BRANDIVISION GmbH
Am Müh­len­turm 1
40489 Düs­sel­dorf, Ger­many
Phone +49(0)211 940 84 40
E‑Mail info@brandivision.de

 

 

Respon­si­ble for con­tent accord­ing to § 10 para­graph 3 of this web­site:
Dirk Hagen Zimmermann

Man­ag­ing part­ners:
Dirk Hagen Zimmermann

Reg­is­tered:
Dis­trict Court Düs­sel­dorf, HRB 606 81

Sales tax iden­ti­fi­ca­tion num­ber:
DE 264770074

 

 

General terms and conditions of business, supply and payment

 

1. Scope of application

Sole­ly the fol­low­ing Gen­er­al Busi­ness, Deliv­ery and Pay­ment Terms are valid for all our sales and oth­er deliv­er­ies and ser­vices in con­nec­tion with com­pa­nies, inas­much as indi­vid­ual vari­a­tions have not been agreed on an indi­vid­ual basis. All con­flict­ing terms and con­di­tions or con­flict­ing buy­er con­fir­ma­tions only oblige us when and if we have agreed to these express­ly in writ­ing. In par­tic­u­lar, our silence with respect to such con­flict­ing terms and con­di­tions does not imply our accep­tance or agree­ment. Such con­flict­ing terms and con­di­tions or con­flict­ing buy­er con­fir­ma­tions are here­by express­ly repudiated.

2. Con­clu­sion of con­tract, scope of delivery

2.1 Our offers are sub­ject to change. The buy­er is bound by his order for 30 days. An order is only deemed accept­ed when we have con­firmed the order inwrit­ing or the goods have been despatched by us. In the event of imme­di­ate despatch by us, order con­fir­ma­tion can be replaced by our deliv­ery docket.

2.2 Sup­ple­men­tary agree­ments, guar­anties and all oth­er agree­ments are only effec­tive when they are express­ly con­firmed in writ­ing by us.

2.3 The scope of deliv­ery is in accor­dance with our writ­ten con­fir­ma­tion. Ref­er­ence to norms, sim­i­lar tech­ni­cal reg­u­la­tions, oth­er tech­ni­cal data, descrip­tions and dia­grams of the deliv­ery item in offers and brochures is only a ser­vice descrip­tion and not a qual­i­ty guar­an­tee. Spe­cif­ic prop­er­ties of goods are only deemed to be guar­an­teed by us if we have con­firmed this express­ly in writing.

2.4 Call-off orders in addi­tion to alter­ations and addi­tions to such shall be made in writing.

2.5 We reserve the right to under­take tech­ni­cal changes to the goods for deliv­ery if these tech­ni­cal alter­ations do not impact neg­a­tive­ly on the prod­uct util­ityand if this is not unrea­son­able for the buy­er in all oth­er respects.

3. Prices

3.1 All prices are quot­ed strict­ly in Euros includ­ing the cus­tom­ary pack­ag­ing plus any Val­ue-Added Tax to be borne by the buy­er in the cor­re­spond­ing amount pre­scribed by law.

3.2 The prices are quot­ed ex works from the manufacturer’s man­u­fac­tur­ing warehouse.

3.3 Fol­low­ing con­clu­sion of con­tract, should freight costs, insur­ance costs or pub­lic dues and encum­brances (for exam­ple cus­tom duties, export and import charges) be new­ly set or increased, then we are enti­tled to add such addi­tion­al charges to the agreed price, even in the case of car­riage-paid or duty-paid deliveries.

3.4 We may incor­po­rate any increase in our mate­ri­als pro­cure­ment costs, wages and ancil­lary wage costs in addi­tion to ener­gy costs in our prices if a peri­od of at least a month lies between con­clu­sion of con­tract and delivery.

3.5 All deliv­er­ies are exe­cut­ed on a freight col­lect basis.

4. Quan­ti­ties, dimen­sions and weights

4.1 Vari­ances in dimen­sions and weights are per­mis­si­ble with­in the bounds of tol­er­ances cus­tom­ary in the trade and the rel­e­vant DIN stan­dards. Fur­ther­more, in the course of tech­ni­cal devel­op­ment, stan­dard­i­s­a­tion and man­u­fac­tur­ing pos­si­bil­i­ties, we reserve the right to under­take changes in dimen­sions and weights, as long as this does not affect the usabil­i­ty of the order.

