The following terms and conditions serve to ensure the proper execution of the contractual relationship in the interest of both parties.
1. Conclusion of contract
Contractual components for the execution of all contracts are:
- our written offer,
- our general terms and conditions and
- the provisions of the German Civil Code (BGB) and the German Commercial Code (HGB), as well as customary trade practices.
General terms and conditions of the customer are excluded insofar as they are in conflict with these terms and conditions.
Deviating conditions or verbal promises shall only be valid if confirmed in writing and shall only apply to the individual case.
2. Delivery time
The delivery time is calculated from the day of the order confirmation or order acceptance until the dispatch of the goods. If the delivery period is exceeded due to events unforeseeable by us (e.g. delay in the procurement of materials, operational disruptions, transport delays, strike, etc.), this shall release us from compliance with the agreed delivery period. In such cases, the delivery period shall be reasonably extended. In the case of fixed-date transactions, the purchaser has the right to withdraw from the contract after a granted period of grace has not been met. Further claims are excluded.
Shipment shall be at the risk of the orderer. Insurance against damage in transit shall only be taken out if the orderer expressly requests this and covers the costs for this insurance.
Deviations from the delivery bill or invoice must be notified to us in writing immediately upon receipt of the goods. Damage occurring in transit must be reported to the carrier without delay.
If goods ready for shipment are not called off for reasons for which the customer is responsible, we shall be entitled to invoice the goods immediately and to demand payment before delivery. Furthermore, we may demand storage costs in the amount of 2% of the invoice amount p.a.
Quality and dimension specifications of the purchaser are conscientiously observed. We are not responsible for deviations that are not due to technical production reasons. We guarantee optimum processing, but are not liable for deviations in dimensions and weight resulting from the technical properties of the plastic.
Minor deviations in the number of pieces (± 10 percent of the order quantity) in executed orders cannot always be avoided and do not lead to any claims by the customer.
Complaints must be notified by the customer in writing within 14 days, whereby we must be given the opportunity to inspect the delivered goods. We will then either remedy the defect or make a replacement delivery. Further claims are excluded.
The prices quoted are binding and do not include packaging and transport costs.
The costs for a return and disposal of the packaging are also not included in the prices.
If our cost price increases by more than 10% in the period between acceptance and execution of the order, we shall be entitled to withdraw from the contract without the customer being able to assert any claims arising therefrom. This also applies to successive or partial delivery contracts.
If the purchaser does not accept the full number of units on which the calculation is based, we shall be entitled to charge a surcharge for reduced quantities.
6. Terms of payment
Unless otherwise expressly agreed, invoices are to be paid within 30 days of the invoice date. Tooling cost invoices are generally to be paid immediately without deduction.
In the case of larger orders or orders extending over a longer period of time, we are entitled to demand partial payments.
Payments are considered to have been made when credited to our account and are generally credited against the oldest debt, even if the purchaser has stipulated otherwise.
If the payment deadline is exceeded, we are entitled to charge interest at a rate of 8% above the applicable prime rate.
7. Reservation of proprietary rights
Deliveries are made under reservation of property rights according to § 455 BGB. The goods remain our property until full payment.
Claims which the customer obtains against third parties from further processing or sale of the goods shall be assigned to us by the customer in the amount of our claims (extended reservation of title).
8. Participation of the customer
The use of models, molds and tools of the Purchaser shall be at the Purchaser's expense, which shall include shipment, maintenance, modification or replacement. In the event of damage to machinery caused by defective molds, the customer shall compensate us for the damage. If the molds are stored by us without order for more than 5 months, we are entitled to charge storage costs. If we produce molds, models or other devices on behalf of the customer, the costs are to be covered by the customer. In the event that warranty claims exist in this respect, we shall assign our claims against the manufacturer of these parts. Further claims against us are excluded.
If the production is carried out according to the customer's instructions, the customer shall assume sole liability for any infringement of patent rights or copyrights, protection of utility models, etc.
Insofar as we advise the customer, we shall exercise all possible care for the benefit of our customer. However, claims for damages cannot be derived from advice.
Suggestions for improvements to the design of products which we submit to the purchaser may not be made available to third parties. Any drawings and documents shall remain our property and shall be returned upon request.
8. Place of fulfillment and jurisdiction
Place of fulfillment and exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Mönchengladbach. German law shall apply to the contractual provisions.