General Terms of Delivery

• We normally deliver goods within one week. On all orders for 1.000 (net) or more, delivery is free of charge (this is applicable for Germany, Austria, Belgium, Denmark, Luxemburg, Netherlands, Poland, Sweden and for Switzerland), with the exception of express delivery and delivery of panel goods.
• Delivery to all remaining countries is freight collect.
• All customer freight charges (incl. insurance) shall be calculated according to the cheapest available rate.
• Minimum Quantity Surcharge: € 5,00 for orders below € 50,00 net value of goods.

General Terms of Sale

1 AREA OF APPLICATION

Our terms and conditions of sale shall apply only to dealers as defined by § 24 AGBG (German Law for General Terms and Conditions) and shall apply to all future business transactions with the buyer. Any terms or conditions opposed to or differing from our terms and conditions shall be recognized only if we have expressly agreed to these in writing. This applies also in the case of our delivering to the buyer unconditionally and with full knowledge of any opposing or differing terms and conditions.

2 CONCLUSION OF CONTRACT AND SUBJECT MATTER

If the order shall be specified as an offer to buy in accordance with § 145 BGB (German Civil Code), we can accept the same within two weeks. Any offers we may make shall be subject to confirmation and remain in force for up to 14 days. If we shall receive an order based on our offer subject to confirmation, this order shall not be deemed to have been accepted until it has been confirmed and/or delivery has been made. Our silence upon receipt of an order shall not be deemed to be an acceptance of that order. Any statements, specifications or guarantees made or given by any of our authorized persons or persons being employed in performing a transactionshall not form part of the contract subject matter unless agreed by us in writing.

3 DELIVERY, RISK, LIMITATION OF LIABILITY UPON DEFAULT

3.1 Our specified delivery time shall not commence until all technical questions have been clarified. Our obligation to deliver shall be suspended if and as long as the buyer is in arrears with any obligation, in particular a monetary obligation. We shall be entitled to carry out partial deliveries to a reasonable extent.

3.2 We shall only be obliged to deliver from our place of business. Shipment shall be effected by mail, by parcel service or by forwarding agent and shall be at the buyer's risk. Risk for the goods, including in the case of freight-paid delivery, shall pass to the buyer as soon as we have either placed the goods at his disposal or handed them over to the forwarding agent or carrier. If it should be the express wish of the buyer, a separate insurance can be taken out for his account. If no such wish is expressed, we shall not be obliged but entitled to provide the customary insurance cover. In the case of damage, the buyer must therefore notify us immediately and consult with us as to the procedure for insurance claim settlement. The goods shall be inspected and examined immediately upon receipt in respect of their completeness and intactness. Only complaints or notice of defects made within 8 days of receipt of the goods can be considered.

3.3 Shipment of goods within Germany shall be invoiced separately in individual cases according to the respective size of the delivery. For dealers' orders with a gross value of 1.000 EUR and over, shipment shall be free of charge, with the exception of goods to be shipped abroad or wood panels, in which cases shipment shall be invoiced separately.

3.4 In the event of any delayed delivery on our part for which we are answerable, liability for damages in the case of ordinary negligence shall be excluded. If upon delayed delivery the buyer should fix a reasonable final deadline under threat of rejection and if the said deadline should expire without results, then he shall be entitled to withdraw from the contract. The buyer shall only be entitled to any claims for damages due to default to the amount of the foreseeable damage if the default is either intentional or the result of gross negligence. Moreover, liability for damages shall be limited to 30 % of the damage which has occurred but shall in no event exceed the value of the goods delivered either not on schedule or not at all.

3.5 The foregoing limitations of liability shall not apply in the event that a commercial transaction at a fixed date has been agreed; nor shall it apply in the event that the buyer can prove his interest in fulfilment of the contract to have ceased due to the default for which we are answerable.

4 RECALL

We shall be entitled to recall goods or to cancel deliveries should this be necessary either in order to test for suspected manufacturing defects or anything similar, or in the case of defects, or for the avoidance of damage or the like. As soon as the buyer has knowledge of the recall of goods which we have delivered, regardless of who was first notified of the recall, he shall no longer be authorized to use the goods, and any violation shall release us from all liability. To the exclusion of all other claims we can choose to either refund the purchase price or supply a replacement.