4.2 We express­ly reserve the right to exer­cise excess or short deliv­er­ies with respect to weight, quan­ti­ty or sur­face area up to a vari­ance of 3 %. This applies both to the total con­tract amount as well as each indi­vid­ual par­tial delivery.

4.3 The deliv­ery weights and quan­ti­ties estab­lished by us are defin­i­tive for cal­cu­la­tion purposes.

5. Deliv­ery times

5.1 Sched­uled deliv­ery dates and times that are bind­ing must be agreed express­ly and in writ­ing. In instances of non-bind­ing or only approx­i­mate (e.g. cir­ca, approx. etc.) deliv­ery dates and times, we will endeav­our to meet these to the best of our ability.

5.2 Terms of deliv­ery begin with the receipt of our order con­fir­ma­tion by the buy­er, how­ev­er, not before all nec­es­sary details for the exe­cu­tion of the order are clar­i­fied and all oth­er require­ments to be ful­filled by the buy­er are on hand; the same applies to sched­uled deliv­ery dates.

5.3 Deliv­er­ies are per­mis­si­ble before the expiry of the deliv­ery dead­line. The date of noti­fi­ca­tion that the order is ready for ship­ment applies as the deliv­ery day, oth­er­wise the day of dis­patch of the goods. We are enti­tled to make par­tial deliveries.

5.4 Should we be in default of deliv­ery, claims for com­pen­sa­tion and reim­burse­ment of expens­es only exist – regard­less of rea­son – in accor­dance with the stip­u­la­tions detailed in Para­graph 12.

5.5 We are not in default as long as the buy­er is in default in ful­fill­ing oblig­a­tions with respect to us, even those oblig­a­tions aris­ing from oth­er contracts.

6. Own sup­ply reser­va­tion, Acts of God and oth­er obstruc­tions, import and export licences

6.1 If we do not receive deliv­er­ies or ser­vices from our sup­pli­ers in the cor­rect man­ner or on time for rea­sons beyond our con­trol, or if Acts of God occur, we are then enti­tled to delay the deliv­ery for the dura­tion of the obstruc­tion, or to with­draw from the con­tract ful­ly or par­tial­ly with respect to the por­tion of the con­tract not yet ful­filled. Acts of God cov­er strikes, lock­outs, offi­cial inter­fer­ences, scarci­ty of raw mate­ri­als and ener­gy, trans­port bot­tle­necks, delays in tran­sit through no fault of our own (for exam­ple due to bad weath­er, flood­ing), oper­a­tional hold-up through no fault of our own (for exam­ple dam­age by fire or water and mechan­i­cal break­down) and all Bran­di­vi­sion GmbH oth­er obstruc­tions, which from an objec­tive point of view were not cul­pa­bly caused by us. The above stip­u­la­tions apply even in instances where we are already in default when the spe­cif­ic cir­cum­stance occurs.

6.2 Should a sched­uled deliv­ery date or time be agreed to be legal­ly bind­ing and should the agreed deliv­ery date be exceed­ed by rea­son of events in accor­dance with Para­graph 6.1, then the buy­er can call upon us to declare with­in two weeks whether we wish to with­draw from the con­tract or deliv­er with­in a rea­son­able peri­od of grace. Should we not declare our­selves then the buy­er is enti­tled to with­draw from the unful­filled part of the contract.

7. Ship­ment and pass­ing of risk

7.1 If noth­ing con­trary is agreed in writ­ing, ship­ment is effect­ed by us on an unin­sured basis ex works from the man­u­fac­tur­ing ware­house of the man­u­fac­tur­er at the risk and expense of the buy­er. We reserve the right to select the route of trans­port and means of transport.

7.2 Risk trans­fers to the buy­er with the hand-over of the goods to the buy­er, car­ri­er, for­ward­ing agent or what­ev­er oth­er par­ty is appoint­ed to exe­cute the deliv­ery, at lat­est how­ev­er on leav­ing our fac­to­ry, ware­house or branch. This applies even if we have tak­en over exe­cu­tion of the deliv­ery. Dam­ages in tran­sit are to be not­ed imme­di­ate­ly on the deliv­ery dock­et and to be con­firmed by the for­ward­ing agent or in the case of deliv­ery by rail or postage this is to be declared by the rail or postal ser­vice for the asser­tion of a claim for com­pen­sa­tion. We only cov­er trans­port insur­ance at the spe-cif­ic request of the buy­er and at the buyer’s expense.

