English 
German General Terms and Conditions NIC Nookandeh Institute GmbH
1. General
The following general terms and conditions of sale (hereinafter „GTC“) apply to all sales, deliveries and offers of NIC Nookandeh Institute GmbH (hereinafter „NIC Institute“). By placing his order, the buyer recognizes the exclusive validity of the following conditions. The purchaser’s conditions of purchase do not bind NIC Institute, even if NIC Institute does not expressly object to them. These General Terms and Conditions apply exclusively, even if the buyer’s order contains different restrictions or additions.
2. Prices
The prices are sales prices ex works Homburg without VAT. The prices are non-binding. The calculation is made in EURO at the prices valid on the day the contract was concluded, possibly plus shipping costs, dispatch handling and insurance and plus the statutory value added tax.
3. Placing of Orders
Offers and orders only become legally binding if they have been unconditionally confirmed in writing by NIC Institute or if NIC Institute has sent the goods to the buyer with an invoice. Special requirements or specifications of the buyer require our written consent in order to be valid and must be repeated in every order. Our offers are always non-binding with regard to price, delivery quantity, delivery time and availability.
4. Minimum order quantities, minimum order value
As a rule, the goods ordered by the buyer are made to order. In this context, there are minimum quantities per ordered product, which NIC Institute informs the buyer about in the offer. If the quantity requested by the buyer is less than the minimum quantity for a specific product, NIC Institute reserves the right to charge a small quantity surcharge for the small quantity requested, which will be communicated to the buyer in the offer.
5. Delivery, transfer of risk
Shipping is always at the risk of the buyer. The risk of accidental destruction, loss or deterioration of the goods passes to the buyer as soon as the goods have been handed over to the carrier or the goods have been made available for collection by the customer or a transport company commissioned by him. Freight costs and all costs in connection with the delivery – such as insurance, suitable packaging, special packaging and delivery methods requested by the buyer, but also costs for repeated deliveries or storage costs incurred – will be charged to the buyer. We reserve the right to choose the shipping route and type of shipping, unless otherwise agreed in writing.
Our delivery obligation is fulfilled as soon as the goods have been handed over to the carrier or have been made available by us for collection by the customer or a transport company commissioned by him.
6. Delivery time, delay in delivery, withdrawal from the delivery obligation
The delivery times specified by NIC Institute in offers and orders are always non-binding. If force majeure or circumstances for which the buyer or a sub-supplier is responsible, the delivery period will be extended to a reasonable extent or NIC Institute can withdraw from the delivery obligation. In this case, the customer is not entitled to compensation for any damage incurred as a result of the withdrawal.
7. Packaging
Delivery always includes primary packaging. NIC Institute selects further packaging (secondary packaging, outer packaging) according to the respective requirements.
Additional costs that arise due to product-specific features or additional packaging will be invoiced separately. The use of the buyer’s own packaging can only take place after prior agreement. The return of packaging within the scope of the legal provisions is only possible after prior consultation with the NIC Institute.
8. Privacy
NIC Institute is entitled to process and store all relevant data about the buyer – in compliance with the provisions of the Federal Data Protection Act – for its own purposes.
9. Complaints and Warranty
Immediately upon receipt of the goods, the buyer must check in an appropriate manner – for example by preparing an analysis or processing on a sample basis – whether the quality and quantity correspond to the contractual agreements. Defects that can be identified during a proper inspection of the goods and deliveries other than the goods or quantities ordered must be reported immediately after the defect has been identified, but no later than 14 days after receipt of the goods. If the buyer fails to make a complaint in good time, the goods – in terms of quality and quantity – are deemed to have been accepted by the buyer.
If defects were found in the goods or if they could have been found with the utmost care and the customer processes or resells the goods, liability on our part resulting from the further processing or resale of the defective goods is excluded.
Goods that are the subject of a complaint may only be returned with the express consent of NIC Institute. If the buyer complains about defects or the delivery of goods other than those ordered in good time, the goods will be exchanged or taken back against reimbursement of the purchase price, at the discretion of NIC Institute. If, in the case of an exchange of the goods, the replacement delivery is also defective, NIC Institute grants the buyer the right to withdraw or reduce the price. In the case of shortages that are reported in good time, NIC Institute has the choice between subsequent delivery or a corresponding credit note.
The limitation period for claims for defects against us is 1 year from the transfer of risk.
10. Liability
NIC Institute is liable in the event of intent and gross negligence in accordance with the statutory provisions. In the case of simple negligence, NIC Institute is only liable for the breach of a cardinal obligation or an essential obligation, the breach of which jeopardizes the achievement of the purpose of the contract, for compensation for the damage that was foreseeable and typical. Any further liability, in particular for lost profits and consequential damages, is excluded. Legal liability for personal injury and under the Product Liability Act remains unaffected.
11. Terms of Payment
Payment obligations due to the delivery of goods or services rendered must be fulfilled within 14 days of the invoice date without any deductions in EURO. In the case of payments by bank transfer or check, the payment obligation is only fulfilled when the invoice amount has been credited to the bank account of NIC Institute. If the target is exceeded, NIC Institute is entitled – without prejudice to further claims – to charge interest at the usual bank interest rate, but at least 8 percent above the respective base interest rate. In this case, we are also entitled to refuse further deliveries until the customer has settled the outstanding invoices or paid in advance for the new delivery. Bank charges are at the expense of the buyer. NIC Institute is entitled to demand payment in advance.
12. Retention of Title
All goods delivered by NIC Institute remain the property of NIC Institute until the buyer has paid all liabilities arising from the mutual business relationship. If the buyer processes the goods delivered by NIC Institute, NIC Institute is considered the manufacturer and acquires ownership of the newly created goods. All claims from the sale of goods to which NIC Institute has property rights are already assigned by the buyer to NIC Institute as security to the extent of NIC Institute’s ownership share in the goods sold. The buyer must inform NIC Institute immediately of any impairment of their rights to the goods they own, in particular seizures and other confiscations. If the buyer does not fully meet his obligations to NIC Institute, he must return the goods to NIC Institute upon request, without NIC Institute withdrawing from the contract.
13. Non-binding advice
NIC Institute advises its customers with regard to their products and services to the best of their knowledge within the scope of the given possibilities, but without obligation. This applies in particular with regard to the observance of any property rights of third parties. NIC Institute’s suggestions do not relieve customers of the need to test the products and services on their own responsibility for their suitability for the intended purposes.
14. Applicable Sales Law
The contract is subject to the laws of the Federal Republic of Germany. The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply.
15. Place of Performance
Place of performance for the obligations of NIC Institute is Homburg. The place of performance for the buyer’s obligations, in particular for payment, is Homburg.
16. Jurisdiction
For all disputes arising from the contractual relationship, if the buyer is a merchant, a legal entity under public law or a special fund under public law, the court responsible for the registered office of NIC Institute is responsible.
17. Effectiveness of Individual Provisions
Should individual provisions be ineffective, this shall not affect the validity of the other provisions.
NIC Nookandeh Institute GmbH, Homburg,
Commercial Register Saarbrücken, HRB 18452
Status: February 2010