5 PRICES, PAYMENT TERMS

5.1 Except as otherwise specified in the confirmation of the order, our prices shall be "ex works" plus the currently valid VAT; any insurance which might be requested shall be invoiced separately. The buyer abroad shall bear the cost of import turnover tax, customs and excise, fees, charges, etc.

5.2 In the case of contracts stipulating a delivery time of more than 4 months, we shall reserve the right to increase the prices to match any increase in costs which may arise due to collective wage agreements or increases in material costs. If, however, such increase exceeds 5 % of the agreed price, the buyer shall have the right of cancellation.

5.3 In the absence of any other agreements, our invoices shall be due for immediate payment and payable either by cash on delivery (c.o.d.) or by direct debit to the buyer's credit-card account (Visa or Eurocard) provided that the required credit-card data have been submitted to us, thereby authorizing us to debit the respective amount to the buyer's account in accordance with the terms and conditions of the respective credit-card organization. Any deduction of discount as also payment by cheque or bill of exchange require our prior agreement. All bank charges and costs for cheques and bills of exchange shall be borne by the buyer, who shall also carry the full risk for timely presentation and protesting. Cheques and bills of exchange shall be accepted only on account of payment. All claims shall become immediately due for payment, irrespective of the term of maturity of any accepted and credited bills of exchange and irrespective of any agreed credit term, if one or more invoices due for payment having a total value amounting to 10 % of the unsettled claims have not been paid despite demand for payment, or if the buyer's cheques or bills of exchange should be protested or if any other causes should become known to us diminishing the buyer's creditworthiness.

5.4 If the buyer should default in payment, we shall be entitled to claim default interest at the rate of 4 % p.a. above the then current base interest rate. We shall furthermore be entitled to claim any additional damages which we can prove to have arisen from the buyer's default of payment. However, the buyer shall be entitled to provide evidence that we have incurred no damage or much less damage as a result of the default of payment.

5.5 The buyer shall have no right of set-off unless his counterclaims are non-appealable, undisputed or acknowledged by us; nor shall he have the right of retention on goods due to any disputed counterclaims.

6 RETENTION OF TITLE

6.1 We shall retain title to the object of sale and any replacement parts or replacement materials until settlement of all claims irrespective of the legal reasons. In the event of any conduct on the part of the buyer in violation of the contract, in particular default of payment, we shall be entitled to take back the object of sale. Our taking back the object of sale shall not constitute a withdrawal from the contract, unless we have expressly made a written statement to this effect. Any seizure by us of the object of sale, however, shall normally constitute a withdrawal from the contract. Upon taking back the object of sale, we shall be entitled to sell it, and the sales proceeds - after deduction of reasonable marketing costs - shall be set off against the buyer's liabilities.

6.2 The buyer shall inform us immediately in writing in the event of any seizure or other intervention by a third party.

6.3 The buyer shall be entitled to resell the delivered goods in the ordinary course of business. However, he shall automatically assign to us any ensuing claims he may have on his buyer or on third parties out of the resale to the amount of the final invoice value (incl. VAT), irrespective of whether he has resold the object of sale with or without prior processing. After the above assignment he shall still be authorized to collect any such claims without thereby affecting our authority to collect any such claims of our own accord. However, we undertake to make no collection on such a claim provided that the buyer meets his payments promptly out of the received profits, that he is not in default with any payments and in particular that no petition in bankruptcy has been filed and no payments have been suspended. If this should be the case, however, we can request the buyer to disclose to us all assigned claims and the names of the respective debtors, to provide all details necessary for collection, to deliver all appropriate documents and to inform the debtors (third parties) of the assignment.

6.4 Any processing, conversion or reconstruction of the object of sale shall invariably be carried out on our behalf. If the object of sale shall be processed together with other objects not owned by us, we shall acquire joint ownership of the new object to the extent of the proportionate value of the object of sale in relation to the other processing objects at the time of processing. Moreover, the same provisions shall apply to the object resulting from the processing as shall apply to the object delivered under retention of title.

