Common use of Prices and payment Clause in Contracts

Prices and payment. (1) The prices are valid for the scope of services and deliv- eries specified in the order confirmations. Additional or spe- cial services will be billed separately. Prices are shown in euros ex works, excluding packaging and statutory value- added tax. Customs duties as well as fees and other public charges for export deliveries will be borne by the Customer. Insofar as the charges for customs duties as well as fees and other public charges are paid in advance by Burger in the performance of “delivery free domicile,” Burger is enti- tled to charge these costs forward to the Customer. (2) Insofar as the agreed prices are based on the list prices of Burger and delivery is not scheduled to take place until more than four months after conclusion of the contract/writ- ten order confirmation, the list prices of Burger valid at the time of delivery shall apply (less any agreed percentage or fixed discount). (3) Invoiced amounts shall be paid within thirty days of the invoice date (even in the case of partial deliveries) without any deductions unless otherwise agreed in writing. How- ever, Xxxxxx is entitled at any time, even within the scope of an ongoing business relationship, to make a delivery, in whole or in part, solely against advance payment. Xxxxxx will declare any such reservation no later than upon issue of the order confirmation. Receipt of the payment by Burger will be deemed date of payment. Cheques will not be considered effective payment until they have been redeemed. The Customer will be deemed in default upon expiration of the aforementioned payment deadline. From the moment of default, the out- standing amounts shall be subject to interest at the statutory default interest rate applicable at the time; this provision is without prejudice to the right to claim higher interest and fur- ther damages in the event of default. (4) Burger is not obligated to accept cheques or bills of ex- change. Any acceptance will be solely on account of pay- ment; the costs of discounting and collection will be borne by the Customer. (5) However, if and when the Customer is in default of pay- ment, any and all other outstanding claims against the Cus- tomer to which Burger is entitled become due and payable immediately. (6) The offsetting of Customer’s counterclaims or the reten- tion of payments because of such claims is permissible solely if and when the counterclaims are undisputed or have been finally adjudicated. The above provisions are without prejudice to the Customer’s reciprocal rights In the event of defects in the delivery. (7) Burger is entitled to perform or provide outstanding de- liveries or services solely against advance payment or the provision of security if and when, after conclusion of the con- tract, it becomes aware of circumstances that are likely to reduce substantially the Customer’s creditworthiness and that jeopardise the Customer’s payment of Burger's out- standing claims pursuant to the contractual relationship (in- cluding any such claims relating to other separate orders placed under the same framework agreement). (8) If and when it becomes apparent after the conclusion of the contract (e.g. because of the filing of a petition to initiate bankruptcy proceedings) that our claim to the purchase price is jeopardised by the Customer’s lack of ability to pay, Xxxxxx is entitled to refuse performance in accordance with the statutory provisions and — after setting any required deadline — to rescind the contract (Section 321 Civil Code [Bürgerliches Gesetzbuch; BGB]). If and when contracts for the manufacture of non-fungible goods (custom-made prod- ucts) have been concluded, Burger may declare its rescis- sion from the contract immediately; this provision is without prejudice to statutes concerning the waiving of deadlines.

