General terms and conditions of application The following conditions apply only to companies, legal entities under public law or a public special assets. I. Application


1. Orders are binding until the order confirmation of the supplier. Changes and additions will be made in writing. All offers are subject to change, unless they are marked as fixed.

2. These conditions apply to ongoing business for future transactions for which no express reference is made, provided they are received by the Purchaser at a previously confirmed by the supplier contract.

3. Terms and Conditions of the customer shall not, unless they are expressly accepted by the supplier.

4. Should individual provisions be or become invalid, the remaining provisions shall not be affected. II prices

5. Prices are in doubt EXW (Incoterms 2010) excluding freight. Customs, import duties, and packing, plus VAT at the statutory rate.

6. If after submission of the tender or confirmation of order for delivery the major cost factors essential to the supplier and the purchaser will agree on an adjustment of prices and cost shares for forms.

7. Is the dependence of the price agreed upon weight of the parts, the final price is calculated from the weight loss of the shared pattern.

8. The supplier is not bound by new orders (= connection requests) to previous prices. III. Delivery and Acceptance duty

9. Delivery periods shall commence upon receipt of all documents required for the execution of the order, down payment and timely materials, if these were agreed. With notification of readiness for the delivery period is observed, even if the delivery is delayed through no fault of the supplier or is impossible.

10. If an agreed delivery period due to the fault of the supplier not adhered to, then, if he has not acted with gross negligence or willful misconduct, justified the exclusion of further claims of the customer after a reasonable grace period to claim compensation for delay or cancel the contract. The compensation is limited to a maximum of 5% of the part of the delivery which is not done according to the contract. Withdrawal is excluded if the customer himself is in default of acceptance. The purchaser has the right to prove greater damage.

11. Appropriate partial deliveries and reasonable deviations from the quantities ordered up to plus / minus 10% are permissible.

12. In-call contract of duration, production quantities and delivery schedules, the supplier may request a binding determination no later than three months after order confirmation. If the purchaser with this request within three weeks, the supplier is entitled to set a two-week period and to withdraw after the expiry of the contract and / or to claim damages.

13. Not met the customer's purchase obligations, without prejudice to any other rights the Supplier is not bound by the rules regarding re-sale, rather can sell the delivered goods upon prior notice to the buyer privately.

14. Events of force majeure entitle the supplier to the delivery by the duration of the hindrance plus a reasonable start-up period or to withdraw from the unfulfilled part of the contract in whole or in part. The Strikes, lockouts or unforeseeable, unavoidable situations, such as breakdowns, which do not enable the supplier to timely delivery despite reasonable efforts, the evidence, the supplier has to perform. This also applies if the aforementioned disabilities during a delay or a subcontractor. The purchaser may require the supplier to explain within two weeks whether he will resign or deliver within a reasonable time. He does not explain himself, the purchaser can withdraw from the unfulfilled part of the contract. The Supplier will notify the customer immediately when a case of force majeure, as set out in clause 1 has occurred. He has to keep the customer damage as low as possible, possibly by the molds for the duration of the disability. IV packaging, shipping, risk and delay in acceptance

15. Unless otherwise agreed, the supplier chooses packaging, shipment and transport.

16. The risk passes to the purchaser at delivery free of charge by leaving the plants. When the purchaser of delays to delivery, the risk already with the release of the shipment.

17. At the written request of the customer will insure the goods at his own expense against him for the risk coverage. V. Retention of title

18. The supplies shall remain the property of the Supplier until all the supplier allocable claims against the customer, even if the purchase price for specially designated claims is paid. When an account is retained title to the delivered goods (reserved goods) shall serve as security for the outstanding balance owed to the supplier. If bill of exchange liability of the Supplier in connection with the payment of the purchase price, the property shall not expire before the bill of exchange by the buyer as drawee.

19. Working or processing by the customer shall the exclusion of property acquisition pursuant to § 950 German Civil Code on behalf of the supplier, and this is, according to the ratio of the net invoice value of his goods to the net invoice value of about treating or processing goods co-owner of the so produced goods which serves as the subject goods to secure the claims of the supplier in accordance with paragraph 1.