7.3 Goods that are announced as being ready for ship­ment and due for deliv­ery must be called up prompt­ly by the buy­er. Should the goods that are ready for ship­ment not be called up with­out delay, we can choose to send or to place these goods that are ready for dis­patch into stor­age at the buyer’s risk and expense.

7.4 The return of ordered goods deliv­ered in due form is strict­ly not per­mit­ted. In excep­tion­al cas­es return may take place fol­low­ing pri­or agree­ment in writing.

 8. Noti­fi­ca­tion of defects

The buy­er or the recip­i­ent des­ig­nat­ed by the buy­er shall exam­ine the goods on receipt with­out delay. Obvi­ous defects – includ­ing the lack of guar­an­teed qual­i­ties – are to be noti­fied in writ­ing with­out delay at lat­est with­in 14 days of receipt of goods, hid­den defects with­out delay, how­ev­er at lat­est with­in 14 days of dis­cov­ery. Should the buy­er neglect to noti­fy in the prop­er form or with­in the prop­er time-frame, then the goods are deemed approved. The time­li­ness of noti­fi­ca­tion is deter­mined by the point in time of receipt ofsuch noti­fi­ca­tion by us.

9. War­ran­ty

9.1 In the case of legit­i­mate noti­fi­ca­tions of defects, we are oblig­ed to sup­ple­men­tary per­for­mance at our choice either by means of deliv­ery of a flaw­less replace­ment good or by means of rec­ti­fi­ca­tion of defects, where­upon the reject­ed parts become our prop­er­ty. We are enti­tled to decline sup­ple­men­tary per­for­mance in accor­dance with the legal stipulations.

9.2 Should we not ful­fil our oblig­a­tion to sup­ple­men­tary per­for­mance, then the buy­er can at his choice with­draw from the con­tract or reduce the price fol­low­ing his hav­ing set us a rea­son­able peri­od of grace, unless this is super­flu­ous under the legal pro­vi­sions. With­draw­al is how­ev­er exclud­ed in the case of a minor breach of duty, in par­tic­u­lar in the case of minor defects. In the event of with­draw­al, the buy­er is liable for any dete­ri­o­ra­tion, destruc­tion and non-realised usages of the goods not just with respect to due dili­gence but also for every form of accountability.

9.3 Fur­ther enti­tle­ments of the buy­er to com­pen­sa­tion and reim­burse­ment for dam­ages due to or in con­nec­tion with defects or con­se­quen­tial dam­ages caused by a defect, irre­spec­tive of the legal basis, only exist in accor­dance with the stip­u­la­tions in Para­graph 12. In this case too, we are only liable for typ­i­cal and fore­see­able damages.

9.4 Our war­ran­ty deed is not applic­a­ble if defects are not present in the goods deliv­ered by us, that is in par­tic­u­lar if faults are due to vio­la­tions of oper­at­ing instruc­tions, main­te­nance instruc­tions, instal­la­tion instruc­tions, improp­er appli­ca­tion, erro­neous or neg­li­gent han­dling, nat­ur­al wear and tear, inter­fer­ence by the buy­er or a third par­ty to the deliv­ery item or the util­i­sa­tion of non-approved spare parts from third par­ty sup-pliers.

9.5 War­ran­ty claims against us become time-barred at lat­est 12 months after deliv­ery of the goods to the buy­er or to the han­dover loca­tion des­ig­nat­ed byhim.

9.6 In the event of fraud­u­lent non-dis­clo­sure of a fault or the accep­tance of a guar­an­tee with respect to guar­an­teed qual­i­ties, buy­er claims are based sole­ly on the legal stipulations.

10. Terms of payment

10.1 Deliv­er­ies of goods are to payable strict­ly net and exempt from postage and charges at lat­est on the accru­al date dis­played on the invoice, in the absence of such with­in 14 days of the invoice date. After the due date on the invoice has passed, inter­est payable amount­ing to 5% will be charged and fol­low­ing occur­rence of default amount­ing to 8 per­cent­age points above the base lend­ing rate. The day of pay­ment is deemed to be the date of receipt of pay­ment by us or the cred­it­ing of our account. We reserve the right to assert fur­ther claims for dam­ages in the event of delay in payment.

