1. An order or purchase of goods or services to be delivered is only final after signature of the purchase order by a person authorised thereto from NV Plopsaland SA, or Plopsa Coo SPRL, or Plopsa BV, or Holiday Park GmbH, or Betrieb Für Freizeitgestaltung GmbH & Co KG, or NV Studio Plopsa SA. (called the buyer hereinafter).
2. Should the seller confirm our order with different general terms, still it will be our general purchasing terms which will apply, even though we did not explicitly object to this deviation. Our general terms of purchase also apply to future purchases and orders, even in the case we should not explicitly refer to them.
3. The amount on the purchase order is the total price exclusive of VAT, unless otherwise stated. If there is additional work to be carried out, they cannot be charged without prior consultation and additional purchase order.
4. If the seller delivers to a different delivery address than that stated on the purchase order, then the buyer shall claim the transport costs and handling costs from the seller.
5. The date of delivery is binding and should be observed strictly. As soon as the original delivery date is exceeded, we reserve the right to:
a) cancel our order and have it carried out by a third party. All extra costs caused by this will be borne by the supplier.
b) claim a compensation of 10 % of the price of the order, and this for each beginning week after the delivery date, with a maximum of 30 % of the price of the order, all this without having to demonstrate the damage suffered.
Above mentioned will not detract our right to demonstrate complete damage at all times and claim compensation for it.
6. The whole or partial transfer by the seller of the order to third parties is not permitted without prior written approval from the buyer. If the buyer gives this permission, this implies the permission on the part of the seller for the buyer to have direct contact with the subcontractor or supplier and to give instructions.
7. Any dispute relating to these conditions and the order shall fall under the competence of the courts of Ludwigshafen. The relationships between the contracting parties shall be governed by German law. The Vienna Convention is not applicable.