General Terms and Conditions of Sale, Delivery and Payment POLYMELT GmbH
- Scope of application
(1) Our deliveries, services and offers are made exclusively on the basis of these general terms and conditions of sale, delivery and payment. The conditions also apply to all future business relations, even if they are not expressly agreed upon again. These terms and conditions shall be deemed accepted at the latest upon receipt of the goods or services.
(2) Deviations from these terms and conditions shall only be effective if confirmed by us in writing.
(1) Offers are subject to change and non-binding until the conclusion of the contract. Declarations of acceptance require our written confirmation to be legally effective.
(2) Drawings, illustrations, dimensions, weights or other performance data are only binding if this is expressly agreed in writing.
- Data and documents
(1) Technical documents such as drawings, descriptions, illustrations, any specifications of dimensions, properties or weights as well as references to standards are for information purposes and do not include any warranties of properties. POLYMELT reserves the right to make corresponding changes where it appears appropriate in the sense of technical progress. The same applies to corresponding information in brochures, price lists and advertising material, etc.
(2) All technical documents remain the intellectual property of POLYMELT and may only be used for the agreed purposes or those specified by POLYMELT.
Our prices are ex works plus freight and value added tax, insurance as well as other additional costs unless otherwise agreed. The prices valid on the day of dispatch are decisive. If these have increased compared to the time of conclusion of the contract, the buyer is entitled to withdraw from the order within 14 days after notification of the price increase; the right of withdrawal does not exist if the price increase is based on an increase in value added tax.
- Delivery and transfer of risk
(1) Delivery ex works.
(2) The risk shall pass to the buyer as soon as the goods have been handed over to the transport company or have left our works and warehouse. This also applies if we bear the transport costs. Complaints due to transport damage must be made by the buyer directly to the transport company within the special deadlines provided for this purpose. The conclusion of transport or other insurances is left to the buyer.
(3) If dispatch becomes impossible through no fault of our own, the risk shall pass to the buyer upon notification of readiness for dispatch.
- Delivery time and hindrances
(1) Binding delivery dates require our express agreement. We are entitled to make partial deliveries and render partial services at any time. We may issue partial invoices for the corresponding deliveries or services.
(2) Compliance with our delivery and performance obligations is subject to the timely and proper fulfilment of the buyer's obligations.
(3) Unforeseen operational disruptions, delivery delays or delivery failures on the part of our suppliers, shortages of labour, energy or raw materials, strikes, lockouts, difficulties in procuring means of transport, traffic disruptions, official decrees and cases of force majeure shall release us from the obligation to deliver for the duration of their effects. We shall inform the buyer immediately of the occurrence of such a case. If delivery is delayed by more than one month as a result, the buyer shall be entitled to withdraw from the contract with regard to the quantity affected by the disruption in delivery, to the exclusion of all further claims.
(4) Our obligation to deliver shall be suspended as long as the buyer is in default with a due payment. If the goods are to be accepted gradually within a certain period of time, the acceptance shall be distributed evenly over the entire period. There shall be no claim to subsequent delivery of such quantities for which the buyer is more than 14 days in arrears with the call-off or acceptance. The same shall apply to quantities which we have not delivered due to arrears in payment by the buyer. Our other rights shall not be affected thereby.
(5) If the delivery period is culpably exceeded, the buyer may, to the exclusion of further rights, withdraw from the contract or claim damages after expiry of a reasonable grace period to be set by him in writing. However, claims for damages by the buyer due to delay and/or non-performance shall be limited in amount to the invoice value of the quantity of goods not delivered or not delivered on time, unless we have unlimited liability due to intent or gross negligence in accordance with mandatory statutory provisions.
- Moulds, tools and equipment
The generally applicable mould law in the plastics processing industry of the GKV is part of our general terms of delivery and payment.
(1) Our invoices are due for payment within a period of 30 days from the date of invoice. The receipt of money on our account is decisive for the timeliness of payment.
(2) Cheques or bills of exchange shall only be accepted on account of performance. Discount charges and costs shall be borne by the buyer. We do not assume any liability for timely presentation and litigation.