Prices and payment. (1) The prices are valid for the scope of services and deliv- eries specified in the order confirmations. Additional or spe- cial services will be billed separately. Prices are shown in euros ex works, excluding packaging and statutory value- added tax. Customs duties as well as fees and other public charges for export deliveries will be borne by the Customer. Insofar as the charges for customs duties as well as fees and other public charges are paid in advance by Burger in the performance of “delivery free domicile,” Burger is enti- tled to charge these costs forward to the Customer. (2) Insofar as the agreed prices are based on the list prices of Burger and delivery is not scheduled to take place until more than four months after conclusion of the contract/writ- ten order confirmation, the list prices of Burger valid at the time of delivery shall apply (less any agreed percentage or fixed discount). (3) Invoiced amounts shall be paid within thirty days of the invoice date (even in the case of partial deliveries) without any deductions unless otherwise agreed in writing. How- ever, Xxxxxx is entitled at any time, even within the scope of an ongoing business relationship, to make a delivery, in whole or in part, solely against advance payment. Xxxxxx will declare any such reservation no later than upon issue of the order confirmation. Receipt of the payment by Burger will be deemed date of payment. Cheques will not be considered effective payment until they have been redeemed. The Customer will be deemed in default upon expiration of the aforementioned payment deadline. From the moment of default, the out- standing amounts shall be subject to interest at the statutory default interest rate applicable at the time; this provision is without prejudice to the right to claim higher interest and fur- ther damages in the event of default. (4) Burger is not obligated to accept cheques or bills of ex- change. Any acceptance will be solely on account of pay- ment; the costs of discounting and collection will be borne by the Customer. (5) However, if and when the Customer is in default of pay- ment, any and all other outstanding claims against the Cus- tomer to which Burger is entitled become due and payable immediately. (6) The offsetting of Customer’s counterclaims or the reten- tion of payments because of such claims is permissible solely if and when the counterclaims are undisputed or have been finally adjudicated. The above provisions are without prejudice to the Customer’s reciprocal rights In the event of defects in the delivery. (7) Burger is entitled to perform or provide outstanding de- liveries or services solely against advance payment or the provision of security if and when, after conclusion of the con- tract, it becomes aware of circumstances that are likely to reduce substantially the Customer’s creditworthiness and that jeopardise the Customer’s payment of Burger's Xxxxxx'x out- standing claims pursuant to the contractual relationship (in- cluding any such claims relating to other separate orders placed under the same framework agreement). (8) If and when it becomes apparent after the conclusion of the contract (e.g. because of the filing of a petition to initiate bankruptcy proceedings) that our claim to the purchase price is jeopardised by the Customer’s lack of ability to pay, Xxxxxx is entitled to refuse performance in accordance with the statutory provisions and — after setting any required deadline — to rescind the contract (Section 321 Civil Code [Bürgerliches Gesetzbuch; BGB]). If and when contracts for the manufacture of non-fungible goods (custom-made prod- ucts) have been concluded, Burger may declare its rescis- sion from the contract immediately; this provision is without prejudice to statutes concerning the waiving of deadlines.

Prices and payment. (1) The 4.1 All prices are valid for the scope of services and deliv- eries specified in the order confirmations. Additional or spe- cial services will be billed separately. Prices are shown in euros ex works, excluding packaging and statutory value- added tax. Customs duties as well as fees and other public charges for export deliveries will be borne by the Customer. Insofar as the charges for customs duties as well as fees and other public charges are paid in advance by Burger in the performance of “delivery free domicile,” Burger is enti- tled to charge these transport costs forward to the Customer. (2) Insofar as the agreed prices are based on the list prices current costs at the time of Burger conclusion of the contract. If LEONI provides its deliveries and delivery is not scheduled to take place until services after more than four months after from the time of conclusion of the contract/writ- ten order confirmationcontract and the cost price (in particular wage and material costs) on which LEONI has based its price quotations to the Customer subsequently increases or decreases significantly, LEONI is entitled or obliged to adjust its price to the list prices Customer appropriately. A change in the cost price within the meaning of Burger valid at the time of delivery shall apply (less any agreed percentage or fixed discount). (3) Invoiced amounts sentence 1 shall be paid within thirty days deemed to have occurred in particular if the prices for wages or supplied goods or materials become more expensive through no fault of LEONI, if customs duties or other import charges increase or if the invoice date (even in currency parities change significantly to LEONI‘s disadvantage compa- red with the case of partial deliveries) without any deductions unless otherwise agreed in writingconditions prevailing on the day the contract is concluded. How- ever, Xxxxxx A price adjustment due to cost increases is entitled at any time, even appropriate if its scope remains within the scope of an ongoing business relationshipthe cost increases that have occurred in the meantime. LEONI will, upon request, disclose to make the Customer the relevant reasons for the price adjustment; in particular, indices customary in the industry can be used as evidence for the subsequently increased cost price. If the price adjustment leads to a deliveryprice increase of more than 20% and LEONI does not comply with a written request by the Customer to limit the price adjustment to the scope of 20% within two weeks, in whole or in part, solely against advance payment. Xxxxxx will declare any such reservation the Customer is entitled to withdraw from the contract; the Customer shall have no later than upon issue of the order confirmation. Receipt of the payment by Burger will be deemed date of payment. Cheques will not be considered effective payment until they have been redeemedfurther claims. The Customer will rescission must then be deemed in default upon expiration of the aforementioned payment deadline. From the moment of default, the out- standing amounts shall be subject to interest at the statutory default interest rate applicable at the time; this provision is effected without prejudice to the right to claim higher interest and fur- ther damages in the event of defaultdelay. 