General Terms of Use and International Trade (USA)

Valid 2005

1.0 Scope

1.1 These General Terms of Trade are exclusively valid for all contractual business connections between the company Karl Nill GmbH (subsequently: KN) and the Contract Partner (subsequently: CP) in the version valid at the time of order.

1.2 The General Terms of Trade are valid for the regulation all contractual business connections to natural or incorporated persons domiciled in the United States of America and who place an order for delivery within the United States of America.

1.3 All alternative conditions of purchase for the CP are invalid and ineffective, also in such case as they are not individually specifically contradicted.

2.0 Conclusion of Contract

2.1 When entering a contract to buy the CP guarantees contractual capability and to be eighteen years of age or older.

2.2 The contract of the CP becomes valid through acceptance of the contract by KN. The CP is bound by the contract for one week. The binding nature of the contract expires after the period of one week, whilst the offer can remain but may be cancelled by the CP. The acceptance of the offered contract by KN can be confirmed in all forms (E-Mail, Telefax, Letter, Telephone). Decisive is the use of the term „Order Acceptance / Confirmation“ or the immediate shipment of the ordered goods. Further enquiries from KN serve the clarification of questions relevant to the content and the terms of delivery of the CP’s order.

3.0 Right of Withdrawal

3.1 The following regulations serve and are valid for the Right of Withdrawal for those CP’s who are understood to be Customers. A Customer is understood to be a natural person who may close a transaction for a certain purpose, that is neither of a professional nature nor serves a self-employed occupation.

3.2 The CP may withdraw from the contract within two weeks (14 days) without previous written declaration of reason (e.g. E-Mail, Telefax, Letter) or through return of the ordered goods. The time limit begins with the receipt of these instructions or the receipt of the ordered goods. The timely sending of a declaration of withdrawal or return of the ordered goods safeguards the time limit. Withdrawal is to be addressed to the following address:

Karl Nill GmbH
In Schlattwiesen 3
D-72116 Mössingen

or at the following Fax-Number: 0049/(0)7473/9434-30

3.3 In the case of an effective withdrawal, both parties are obliged to compensate the benefits received and to compensate the approximate received usage. In the case that the CP cannot completely or partially return the received benefit, or only in a qualitatively reduced state then a compensation in value must be made. This obligation does not follow when damage to the goods results the from it’s being tested, as may be the case in a retail shop. Further, the CP can avoid the obligation for compensation in that he does not treat the goods as private property and most especially does not mount the grips on his firearm.

3.4 A CP’s Right of Withdrawal is not valid when the ordered goods are individually finished according a handicap or is undoubtedly made to the individual requirements of the CP.

3.5 The return delivery of the goods follows at the cost and risk of KN. The goods must be packed in such a way as to ensure damage free carriage. The return delivery is by Post. (not Courier Service) KN may require the return delivery to be sent to another, from KN defined, address.

4.0 Purchase Price

4.1 The price in the current price list is valid at the time of order. All prices are purchase prices in U.S. Dollars.

4.2 Carriage and Insurance costs for the CP will be separately calculated on the basis of the current price list.

5.0 Conditions of Payment and Miscellaneous Obligations of the CP

5.1 The entitlement of KN to the purchase price arises with the acceptance of the CP’s order and is to be paid immediately (pre-payment).

5.2 Credit card payments are accepted by Online shop orders by purchase prices of up to $ 1.000,00 through the following Credit Card Companies: VISA und MasterCard. Payments over $ 1.000,00 are to be made by SWIFT Money Transfer previous to delivery.

5. 3 Insofar as the import into the USA does not take place over a General Importer defined by KN then the CP is obliged to fulfil all necessary import documents and all legally required obligations at their own cost and risk. KN is prepared to assist the CP.

6.0 Delivery, Terms of Delivery and Notice of Defects

6. 1 Delivery of goods follows complete payment of the purchase price.

6.2 KN is authorised as it deems necessary, but not obliged, to insure goods and to invoice the CP for these costs as they arise.

6.3 Delivery will take place within the probable time limit as defined in the Product Description /Price List.

6.4 In the case that delivery by KN is delayed, the CP is allowed to set KN a fair period of grace. After the period of grace the CP is entitled to withdraw from the contract. Further claims for compensation by the CP are excluded, irrespective of legal justification. KN is obliged to return the purchase price to the CP immediately.

6.5 KN is authorised to fulfil the order through partial delivery.

6.6 Delivery takes place at the cost and risk of the CP, insofar as the CP is not a customer.

6.7 Insofar as the CP is not understood to be a customer, the CP is obliged to immediately check each delivery after receipt and to control the delivery for amount, identity, possible transit damage and obvious defects and to immediately inform KN in such case (within eight days). The delivery is understood to be accepted as conforming to the contract when the CP omits to control as above.

7.0 Guarantee

7.1 KN guarantees that the delivered goods are suitable for the designated purpose. The guarantee period is 24 months from receipt of the goods by the CP. Damage or wear through use is excluded from the guarantee.

7.2 Insofar as a guarantee obligation exists and a defect to the product has been caused by KN, the CP may choose in accordance with § 439 BGB to have the defect repaired or for replacement of the defective product.

7.3 KN accepts liability toward the CP for damage to the life, body and health of the CP only insofar as the damage is caused by a, at the least negligent breach of duty by KN, or a legal representative of KN or an assistant of KN. By all other damage, KN is only liable when caused by a grossly negligent or deliberate breach of duty by KN or a legal representative of KN or an assistant of KN. The liability for simple oversights in general business is excluded, insofar as this does not represent a culpable breach of essential contractual obligations. (cardinal obligation).

8.0 Place of Fulfilment, Jurisdiction and Legal System

8.1 As far as legally possible, it is agreed that the Place of Fulfilment for the delivery of goods, payment of the Purchase Price and Jurisdiction is D-72116 Mössingen.

8.2 The legally defined relationship between KN und the CP is exclusively as defined by the Laws of the Federal Republic of Germany. The application of the UN Convention is excluded.

8.3 The German language version of the General Terms of Trade is solely binding.

9.0 Final Provisions

9.1 Should a clause within this contract be invalid or become invalid, the validity of the other clauses remains unchanged.

9.2 In the case of the invalidity of a clause, the parties to the contract commit themselves to replace the invalid clause with a rule that comes closest to the economic content of the invalid clause.

9.3 The clauses above are also correspondingly valid for the case that the contract be incomplete or contain oversights.