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Grünberg Kunststoffe GmbHConditions

Delivery and payment conditions in the plastics processing industry.

I.    Applicability

The type and scope of delivery are determined in the order confirmation. Orders only become binding for the supplier when the order is confirmed by the supplier.

Oral side agreements only become legally effective when confirmed in writing by the supplier. Changes and additions must be made in writing.

These terms and conditions also apply to pending and future transactions in which they are not expressly referred to, provided that they have only been received by the customer with an order confirmed by the supplier. The customer's purchasing conditions only bind the supplier if they are expressly accepted by the supplier.


II.    Prices

The prices are ex works, excluding freight, customs, import duties and packaging. Packaging is charged at cost price. If the cost factors change after the offer has been submitted or after the order has been confirmed, the prices and tool cost shares can be adjusted.

The plastic processor (supplier) is not bound to previous prices for follow-up orders.

In the event of late payment, the supplier is entitled to charge default interest of 3% above the current Bundesbank discount rate.

Offsetting and asserting a right of retention are only permitted with the consent of the supplier.

The offer is valid for 6 months.


III.     Delivery period

The delivery period begins after receipt of all documents required for the execution of the order and the agreed down payment. If the customer has supplied reinforcement parts, the period does not begin to run until they have been received.

The delivery period stated in the offer can usually be met if the order is placed immediately; it is only determined precisely when the order is received, but in all cases is only to be regarded as non-binding and approximate. If a binding delivery period is not met, the customer can withdraw from the contract after expiry of a reasonable grace period. Further claims are excluded. Unless specified by the customer, the shipping route and method will be chosen at the best of our discretion.

Partial deliveries are permitted. The supplier reserves the right to make deliveries up to 10% above or below the ordered quantities.

In the case of call-off orders, the supplier is entitled, after 6 months from the date of the order confirmation and setting a 14-day grace period, to obtain acceptance of the quantities not yet called off and to invoice them or to refuse delivery and demand compensation for non-fulfillment.

Events of force majeure at the supplier or its subcontractors extend the delivery time by the duration of their occurrence with a reasonable start-up time. If these last more than 6 months, the supplier can withdraw from the contract.

Force majeure also includes official interventions, energy supply and raw material difficulties, strikes, lockouts, accidents, unforeseeable production difficulties and all other occurrences that make delivery significantly more difficult or impossible.

The delivery time is deemed to have been met with timely notification of readiness for dispatch if dispatch is impossible through no fault of the supplier.


IV.    Retention of title

The supplier retains title to the delivery item until all of its claims against the customer arising from the entire business relationship have been fully met. This retention of title also extends to the new product produced by processing the delivered goods or combining them with other parts. In the case of combinations with third-party material, the supplier acquires co-ownership, which the customer must keep for it. If the customer resells the new product, the purchase price claim to which the customer is entitled from the resale takes its place as a security measure. The reseller (customer) hereby assigns to the supplier the claims arising from such sales, including all ancillary rights. On request, the customer is also obliged to issue the supplier with a written special assignment of these claims. If the securities exceed the supplier's claims by more than 20%, the supplier is obliged to release the excess part of the securities to which it is entitled to the customer. Attachments and other threats to the supplier's property must be reported to the supplier immediately. The costs of interventions are borne by the purchaser.

Failure to comply with the terms of payment or circumstances that become known to the supplier after the respective conclusion and are likely to reduce the creditworthiness of the purchaser result in all of the supplier's claims becoming due and entitle the supplier to only carry out outstanding deliveries against advance payment, to withdraw from the contract after a reasonable payment period or to demand compensation for non-fulfillment by refusing delivery.


V.    Transfer of risk

Even in the case of freight-free delivery, the risk is transferred to the customer at the latest when the goods leave the delivery plant. In the event of delay and dispatch due to the customer's conduct, the risk is transferred to the customer when the customer is notified that the goods are ready for dispatch.

At the customer's written request, the goods will be insured against breakage, transport damage and fire damage at the customer's expense.