6.5 If the object of sale shall be combined with other objects not owned by us, we shall acquire joint ownership of the new object to the extent of the proportionate value of the object of sale in relation to the other combined objects at the time of combining. If the combining should be carried out in such a way that the buyer's object shall be regarded as the principal object, it shall be understood that the buyer assigns to us proportionate joint ownership of the same. The buyer shall have custody of the thus ensuing sole or joint property on our behalf.

6.6 At the buyer's request we shall undertake to release the securities due to us in as far as the value of our securities shall exceed the claims to be secured by more than 20 %, whereby we shall be free to choose which securities shall be released.

7 WARRANTY, LIMITATION OF LIABILITY

7.1 There shall be no warranty on the purchase of used objects, demonstration equipment or second-class quality equipment. The statutory period of warranty shall apply to the purchase of new objects as from the date of passingof risk. For individual products we may grant an additional period of warranty which shall vary according to the class of product and details of which can be taken from the respective guarantee card attached to the product in question.

7.2 The buyer's rights of warranty shall require that the buyer has properly complied with his duties of examination and notification of defects imposed under §§ 377 and 378 HGB (German Commercial Code) and has supplied prompt notice in writing indicating the delivery date and the product specification. We shall have the right to inspect and examine the goods at any time at the buyer's place of business, and he shall provide us with sufficient opportunity to do so. Upon expiry of the first six months we can insist that the buyer sends us the defect part at his own cost. We shall assume no liability for defects, including within the scope of the above-mentioned material guarantee, due to natural and normal wear and tear and disuse or to transport damage or for any such defects or damage as shall result from faulty or careless handling/treatment, from non-observance of maintenance or storage instructions or of directions for use or of any other statutory regulations, from the impact of unauthorised or incompetent persons, or in particular from alterations to the product, substitution of parts or use of materials which we have not approved. We shall furthermore assume no liability for working parts,

7.3 In the event of a defect in the object of sale for which we are answerable, we shall be entitled to choose either to remedy the defect, or to repair or replace the goods. The buyer can retain a maximum of three times the amount of his purchase price obligation until such time as the goods have been repaired or the defect has been remedied.

7.4 If we should be neither willing nor able to remedy the defect or to replace the goods, and in particular if remedy or replacement should be delayed beyond a reasonable period of time for reasons for which we are answerable, or if in some other way the defect cannot be successfully remedied, then the buyer is entitled to withdraw from the contract or to demand an appropriate reduction in the purchase price.

7.5 Unless otherwise specified below, any further claims by the buyer, no matter on what legal grounds, shall be excluded. We shall not be liable for damage to anything other than the delivered object itself; in particular, we shall not be liable for lost profit or for any other pecuniary losses the buyer may incur.

7.6 The foregoing exemption of liability shall not apply if the cause of damage shall be due to intent or gross negligence. Nor shall it apply if the buyer shall assert a claim for damages due to the lack of a guaranteed quality as a result of default under §§ 463 and 480 Section 2 BGB (German Civil Code). Quality shall only be deemed to be guaranteed if the guarantee has been expressly set down in writing between buyer and seller upon conclusion of the contract. Specifications in catalogues and prospects and on our internet homepages as also any other stated specifications shall be purely for advertising purposes and shall not constitute any guarantee of quality. Any reference to DIN (German Industrial Standards) or to any other standards are solely for the purpose of goods description and shall not constitute a guarantee.

7.7 If we should breach any material contractual obligation by negligence, our liability to pay material or personal damages shall be limited to the coverage provisions in our product liability insurance. Upon request, we shall allow the buyer to examine our policy.

7.8 The period of warranty is a limitation period. The statutory period of warranty of six months shall apply to claims for consequential damages arising from a defect provided no claims of liability in tort shall be made.

7.9 The preceding regulations shall be applied analogously to any guarantees given.

8 TOTAL LIABILITY

8.1 Any liability exceeding that which is provided for in Section 3.4 and Section 7 shall be excluded, regardless of the legal nature of the asserted claim.

8.2 The regulation under Section 8.1 does not apply to claims made under §§ 1, 4 ProdHaftG (Product Liability Act). The same is true of initial inability or justifiable impossibility.

8.3 Wherever our liability is excluded or limited, this shall also apply to the personal liability of our salaried employees, wage earners, sales representatives and persons employed in performing obligations.