10.2 Cheques offered are only accept­ed based on spe­cial agree­ment and only on a cash basis. Cred­its for cheques are valid sub­ject to receipt with val­i­da­tion of the date on which we can avail of the equiv­a­lent amount.

10.3 Should the pay­ment terms not be observed or cir­cum­stances become known to us, which accord­ing to our best busi­ness judge­ment lead to rea­son­able doubts about the cred­it-wor­thi­ness of a buy­er, also such facts that were present at the con­clu­sion of the con­tract, which were not how­ev­er known to us or need not have been known to us, then we are enti­tled irre­spec­tive of fur­ther legal rights, to request suit­able secu­ri­ties and fol­low­ing the unsuc­cess­ful elaps­ing of a rea­son­able peri­od of grace for the pro­vi­sion of such secu­ri­ties, we are enti­tled to with­draw from the con­tract or to claim dam­ages due to non-ful­fil­ment. Fur­ther­more, we are also enti­tled to pro­hib­it the resale or pro­cess­ing of goods that are in our own­er­ship or to which we have co-own­er­ship and to demand that they be returned to us, or to demand the grant­i­ng of co-own­er­ship at the expense of the buy­er. Such a demand does not imply with­draw­al from the con­tract in as far as this is legal­ly permissible.

10.4 Rights of reten­tion or set-off rights of the buy­er only exist with respect to such coun­ter­claims that are not con­test­ed or are legal­ly estab­lished. We also reserve the author­i­ty to off­set for the event that rec­i­p­ro­cal out­stand­ing debts are payable in dif­fer­ent cur­ren­cies. The applic­a­ble con­ver­sion rate shall be the offi­cial mid­dle rate of for­eign cur­ren­cies on the Frank­furt for­eign cur­ren­cy mar­ket on the day of the set-off statement.

11. Reten­tion of title

11.1 We reserve own­er­ship of our goods until all bills out­stand­ing from the busi­ness rela­tion­ship with the buy­er are set­tled includ­ing demands that will arise in the future as a result of con­tracts agreed at a lat­er point in time and includ­ing any recourse or indem­ni­ty claims from bills and cheques. The same applies to a bal­ance in our favour when indi­vid­ual bills or all out­stand­ing bills are includ­ed in a cur­rent account (on an open item basis) and the bal­ance is struck.

11.2 The buy­er shall insure the goods that are sub­ject to reten­tion of title suf­fi­cient­ly, in par­tic­u­lar against fire and theft. Insur­ance claims with respect to dam­ages to an item that is sub­ject to reten­tion of title are here­by assigned the val­ue of the goods sub­ject to reten­tion of title.

11.3 The buy­er is not per­mit­ted to mort­gage, pledge own­er­ship or com­mit funds with respect to the goods that are under reten­tion of title. The buy­er shall inform us with­out delay of any third-par­ty seizure or any oth­er access of third par­ties to the goods under reser­va­tion of title, as well as the open­ing of insol­ven­cy pro­ceed­ings with respect to his prop­er­ty and oth­er legal­ly rel­e­vant events that could impact on our rights.

12. Dis­qual­i­fi­ca­tion and lim­i­ta­tion of lia­bil­i­ty for com­pen­sa­tion and reim­burse­ment of expenses

12.1 In rela­tion to all claims assert­ed against us for com­pen­sa­tion and reim­burse­ment of expens­es due to a neglect of duty for which we are account­able, irre­spec­tive of the legal basis, in the event of minor neg­li­gence we are only liable with respect to the breach of sig­nif­i­cant oblig­a­tions that endan­ger the sub­ject of a con­tract. In all oth­er respects we are exclud­ed from lia­bil­i­ty for minor negligence.

12.2 In the event of lia­bil­i­ty accord­ing to Para­graph 12.1 and a lia­bil­i­ty inde­pen­dent of neg­li­gence, we are only liable for typ­i­cal and fore­see­able dam­ages. The asser­tion of buy­er claims for use­less expen­di­tures is inadmissible.

12.3 For dam­ages caused by delay, in the event of minor neg­li­gence we are liable up to an amount of 5% of the order value.