4.2 Prices are quoted FCA LEONI delivery plant (4) Burger is not obligated to accept cheques or bills of ex- changeINCOTERMS 2020), plus the applicable value added tax. Any acceptance will be solely on account of pay- ment; the Unless otherwise agreed, packaging and freight costs of discounting and collection will shall be borne by the Customer. 4.3 Empties, in particular transportation equipment such as coils, drums and kegs etc. (5“Empties”) However, if shall be invoiced separately and when the Customer is in default shall pay for them at the same time as it pays for the goods delivered. Owner- ship of pay- ment, any and all other outstanding claims against the Cus- tomer Empties shall pass to which Burger is entitled become due and payable immediately. (6) The offsetting of Customer’s counterclaims or the reten- tion of payments because of such claims is permissible solely if and when the counterclaims are undisputed or have been finally adjudicatedCustomer upon full payment. The above provisions Customer has the right to return Empties which are without prejudice in a proper, clean and reusable condition, to XXXXX’x delivery plant at the Customer’s reciprocal rights own cost and risk within a period of six months from the date of the invoice. In such case, the Customer will be reimbursed in full for the purchase price of the Empties. XXXXX shall not accept returns of single-use designs, unless there is a legal obligation to do so. 4.4 In the event that LEONI and the Customer, by derogation from clause 4.3, agree to provide the Empties to the Customer on loan, the Customer shall return them to XXXXX’x delivery plant at the Customer’s own expense and risk within six months of the invoice date. In the event of defects any damage to the Empties caused by the Customer, LEONI shall be entitled to claim compensation from the Customer for the costs of repairs incurred. The same shall apply in regard to the delivery. (7) Burger costs of any necessary cleaning. In the event that the Empties have become unusable as a result of the damage or insofar as repair is not economically viable at LEONI’s reasonable discre- tion, the Customer must reimburse the value of the Empties. In the event that the Empties are not returned in a timely manner, XXXXX is entitled to perform or provide outstanding de- liveries or services solely against advance payment or invoice the provision of security if and when, after conclusion value of the con- tractEmpties after setting a grace period of two weeks. The Empties become the property of the Customer upon full nach billigem Xxxxxxxx xxx XXXXX wirtschaftlich nicht sinnvoll ist, it becomes aware of circumstances that are likely to reduce substantially the Customer’s creditworthiness and that jeopardise the Customer’s payment of Burger's out- standing claims pursuant to the contractual relationship (in- cluding any such claims relating to other separate orders placed under the same framework agreement)hat der Besteller den Wert des Leergutes zu ersetzen. Sollte das Leergut nicht fristgerecht zurückgeführt worden sein, ist XXXXX nach Setzen einer Nach- frist von zwei Wochen berechtigt, den Wert des Leergutes in Rechnung zu stellen. Das Leergut geht nach vollständiger Zahlung in das Eigentum des Bestellers über. (8) If and when it becomes apparent after the conclusion of the contract (e.g. because of the filing of a petition to initiate bankruptcy proceedings) that our claim to the purchase price is jeopardised by the Customer’s lack of ability to pay4.5 Werkzeugkosten werden gesondert berechnet, Xxxxxx is entitled to refuse performance in accordance with the statutory provisions and — after setting any required deadline — to rescind the contract (Section 321 Civil Code [Bürgerliches Gesetzbuch; BGB])ohne dass der Besteller dadurch Rechte an den Werkzeugen erwirbt. 4.6 Skontozusagen stehen unter dem Vorbehalt des Ausgleichs aller fälligen Forderungen. 4.7 Die Aufrechnung mit Gegenansprüchen des Bestellers oder die Zurück- behaltung von Zahlungen wegen solcher Ansprüche ist nur zulässig, soweit die Gegenansprüche unbestritten oder rechtskräftig festgestellt sind oder sich aus demselben Auftrag ergeben, unter dem die betreffende Lie- ferung erfolgt ist. If and when contracts for the manufacture of non-fungible goods (custom-made prod- ucts) have been concluded§ 812 BGB bleibt unberührt. 4.8 LEONI ist berechtigt, Burger may declare its rescis- sion from the contract immediately; this provision is without prejudice to statutes concerning the waiving of deadlinesgegen sämtliche Forderungen, die dem Besteller gegen XXXXX xxxxxxxx, mit xxxxx XXXXX gegen den Besteller zustehen- den Forderungen aufzurechnen. XXXXX ist darüber hinaus berechtigt, mit sämtlichen Forderungen, die XXXXX gegen den Besteller zustehen, auf- zurechnen gegen sämtliche Forderungen, die dem Besteller, gleich aus welchem Rechtsgrund, gegen verbundene Unternehmen zustehen. Auf Wunsch erhält der Besteller über den Kreis der verbundenen Unterneh- men jederzeit Auskunft. 4.9 LEONI ist berechtigt, die Ansprüche aus der Geschäftsbeziehung abzu- treten und die dazugehörigen Daten mit der Maßgabe weiterzugeben, dass sich der Abtretungsempfänger verpflichtet, dieselbe Vertraulichkeit zu wahren wie XXXXX. 4.10 Gutschriften und Rückvergütungen stellen keine Anerkennung eines Ver- schuldens oder einer Rechtspflicht dar.

