II.  Formation of the Contract

1. The customer is under an obligation to give written notice to Schneider prior to the formation of a contract if

- the goods to be delivered are to be fit not only for normal use or the customer orders on the assumption of a particular purpose or his expectations are based on public statements, advertising messages or other circumstances outside the formation of the concrete contract,

- the goods to be delivered will be used in circumstances which are unusual or which present a particular risk to health, safety or the environment, or which require a more demanding use,

- there is a risk of atypical damages or unusual amounts of loss, in particular exceeding the limits set up in section VII.-1.-d), of which the customer is or ought to be aware or

-  the goods to be delivered will be used in Germany or will be delivered to customer’s clients resident in Germany.

2.  Orders of the customer are to be put in  writing. If  the customer‘s order deviates from the proposal or the  tender submitted by Schneider, the customer will emphasize the  differences as such. Illustrations and drawings just like the measures and weight indications featuring in Schneider‘s proposals or offers only serve as guidelines.

3.  All orders, in particular also those received by employees of Schneider, will take effect exclusively if followed by a written acknowledgement of the order by Schneider. The actual delivery of the goods ordered, any other conduct of Schneider or silence on the part of Schneider does not allow the customer to assume the formation of the contract. Schneider can dispatch such written acknowledgement of  the order up to and including fourteen (14) calendar days after the customer‘s order has been received by Schneider. Until this time, the customer‘s order is irrevocable.

4. The written acknowledgement of the order by Schneider is received in time if it is received in time, if it is received by the customer within fourteen (14) calendar days after its date of issue. The customer will inform Schneider without delay in writing, if the written acknowledgement of the order is received with delay.

5. The written  acknowledgement of the order by Schneider sets out all the terms of the contract and brings the contract into effect even if - except for the description, the price for the goods and the quantity to be delivered - the written acknowledgement is not consistent with the declarations of the customer in every respect, especially with reference to the exclusive application of these International Conditions of Sale. The contract will only fail to come into existence if the customer objects in writing that the acknowledgement of the order by Schneider is not completely consistent with the declarations of the customer, the customer specifies the deviations in writing and if the objection is received by Schneider within a short time, at the latest seven (7) calendar days, after receipt of the written acknowledgement of the order by the customer.

6. Particular wishes of the customer, namely particular expectations of the customer regarding the usage or the  condition of the goods, guarantees or warranties with reference to the goods or the performance of the contract,  as well as performance declarations, instruction manuals or security-related information requested by the  customer in electronic  or  print  form, require express written confirmation by Schneider in every case.

7. Confirmations of the contract produced by the customer are of no effect without any objection by Schneider  being necessary. In particular, neither the actual delivery of the goods, any other conduct of Schneider or silence on the part of Schneider shall give rise to any belief by the customer in the relevance of his confirmation.

8. Schneider´s employees, commercial agents or other sales intermediaries are not authorized to dispense with the requirement of a written acknowledge-ment of the order by Schneider or to make promises which differ from its con-tent or guarantees. If and to what extent such persons are authorized to make or receive declarations with effect for or against Schneider, is to be determined according to German law.

9. Amendments to the concluded contract always require written confirmation by Schneider.