12.4 The buy­er decides self-depen­dent­ly on the util­i­sa­tion of the goods oth­er ser­vices deliv­ered by us. If we have not con­firmed in writ­ing spe­cif­ic qual­i­ties and suit­abil­i­ty of the prod­ucts for a con­trac­tu­al­ly spe­cif­ic intend­ed use, then appli­ca­tion tech­nol­o­gy con­sul­ta­tions are non-bind­ing in each case. We are also only liable in com­pli­ance with Para­graph 12.1 for con­sul­ta­tions car­ried out or omit­ted, which do not refer to the qual­i­ties and usabil­i­ty of the prod­uct delivered.

12.5 The exemp­tion from lia­bil­i­ty in accor­dance with Para­graphs 12.1 – 12.4 applies to the same degree for the ben­e­fit of our com­pa­nies, legal rep­re­sen­ta­tives, exec­u­tive and non-exec­u­tive staff and oth­er vic­ar­i­ous agents.

12.6 The reg­u­la­tions in 12.1 – 12.5 do not apply for claims against us in accor­dance with the law for the lia­bil­i­ty for defec­tive prod­ucts – The Prod­uct Lia­bil­i­ty Act – where lia­bil­i­ty exists for dam­ages aris­ing out of death, injury to body or health, and also in the event of accep­tance of guar­an­teed qual­i­ties or in the event of fraud­u­lent non-dis­clo­sure of a defect.

12.7 All claims for com­pen­sa­tion and reim­burse­ment of expens­es against us become time-barred 12 months after deliv­ery of the goods, and in the event of tor­tious lia­bil­i­ty from the point in time of knowl­edge or gross­ly neg­li­gent igno­rance of the cir­cum-stances result­ing in the claim or the per­son of the liable per­sons. This does not apply in cas­es of intent and in the cas­es described in para­graph 12.6.

13. Place of ful­fil­ment, court of juris­dic­tion, applic­a­ble law

13.1 Düs­sel­dorf is the place of ful­fil­ment for all con­trac­tu­al oblig­a­tions. The exclu­sive juris­dic­tion for all dis­putes includ­ing legal action with respect to drafts and cheques is the respon­si­ble court in Düs­sel­dorf. We are how­ev­er also enti­tled to take the buy­er to court at his own gen­er­al court of jurisdiction.

13.2 Sole­ly the laws of the Fed­er­al Repub­lic of Ger­many apply for all legal rela­tions between us and the buyer.

14. Inter­na­tion­al contracts

If the buy­er is based out­side Ger­many, the UN Con­ven­tion on Con­tracts for the Inter­na­tion­al Sale of Goods (CISG) applies with the fol­low­ing spe­cial regulations:

14.1 Alter­ation or can­cel­la­tion of con­tract shall be in writ­ing. This also applies to agree­ments con­cern­ing the waiv­ing of this stip­u­la­tion requir­ing the writ­ten form.

14.2 In the event of deliv­ery of goods con­trary to con­tract, the buy­er is only enti­tled to can­cel the con­tract or to replace­ment deliv­ery, if claims for dam­ages against us are exclud­ed or it is unrea­son­able for the buy­er to utilise the goods that are in breach of con­tract and to claim for the remain­ing dam­ages. In such instances we are first­ly enti­tled to rec­ti­fi­ca­tion of defects. Should the rec­ti­fi­ca­tion of defects fail and/or should this lead to an unrea­son­able delay, then the buy­er is enti­tled at his own choice to declare the can­cel­la­tion of the con­tract or demand replace­ment deliv­ery. The buy­er is also enti­tled to this should the rec­ti­fi­ca­tion of defects cause unrea­son­able incon­ve­nience or should there be any uncer­tain­ty regard­ing the reim­burse­ment of any buy­er expenditure.

15. Par­tial invalidity

In the event of indi­vid­ual terms of this con­tract becom­ing invalid, the remain­ing pro­vi­sions remain ful­ly effec­tive. In lieu of invalid pro­vi­sions, by impli­ca­tion a reg­u­la­tion applies that comes as close as pos­si­ble to the intend­ed spir­it and pur­pose of the invalid clause with­in the bounds of legal pos­si­bil­i­ty. 