VI.  Liability for defects in delivery

  1. The quality and design of the products are determined by the samples which the supplier has submitted to the customer for inspection.
  2. The purchaser bears sole responsibility for the correct structural design of the products and for their practical suitability, even if the supplier advised him during development.
  3. Complaints about defects must be sent immediately, at the latest within 5 days of receipt of the delivery at the destination, otherwise the goods are deemed to have been approved. A defect is the absence of properties that are expressly guaranteed in writing. Complaints about defects do not result in any change to the agreed payment terms. If a complaint about defects proves to be justified, the supplier will replace the goods free of charge by repair or new delivery or will credit the invoice amount or the reduced value. Any further claims by the customer of any kind, in particular for compensation for lost profits or compensation for consequential damages, are excluded. Any goods that are replaced become the property of the supplier and must be returned to him on request and at his expense.
  4. Unauthorized rework will result in the loss of all claims for defects against the supplier.
  5. When receiving acrylic glass deliveries, check them for any damage immediately! Complaints made later cannot be accepted. In particular, transport damage caused by a shipping company or parcel service will not be settled if not reported to the driver immediately.


VII.    Method of payment

  1. The supplier grants a 2% discount for payment within 14 days of the invoice date. The discount is granted on the value of the goods excluding incidental costs. A discount is only permitted if all other invoices due have been paid.
  2. The invoice amount must be paid without deduction within 30 days of the invoice date.
  3. A three-month acceptance (from the invoice date) can be accepted by the supplier immediately after receipt of the invoice by the purchaser, provided that the supplier's bank discounts the bill of exchange immediately. No discount is granted for payments by bill of exchange.
  4. All payments must be made in euros to the supplier, not to agents.
  5. Regarding the reduction in remuneration (Section 14, Paragraph 4, No. 7 UStG/Reduction in remuneration)


VIII.    Tools

  1. For tools (e.g. molds) that are manufactured by the plastics processor or by a third party on behalf of the customer to complete orders from a customer, the customer will be charged a portion of the tool costs. Half of this is to be paid upon ordering and half upon receipt of the sample (even if changes are still necessary) without deduction of a discount. Changes before the tool is completed that result in a delay in the submission of the sample entitle the plastics processor to demand immediate reimbursement of the portion of the tool costs incurred up to that point. If the customer does not place an order for plastic parts in accordance with the offer within 6 months, the plastics processor is entitled to charge the difference between the portion of the tool costs and the full tool costs.
  2. The portion of the tool costs will be reimbursed to the customer in such a way that the invoices for the individual deliveries of goods made from this tool are reduced by 5% of the pure value of the goods, but not more than the total amount of the portion of the tool costs. The customer shall bear the costs for modifications to tools at his request; these will not be reimbursed.
  3. The plastics processor (supplier) carefully stores the tools for reorders, insures them against fire damage and takes care of maintenance. He only bears the costs of replacing tools that have become unusable if he can prove that he was at fault.
  4. Since the tool cost share does not cover the plastics processor's expenses for the design, construction, running-in, ongoing maintenance, care, etc. of the tools, the tools remain the property of the plastics processor; he is not obliged to hand them over. His obligation to keep them expires if no further orders are received from the customer within 2 years of the last delivery.
  5. The tools are used exclusively for orders from the customer. If the customer does not pay for deliveries and services as agreed, the plastics processor can use the tools for other purposes.
  6. Costs for testing equipment, gauges, devices and other special equipment are not included in the tool costs or in the unit prices. If such are required, they must be provided by the customer to the plastics processor free of charge. They remain the property of the customer.


IX.    Intellectual property rights

  1. If the supplier has to deliver according to drawings, models or samples of the customer, the customer is responsible for ensuring that the property rights of third parties are not violated. The supplier must indemnify the supplier against claims from third parties. If the supplier is prohibited from manufacturing or delivering by a third party on the basis of a property right belonging to it, the supplier is entitled - without examining the legal situation - to stop the work and demand reimbursement of the costs incurred.
  2. Drawings and samples provided to the Supplier will be returned upon request; otherwise the Supplier is entitled to destroy them 3 months after submission of the offer.


X.    Place of jurisdiction

The place of performance for all obligations arising from this contract is the registered office of the supplier. The place of jurisdiction for both parties is the local court or regional court in Langen, also for disputes in document, bill of exchange or check proceedings.

Notes on processing and cleaning acrylic glass and polycarbonate 

After processing, the material contains a certain amount of internal stress which can later lead to the formation of hairline cracks, particularly in the presence of solvents and cleaning agents. If the supplied parts are exposed to solvents, including in the form of vapors (e.g. during screen printing), they must be tempered to eliminate internal stress as far as possible. Only use suitable cleaning agents when cleaning.

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