. We offer the following Terms of Payment: Cash payment in advance on our bank account right after order placement respectively after receipt of our order acknowledgement and invoice by mail. Payment by cash on delivery after receipt of goods and invoice. Any other Terms of Payment are subject to prior approval by Barth & Sons. After having received the payment and upon availability of goods we ensure delivery
within 30 days (depending from the country).

4. Return of Goods
In case you decide not to keep the goods, please return the goods within 14 days after the date of the dispatch note to Barth & Sons. We will only accept return shipments free delivered our premises. We count on your understanding that we can only accept return shipments of goods free of damages in original packaging. Goods with personal engraving cannot be returned.

5. Complaints and Warranty
Claims of the customer based on defects shall only be valid, if the customer has duly and properly complied with its obligations to inspect the goods in accordance with the German Law and gives notification about those claims within 8 working days. Barth & Sons shall provide warranty for defects of the material and processing by, at our option, repairing or replacing for the legal period of two years. There shall be no warranty for used goods and improper used goods. We shall be liable in case of intent, gross negligence, and fundamental breach of the contract or in case of non-compliance with an express warranty. Except for deliberate breach of duty our liability shall be limited to foreseeable and typical damages. Unless otherwise specified the legal regulations for warranty and liability shall be applied.

6. Saving Clause
Should any individual provision of these Terms and Conditions of Business be or become void, the validity of the remaining provisions hereof and any contracts concluded on the basis of these Terms and Conditions of Business shall in no way be affected. In such a case, the void provision shall be replaced by a relative provision coming as close as possible to the commercial purpose of the void provision. Failure by Barth & Sons to exercise rights - even over a long period - does not give the customer the right to plead that Barth & Sons has waived these rights.