20. When processing (combining / mixing) with other goods not belonging goods by the purchaser, the provisions of § § 947, 948 German Civil Code, with the result be that the co-ownership to the Buyer shall at the new thing now as reserved goods under these conditions.

12. The resale of the goods by the purchaser only allowed in the ordinary course of business and under the condition that he also agreed with its customers a retention of title referred to in paragraphs 1 through 3. To dispose of the reserved goods, in particular, charges and security purposes, the purchaser is not entitled.

22. In the event of resale, the customer hereby already now until fulfillment of all claims of the supplier, which may result from the resale or other valid claims against its customers with all ancillary rights to the supplier. The Supplier's request the Purchaser shall promptly give the Supplier all information and documents that are necessary to assert the rights of the supplier to the customers of the purchaser.

23. If the reserved goods are resold by the purchaser after processing in accordance with paragraph 2 and / or 3 together with other goods not belonging to the Supplier, the assignment of the purchase price in accordance with paragraph 5 applies only to the invoiced value of the goods by the supplier.

24. If the value of the existing collateral for the supplier whose total claims by more than 10%, the Supplier is obliged on request of the customer, to release securities at the option of the supplier.

25. Confiscation or seizure of the reserved goods by third parties are reported to the supplier immediately. Resulting intervention costs will in any case be borne by the purchaser, unless they are borne by third parties.

26. If the supplier makes use in accordance with the above provisions, by its retention by taking back the reserved goods, he is entitled to have the goods by private sale or auction. The assertion of title, and in particular a demand to a cancellation of the contract represents the return of goods is made to the proceeds obtained, but not exceeding the agreed contract prices. Further claims for damages, especially lost profits, are reserved. VI. Warranty for Material Defects

27. Relevant for the quality and design of the products, the failure patterns that are presented to the customer upon request by the supplier for testing. The reference to technical standards used in the specification and shall not be construed as a guarantee of quality.

28. If the supplier has advised the customer beyond his contractual obligation, he shall be liable for the functionality and suitability of the Product prior express prior assurances.

29. Complaints must be made immediately in writing. Case of hidden defects, the complaint shall be filed immediately upon discovery. In both cases time-barred, unless otherwise agreed, all warranty claims 24 months after transfer of risk pursuant to § 437 BGB.

30. In case of justified complaint - the shared writing by the purchaser failure patterns determine the expected quality and design - the supplier is obliged to remedy. If this obligation within a reasonable period or if a repair fails despite repeated attempts, the customer is entitled to reduce the purchase price or withdraw from the contract. Further claims, especially for reimbursement of expenses or claims for damages for incidental or consequential damages, exist only in the context of the rules to VII replaced parts be returned upon request to the supplier unfree.

31. Unauthorized re and improper treatment in the loss of all claims for defects. Only to prevent excessive damage or delay in removal of defects through the delivery, the Buyer is entitled, after prior consultation with the supplier and to claim reimbursement of reasonable costs.

32. Wear and tear or from contractual use pulls no warranty and void.

33. Recourse claims pursuant to § § 478, 479 BGB only exist provided that the use was authorized by the consumer and only the legal extent, but not for non-coordinated with the supplier grace arrangements, and set the observe their duties of recourse legitimate, especially the consideration of the duty to report defects. VII General liability limitations in all cases where the supplier is differently bound by the above conditions due to contractual or statutory claims for damages or compensation, he is only liable if it, its officers, or assistants of intent, gross negligence or injury of life, body or health is a burden. This does not affect the fault-based liability under the Product Liability Act or liability for the fulfillment of a guarantee, does not affect the liability for culpable violation of essential contractual obligations, but the liability is so far limited to the foreseeable, typical damage except in cases of S. 1st A change in the burden of proof to the disadvantage of the customer is not associated with the above regulations. Ensuring color variations of the delivery item offers, samples, test or preliminary are possible with the use of recycled plastics. Small inclusions of unmelted hard plastic parts or other non-melting residues resulting from the production and welding burrs are defects in terms of the warranty. Similarly, low dimensional deviations by rotation or contraction of the plastic. VIII Payment

34. All payments must be made in EUR (€) exclusively to the supplier.

35. Unless otherwise agreed, the purchase price payable for supplies or services with a 2% discount within 10 days and without deduction within 30 days of the invoice date. A cash discount has paid all due earlier, undisputed invoices condition. For any exchange payments with no discount is granted.

