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    General terms of delivery and sales
    General terms of delivery and sales

    1. Prices
    Final consumer prices include the legal value added tax of 19% in Germany.

    2. Forwarding expenses
    For each order a lump sum for packing and forwarding expenses will be added in accordance with the price list.
    The mode of transportation is in the sender's choice
    Extra costs for express delivery prescribed by the buyer will be charged additionally.

    3. Dealer conditions
    Dealer conditions require a separate written agreement.

    4. Availability
    In the case that an ordered article is not available, we behold the right to cancel the order.

    5. Right of revocation for consumers
    Natural persons, who do not use the goods for their commercial or independent vocational activity, have the right to return the goods within two weeks from receipt of the ordered products. A prerequisite for the return is with sensitive photo materials, such as photo paper, films, and chemicals that the packaging has not been opened (seal intact !).
    For a commodity value of 40,00 EUR the cost of the return has to be born by the consumers. With higher commodity value we take over the costs.

    6. Transport damages
    The commodity is transport-insured by us.
    In case of receipt of damaged consignments a survey report specifying the extent of damage has to be taken up immediately on the spot together with the transporter. The customer has to take delivery under reserve only.
    With receipt of an outwardly intact consignment, whose contents are damaged, the buyer must immediately take up an internal survey report under specification of type and range of the damage after unpacking the consignment.
    Survey reports are to be sent us immediately.

    7. Ship-to address for returns
    HANS O. MAHN GmbH & CO, Brookstieg 4, 22145 Stapelfeld, Germany.

    8. Payment
    Orders will be executed against pre-payment only.
    In case a credit line was granted, our invoices are payable within 30 days after invoice date without any deduction.
    A cash discount deduction is not admissible.
    In the case of a delayed payment all other outstanding invoices are - independent of their original maturity - immediately net due and we keep the right to charge interests and reminding fees.

    9. Retention of title
    All goods supplied by us remain our property until the full settlement of all invoices. The buyer is entitled to sell the reservation products in the context of a regular business transaction as long as he does not violate his contractual obligations as far as payments are concerned.
    The customer is not entitled to use any unpaid goods as a security for any third party. If the buyer does not fulfil his contractual obligations, we are authorised to request the return of the reservation goods.
    We reserve the right to assign unpaid invoices to any third party at any time without prior notice.

    10. Guarantee
    Incorrectly manufactured, packed or labeled commodity will be replaced by us by error free commodity of the same type and quantity - so far available -. Further requirements are exempted.
    Quality claims must be accompanied with samples of the defect as well as the original packaging and details of the developing process.
    Quality complaints of goods supplied by must be presented in writing within 8 days, hidden defects within 6 months from the date of delivery. For films the complaint period is extended up to the last day of the date of expiration.
    Photographic materials can be damaged by influence of light, warmth, humidity, gases or chemicals.
    For damage, which was caused by inappropriate storage, no guarantee is taken over.
    Objections do not nullify the buyer's unpaid bills.

    11. Compensation
    Each requirement for compensation of the buyer is limited to the net commodity value that caused the damage.
    All further requests for compensation of the buyer, which - independently from whatever argument - directly or indirectly in connection with the order, supply or use of our goods are exempted.

    12. Area of jurisdiction
    This applies the right of the Federal Republic of Germany.
    The area of jurisdiction is Hamburg.
    Date December 2007

    HANS O. MAHN GmbH & CO. KG - PHOTO DIVISION

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