8.4 The limitation period for claims based on the producer's liability under § 823 BGB (German Civil Code) shall be in accordance with Section 7.8, regardless of whom the claim shall be asserted against.

9 WASTE DISPOSAL OF TRANSPORT PACKING

For the purposes of packing waste disposal, we shall allow an amount of 10 Euro per packing unit (with the exception of small cardboard packages). This must be deducted from the respective invoice; a later refund shall not be possible.

10 MISCELLANEOUS

10.1 Governing law: German national law shall be the sole governing law for all legal relationships with us, including the formation of contracts. The UN Sales Convention shall not be applicable.

10.2 Jurisdiction: If the buyer is a dealer, our place of business shall be the place of jurisdiction; we are, however, also entitled to sue the buyer in the local court at his place of residence or branch office.

10.3 Partial invalidity: If any individual provisions of these general standard terms and conditions or of any further contractual agreements between the parties should be or become wholly or partly invalid, the validity of the remaining provisions shall be unaffected thereby. Any invalid provision shall be substituted by a valid one which economically best meets the intention of the invalid provision. The same shall apply in the case of unintentional omissions.

10.4 Previous agreements: Upon agreement and incorporation of these terms and conditions of sale and delivery, all previous terms and conditions with the exception of any agreed rights of retention become invalid herewith.

Privacy Policy

Every citizen has a constitutionally protected right to determine what is done with his or her personal data.

For this reason, it is our duty to protect the personal data that you entrust to us while visiting our Internet presence. In the following, we would like to show you what data we have about you, what happens to this data, and what security precautions we have taken in order to protect this data against abuse.

Scope of Application

This Privacy Policy applies to the entire Internet presence, but not to third-party pages for which you may find links on our pages.

Security Precautions

All of our company's employees are trained pursuant to Art. 5 German Federal Data Protection Act (Bundesdatenschutzgesetz or BDSG for short) and are obligated to maintain data secrecy. Our computer center and the in-house IT department continually adapt the technical security precautions to the current circumstances and requirements. Both are subject to continuous review by our internal auditing department and the data protection officer.

Logging

Each time a user accesses a page on our web site and each time a file is retrieved, access data regarding this event is stored in a log file on our server.

• IP address
• Page from which the file was requested
• Date, time
• Browser type and browser settings
• Operating system
• The page visited by you
• Quantity of data transferred
• Access status (file transmitted, file not found, etc.)

This data is used to generate statistics that help us to better adapt our Internet portal to your needs. Your personal identity cannot be deduced from this data; the data is not passed on to third parties even in excerpted form.

Rights of Access to and Correction of Stored Personal Data

Pursuant to Art. 34 and Art. 6b BDSG, users have the right to receive information about the personal data stored about them free of charge upon request. In addition, according to the statutory regulations, users have the right to correction, blocking and deletion of this personal data.

In all of these cases, please get in touch directly with:

infoadamhall.com

Cookies

We use session cookies on our web site. The data is not stored permanently. Using temporary cookies offers you the advantage that you do not have to repeatedly enter personal data when filling out various forms on our web site. The cookies are deleted automatically when the browser is closed.

A cookie denotes information that a web server sends to a browser, which the browser then in turn sends back when accessing this web server. Using cookies expands the stateless hypertext transfer protocol by the possibility of storing information between requests. It is possible to differentiate between persistent cookies and session cookies. The former are stored permanently (for example, on the hard disk), while the later are stored only for the duration of a session.

Most browsers are configured to accept cookies automatically. You can, however, deactivate saving of cookies or configure your browser so that it notifies you as soon as cookies are sent. 

Processing of Personal Data

In some places in our Internet presence, we offer you the possibility to contact us or use specific services (e.g., newsletter subscription). We use the personal data transmitted in this connection only for the single purpose for which it was provided to us. Your data is not passed along to third parties.

Security of Personal Data

In order to ensure that communications with you remain confidential, we use so-called SSL encryption. According to the current state of the art, the 128-bit encryption facilitated by this can be considered to be secure. All recent-generation browsers attain this level of security. Depending on the circumstances, you should update the browser on your PC.
Changes in this Privacy Policy

We will update this privacy policy, if necessary, on the basis of current circumstances, e.g., amendment of the German Federal Data Protection Act.

Last revised: August 2005