Prices and payment. (1) The 4.1 All prices are valid for the scope of services and deliv- eries specified in the order confirmations. Additional or spe- cial services will be billed separately. Prices are shown in euros ex works, excluding packaging and statutory value- added tax. Customs duties as well as fees and other public charges for export deliveries will be borne by the Customer. Insofar as the charges for customs duties as well as fees and other public charges are paid in advance by Burger in the performance of “delivery free domicile,” Burger is enti- tled to charge these transport costs forward to the Customer. (2) Insofar as the agreed prices are based on the list prices current costs at the time of Burger conclusion of the contract. If LEONI provides its deliveries and delivery is not scheduled to take place until services after more than four months after from the time of conclusion of the contract/writ- ten order confirmationcontract and the cost price (in particular wage and material costs) on which LEONI has based its price quotations to the Customer subsequently increases or decreases significantly, LEONI is entitled or obliged to adjust its price to the list prices Customer appropriately. A change in the cost price within the meaning of Burger valid at the time of delivery shall apply (less any agreed percentage or fixed discount). (3) Invoiced amounts sentence 1 shall be paid within thirty days deemed to have occurred in particular if the prices for wages or supplied goods or materials become more expensive through no fault of LEONI, if customs duties or other import charges increase or if the invoice date (even in currency parities change significantly to XXXXX'x disadvantage compa- red with the case of partial deliveries) without any deductions unless otherwise agreed in writingconditions prevailing on the day the contract is concluded. How- ever, Xxxxxx A price adjustment due to cost increases is entitled at any time, even appropriate if its scope remains within the scope of an ongoing business relationshipthe cost increases that have occurred in the meantime. LEONI will, upon request, disclose to make the Customer the relevant reasons for the price adjustment; in particular, indices customary in the industry can be used as evidence for the subsequently increased cost price. If the price adjustment leads to a deliveryprice increase of more than 20% and LEONI does not comply with a written request by the Customer to limit the price adjustment to the scope of 20% within two weeks, in whole or in part, solely against advance payment. Xxxxxx will declare any such reservation the Customer is entitled to withdraw from the contract; the Customer shall have no later than upon issue of the order confirmation. Receipt of the payment by Burger will be deemed date of payment. Cheques will not be considered effective payment until they have been redeemedfurther claims. The Customer will rescission must then be deemed in default upon expiration of the aforementioned payment deadline. From the moment of default, the out- standing amounts shall be subject to interest at the statutory default interest rate applicable at the time; this provision is effected without prejudice to the right to claim higher interest and fur- ther damages in the event of defaultdelay. 4.2 Prices are quoted FCA LEONI delivery plant (4) Burger is not obligated to accept cheques or bills of ex- changeINCOTERMS 2020), plus the applicable value added tax. Any acceptance will be solely on account of pay- ment; the Unless otherwise agreed, packaging and freight costs of discounting and collection will shall be borne by the Customer. 