 

Düs­sel­dorf, April 2014

We appre­ci­ate your inter­est in our web­site and our com­pa­ny. We can­not assume any lia­bil­i­ty for exter­nal links to exter­nal con­tents despite care­ful con­tent con­trol. The pro­tec­tion of your per­son­al data dur­ing the col­lec­tion, pro­cess­ing and use dur­ing your vis­it on our web­site is impor­tant to us. Your data is pro­tect­ed in accor­dance with all applic­a­ble legal reg­u­la­tions. Here­inafter, you will find infor­ma­tion on what data is col­lect­ed dur­ing your vis­it on our web­site and how it is used:

1. Col­lec­tion and pro­cess­ing of data

Every access to our web­site and each down­load of a file on the web­site are logged. The infor­ma­tion stor­age serves inter­nal sys­tem-relat­ed and sta­tis­ti­cal pur­pos­es. The fol­low­ing infor­ma­tion is logged: name of the file, date and time of retrieval, amount of data trans­ferred, noti­fi­ca­tion of suc­cess­ful retrieval, web brows­er and request­ing domain.

 

2. Use and dis­clo­sure of per­son­al data

If you have pro­vid­ed us with per­son­al data, we will use it only to respond to your inquiries, to process con­tracts con­clud­ed with you and for tech­ni­cal admin­is­tra­tive pur­pos­es. Your per­son­al data will only be dis­closed to third par­ties or oth­er­wise, if it is required for the pur­pose of the con­tract, par­tic­u­lar­ly the trans­fer of order data to sup­pli­ers, if it is nec­es­sary for billing pur­pos­es or if you have giv­en your pri­or con­sent there­to. You have the right to revoke your con­sent with effect for the future at any time. The dele­tion of stored per­son­al data will be con­duct­ed if you revoke your con­sent to stor­age, if it is no longer nec­es­sary to be known in order to ful­fil the pur­pose for which the data was stored or if its stor­age is inad­mis­si­ble for oth­er legal reasons.

 

3. Pri­va­cy State­ment for the Use of Google Analytics

This web­site uses Google Ana­lyt­ics, a web ana­lyt­ics ser­vice pro­vid­ed by Google Inc. (“Google”). Google Ana­lyt­ics uses “cook­ies”, text files that are stored on your com­put­er, to help analyse how users use the web­site. The infor­ma­tion gen­er­at­ed by the cook­ie about your use of this web­site is usu­al­ly trans­ferred to a serv­er of Google in the USA and stored there. In the event of acti­va­tion of the IP anonymi­sa­tion on this web­site, your IP address will be trun­cat­ed with­in Mem­ber States of the Euro­pean Union or oth­er par­ties to the Agree­ment in the Euro­pean Eco­nom­ic Area. Only in excep­tion­al cas­es, the com­plete IP address is trans­mit­ted to a Google serv­er in the USA and trun­cat­ed there. On behalf of the oper­a­tor of this web­site, Google will use this infor­ma­tion to eval­u­ate your use of the web­site, to pre­pare reports on web­site activ­i­ty and to ser­vices relat­ed to the use of the web­site and inter­net to the web­site oper­a­tor. The IP address trans­mit­ted under Google Ana­lyt­ics from your brows­er will not be asso­ci­at­ed with any oth­er data held by Google. You may refuse the use of cook­ies by select­ing the appro­pri­ate set­tings on your brows­er soft­ware; how­ev­er, we point out that you may per­haps not be able to use all fea­tures of this web­site to their full extent in this case. You can also pre­vent the col­lec­tion of data gen­er­at­ed by the cook­ie about your use of the web­site (includ­ing your IP address) to Google and the pro­cess­ing of this data by Google by down­load­ing the brows­er plug-in via the fol­low­ing link avail­able below and installing it: http://tools.google.com/dlpage/gaoptout?hl=de.

4. Right of Information

Upon writ­ten request, we will be hap­py to pro­vide infor­ma­tion about the data stored about you. Safe­ty note: We endeav­our to pro­tect your per­son­al data by tak­ing all tech­ni­cal and organ­i­sa­tion­al pos­si­bil­i­ties so that they are inac­ces­si­ble to third par­ties. When com­mu­ni­cat­ing by e‑mail, com­plete data secu­ri­ty can­not be guar­an­teed, thus we rec­om­mend the deliv­ery by mail for con­fi­den­tial infor­ma­tion. By using this site, you agree to the pro­cess­ing of data about you in the afore­men­tioned man­ner and for the afore­men­tioned purpose.