36. When exceeding the agreed payment date interest at the legal rate of interest charged by 8 percentage points above the base rate of the ECB, unless the supplier can prove a higher damage. The purchaser has the right to prove lower damages.

37. The rejection of checks or drafts shall be reserved. Rediscount bills of exchange and checks are only accepted, all associated costs will be borne by the purchaser.

38. The customer may only set-off or a lien claim, if his claims are undisputed or legally binding.

39. Sustained non-compliance of payment or circumstances which raise serious doubts about the creditworthiness of the customer, have the immediate payment of all claims of the supplier consequence. In addition, the supplier is entitled in this case to demand advance payments for outstanding deliveries and to withdraw after the expiry of a reasonable period of the contract. IX. Forms (tools)

40. The price of molds also includes the cost of one-off sampling, but not the costs for testing and processing devices, as well as prompted by the Customer changes. Cost of further samples for which the supplier is responsible, at its expense.

41. Unless otherwise agreed, the Supplier remains the owner of a contracted third party forms prepared for the purchaser by the supplier itself or. Forms are used only for customer's orders, as long as the customer meets his payment and purchase commitments. The Supplier shall only be obliged to free replacement of these forms if they are required to meet the customer a guaranteed output quantity. The obligation of the supplier to store expires two years after the last delivery of parts from the mold and prior notice to the customer.

42. It is agreed that the purchaser will own the molds, the property goes to full payment of the purchase price for them than for him. The handover of the forms to the purchaser will be replaced by the retention in favor of the purchaser. Regardless of the legal right of restitution, and the life forms of the supplier is entitled to the termination of the contract to exclusive possession. The supplier has the forms to mark as a foreign property and insure on request of the customer's expense.

43. When ordering custom shapes in accordance with paragraph 3 and / or made available on loan by the purchaser forms the liability of the supplier is limited with respect to storage and care to the care which in its own affairs. Costs for maintenance and insurance are the responsibility of the purchaser. The obligations of the supplier go out when, after completion of the order and prompted the Buyer fails to collect the forms within a reasonable period. As long as the buyer has not complied with its contractual obligations to the full extent, the Supplier shall have a lien on the forms in each case. X. Materials provided.

44. If materials supplied by the customer, they are to be delivered at his cost and risk with a reasonable quantity surcharge of at least 5% on time and in perfect condition.

45. Failure to respect these conditions, the delivery time will be extended. Except in cases of force majeure, the Purchaser the additional costs incurred for production interruptions. XI. Industrial property rights and title.

46. If the supplier to deliver in accordance with drawings, models, samples, or using parts supplied by the customer, the customer is responsible for ensuring that rights of third parties are not violated in the country of destination of the goods as a result. The supplier shall inform the purchaser rights known to him. The Purchaser shall inform the Supplier from any claims of third parties and to pay compensation for damages incurred. If this prohibits the production or supply of any third party relying on him a property right, it is the supplier - without examining the legal situation - the work until legal clarification by the purchaser and the third party. Should the Supplier by the delay the continuation of the contract can not reasonably be expected, he is entitled to withdraw.

47. To the supplier Drawings and samples, which have not led to an order will be returned upon request, otherwise he shall be entitled to destroy them three months after submission of the offer. This obligation applies to the purchaser. The party entitled to destroy in time to inform the other party of its intention to destroy before.

48. The Supplier shall be entitled to the copyright and any intellectual property rights, in particular all use and exploitation rights to the third parties designed by him or on his behalf models, molds, equipment, designs and drawings.

49. For all other legal defects are present, this applies to No. VI accordingly. XII. Place of performance and jurisdiction

50. Of performance is the location of the delivery system.

51. Jurisdiction is at the option of the supplier whose head office or the office of the purchaser for documents, bills and checks. Only German law. The application of the United Nations Convention of 11 April 1980 on Contracts for the International Sale of Goods (Federal Law Gazette 1989 p 586) for the Federal Republic of Germany (Federal Law Gazette 1990 p 1477) is excluded.


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