4.3 Empties, in particular transportation equipment such as coils, drums and kegs etc. (5“Empties”) However, if shall be invoiced separately and when the Customer is in default shall pay for them at the same time as it pays for the goods delivered. Owner- ship of pay- ment, any and all other outstanding claims against the Cus- tomer Empties shall pass to which Burger is entitled become due and payable immediately. (6) The offsetting of Customer’s counterclaims or the reten- tion of payments because of such claims is permissible solely if and when the counterclaims are undisputed or have been finally adjudicatedCustomer upon full payment. The above provisions Customer has the right to return Empties which are without prejudice in a proper, clean and reusable condition, to XXXXX’x delivery plant at the Customer’s reciprocal rights own cost and risk within a period of six months from the date of the invoice. In such case, the Customer will be reimbursed in full for the purchase price of the Empties. LEONI shall not accept returns of single-use designs, unless there is a legal obligation to do so. 4.4 In the event that LEONI and the Customer, by derogation from clause 4.3, agree to provide the Empties to the Customer on loan, the Customer shall return them to XXXXX’x delivery plant at the Customer’s own expense and risk within six months of the invoice date. In the event of defects any damage to the Empties caused by the Customer, LEONI shall be entitled to claim compensation from the Customer for the costs of repairs incurred. The same shall apply in regard to the delivery. (7) Burger costs of any necessary cleaning. In the event that the Empties have become unusable as a result of the damage or insofar as repair is not economically viable at LEONI’s reasonable discre- tion, the Customer must reimburse the value of the Empties. In the event that the Empties are not returned in a timely manner, LEONI is entitled to perform or provide outstanding de- liveries or services solely against advance payment or invoice the provision of security if and when, after conclusion value of the con- tractEmpties after setting a grace period of two weeks. The Empties become the property of the Customer upon full payment the- reof. fristgerecht zurückgeführt worden sein, it becomes aware of circumstances that are likely to reduce substantially the Customer’s creditworthiness and that jeopardise the Customer’s payment of Burger's out- standing claims pursuant to the contractual relationship (in- cluding any such claims relating to other separate orders placed under the same framework agreement)ist LEONI nach Setzen einer Nach- frist von zwei Wochen berechtigt, den Wert des Leergutes in Rechnung zu stellen. Das Leergut geht nach vollständiger Zahlung in das Eigentum des Bestellers über. (8) If and when it becomes apparent after the conclusion of the contract (e.g. because of the filing of a petition to initiate bankruptcy proceedings) that our claim to the purchase price is jeopardised by the Customer’s lack of ability to pay4.5 Werkzeugkosten werden gesondert berechnet, Xxxxxx is entitled to refuse performance in accordance with the statutory provisions and — after setting any required deadline — to rescind the contract (Section 321 Civil Code [Bürgerliches Gesetzbuch; BGB])ohne dass der Besteller dadurch Rechte an den Werkzeugen erwirbt. 4.6 Skontozusagen stehen unter dem Vorbehalt des Ausgleichs aller fälligen Forderungen. 4.7 Die Aufrechnung mit Gegenansprüchen des Bestellers oder die Zurückbe- haltung von Zahlungen wegen solcher Ansprüche ist nur zulässig, soweit die Gegenansprüche unbestritten oder rechtskräftig festgestellt sind oder sich aus demselben Auftrag ergeben, unter dem die betreffende Lieferung erfolgt ist. If and when contracts for the manufacture of non-fungible goods (custom-made prod- ucts) have been concluded§ 812 BGB bleibt unberührt. 4.8 LEONI ist berechtigt, Burger may declare its rescis- sion from the contract immediately; this provision is without prejudice to statutes concerning the waiving of deadlinesgegen sämtliche Forderungen, die dem Besteller gegen XXXXX xxxxxxxx, mit xxxxx XXXXX gegen den Besteller zustehen- den Forderungen aufzurechnen. LEONI ist darüber hinaus berechtigt, mit sämtlichen Forderungen, die LEONI gegen den Besteller zustehen, auf- zurechnen gegen sämtliche Forderungen, die dem Besteller, gleich aus welchem Rechtsgrund, gegen verbundene Unternehmen zustehen. Auf Wunsch erhält der Besteller über den Kreis der verbundenen Unterneh- men jederzeit Auskunft. 4.9 LEONI ist berechtigt, die Ansprüche aus der Geschäftsbeziehung abzu- treten und die dazugehörigen Daten mit der Maßgabe weiterzugeben, dass sich der Abtretungsempfänger verpflichtet, dieselbe Vertraulichkeit zu wahren wie LEONI. 4.10 Gutschriften und Rückvergütungen stellen keine Anerkennung eines Ver- schuldens oder einer Rechtspflicht dar.