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clothing cotton fabric shirt fabric bleed and pre-shrunk when washed/dried Shrinkage tolerance can be no more than 5% shrink

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iv. Dispatch, Transfer of Risk, Packaging

1.) Unless otherwise provided, the supplier shall choose the route and method of dispatch taking the interests of the ordering party reasonably into account.

2.) The risk of destruction, loss of or damage to the goods shall pass to the ordering party with the dispatch of the goods to the person appointed to dispatch the goods or, in the case of collection, the risk shall pass to the ordering party when the supplier has made the goods available for collection and informed the ordering party to this effect. This shall also apply to freight pre-paid delivery.

3.) Rejected goods may only be returned with explicit consent of the supplier.

4.) The ordering party shall send back returnable packing without delay and at his own cost. Any loss or damage of returnable packing, as long as such packing has not been received back by the supplier, shall be borne by the ordering party if he is responsible for this. Returnable packing may not be used for other purposes or for containing other products. They are exclusively intended for the transportation of the delivered goods. Labels may not be removed.

5.) Where commercial terms such as fob, cif, ex works etc. are agreed upon, they shall be interpreted in accordance with the Incoterms in their version applicable on the date of the conclusion of contract.

v. Payment

1.) Payment shall be governed by the relevant separate agreements. Bills of exchange and cheques shall be accepted only according to specific agreement and shall not be deemed to constitute payment or be in lieu of payment. The ordering party has to bear the bank’s discount charges and costs. Payment shall only be deemed to be effected when the amount is definitely available on an account of the supplier. Retention and set-off based on claims of the ordering party that are disputed by the supplier shall be excluded.

2.) The supplier reserves the right to apply at his own choice payments in discharge of the oldest invoice items plus default interests and costs accrued in the following order: costs, interest and principle debt. Debts for which a claim is made in respect of defects shall be exempted from this provision.

3.) Payments by letter of credit shall be governed by the UNIFORM CUSTOMS AND PRACTISES FOR DOCUMENTARY CREDITS valid from time to time, issued by the ICC, Paris. If payment is effected by way of cheque, bill of exchange, letter of credit, cash against documents, documents against acceptance and the similar this shall be isolated from the underlying transaction. Therefore the ordering party must refrain from any interference with the flow of payment, in particular in case of complaints about defects.

4.) The non-compliance with agreed terms of payment or any other conditions from which, on application of standards customary in banking, a considerable deterioration of the financial circumstances can be concluded, shall entail immediate maturity of all claims of the supplier that are based on the same legal relationship. The supplier shall be entitled to demand payment in advance for still outstanding deliveries as well as to withdraw from the contract at reasonable notice or to claim damages for non-performance; moreover he shall be entitled to prohibit the ordering party from resale and processing of the goods which have been delivered but not yet been paid for and to recover the unpaid goods at the expense of the ordering party.

5.) If payment has not or not fully been effected within the agreed period the ordering party, according to Section 288 Paragraph II of the German Civil Code [§ 288 II BGB (Bürgerliches Gesetzbuch)], has to pay interest at the rate of 8% over the base rate persuant to Section 247 of the German Civil Code [§ 247 BGB] calculated on the still outstanding amount. This does not effect the supplier’s right to claim additional damages from the ordering party for the latter’s default.

vi. Complaints, Claims based on Defects, Liability

1.) Complaints with respect to quality or quantity are immediately, in any case not later than two weeks after receipt of the goods, to be notified in writing to the supplier quoting the invoice and shipping number, the product name and the package marking, latent defects shall be notified not later than one week after their detection.

2.) The ordering party shall check – if required by sample testing – the delivered goods as to their adequacy for their planned application.

3.) In case of duly notified and substantiated complaints, the supplier shall be entitled to provide subsequent performance within a reasonable length of time. If the subsequent performance fails two times, or if it becomes impossible, is unduly refused or unacceptable for the ordering party, the ordering party shall be entitled at his own choice to reduce the purchase price or to rescind the contract.

4.) Damage claims and claims of compensation for expenses of the ordering party (damage claims), based on any legal ground whatsoever, above all those arising from any violation of obligations based on the relationship of debenture and from tort – shall be excluded. This shall not apply to the cases of compulsory liability according to the German Product Liability Act [Produkthaftungsgesetz] and in cases of injuring the life, body or health and this shall further not apply to the cases of intentional or grossly negligent causation of damage. In cases of a violation of essential obligations of contract the damage claim shall be limited to the damage that is typical to this type of contract and foreseeable, unless one of the above-mentioned causes of liability which cannot be excluded do exist. Any liability for consequential damages arising from violations of obligations shall be excluded, unless the obligation which was violated had been intended to protect especially against such consequential damages. The preceding provisions do not imply a change of the burden of proof to the disadvantage of the ordering party.

5.) The preceding exclusions of liability shall also apply to the individual liability of the employees, staff, assistants, agents and any other vicarious agents.

6.) Claims of the ordering party arising from a guarantee shall remain unaffected by the preceding provisions.

7.) Claims based on defects regarding the delivered products shall become timebarred after one year, with the exception of claims of the ordering party against the supplier arising from defects fraudulently concealed.

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