(3) In the event of default, we shall be entitled to charge interest in the amount of the credit costs to be paid by ourselves, but at least in the amount of 3% above the respective reference interest rate of the European Central Bank. We reserve the right to claim further damages. In case of default in payment as well as justified doubts about the solvency or creditworthiness of the buyer, we are entitled - without prejudice to our other rights - to demand advance payments for outstanding deliveries as well as to make all outstanding - including deferred - invoice amounts due immediately and to demand immediate payment or the provision of security against the return of bills of exchange accepted on account of performance.
(4) The buyer waives the assertion of a right of retention from earlier or other transactions of the current business relationship. He may only set off counterclaims which are undisputed or have been established by a court of law.
- Retention of title
(1) The delivered goods shall remain our property until all claims arising from the business relationship have been paid. The retention of title shall also remain in force if our claims are included in a current account or the balance is struck and recognised.
(2) The buyer is entitled to dispose of the goods owned by us in the ordinary course of business as long as he fulfils his obligations from the business relationship with us in due time. Pledges or transfers of ownership by way of security are not permitted.
(3) If our goods are processed by the buyer, we shall be deemed to be the manufacturer and shall acquire ownership of the newly created goods. If the processing takes place together with other materials, we shall acquire co-ownership in the ratio of the invoice value of our goods to that of the other materials.
(4) If, in the event of our goods being combined or mixed with an item belonging to the buyer, the latter is to be regarded as the main item, co-ownership of the item shall pass to us in the ratio of the invoice value of our goods to the invoice value or - in the absence of such - to the market value of the main item. In such cases, the buyer shall be deemed to be the custodian.
(5) In the event of conduct by the buyer in breach of contract - in particular default of payment - we shall be entitled to take back the goods subject to retention of title or, if applicable, to demand the assignment of the buyer's claims for return against third parties. Our taking back or seizure of the goods subject to retention of title does not constitute a withdrawal from the contract.
(6) All claims arising from the sale of goods to which we are entitled to ownership rights are hereby assigned to us by the buyer as security to the extent of our ownership share in the goods sold.
(7) At our request, the buyer shall provide us with all necessary information on the stock of goods owned by us and on the stock of all claims assigned to us from the sale of goods to which we are entitled to ownership rights, and shall inform his customers of the assignment. If the value of the securities exceeds our claims by more than 20%, we shall release securities of our choice at the buyer's request.
- Notification of defects and warranty
(1) The delivered goods must be checked immediately for quantity and quality. Shortages and visible damage are to be reported to the carrier/forwarding agent (statement of facts).
(2) The buyer must check whether the delivered goods are of the contractually agreed quality and suitable for the intended use. If this inspection is omitted, not carried out to the required extent or if recognisable defects are not reported to us immediately, at the latest, however, within 8 days after receipt of the goods, the goods shall be deemed approved with regard to such defects. Defects which are not recognisable shall be deemed to have been approved if they are not reported to us immediately after their discovery, but no later than 6 months after delivery of the goods at the place of dispatch. Complaints must be made in writing, stating the order data. Goods may only be returned with our express consent.
(3) We shall comply with a timely notice of defect by the buyer at our discretion by rectification or replacement delivery. If the rectification or replacement delivery is not possible or if we do not succeed in rectifying or replacing the goods within a reasonable period of time or if we culpably refuse or delay the rectification or replacement delivery, the buyer shall be entitled to demand cancellation of the contract or a reduction in the purchase price.
(4) If lower qualities (not 1A qualities) are expressly sold, the warranty is excluded unless the delivered goods deviate from the agreed lower quality.
(5) Liability for normal wear and tear as well as for defective storage, maintenance or use is excluded.
- Liability and withdrawal
The buyer may only claim damages or withdraw from the contract in the cases and to the extent expressly stipulated in these terms and conditions; any further liability on our part - irrespective of the legal grounds, including breach of ancillary contractual obligations and tort - is excluded, unless we have unlimited liability due to intent or gross negligence in accordance with mandatory statutory provisions. Our liability under the Product Liability Act and other claims arising from producer liability shall remain unaffected.
Claims of the customer arising from the contractual relationship or in connection with its execution, irrespective of the legal grounds, in particular also from completed reduction, withdrawal, positive breach of contract or similar, shall become statute-barred at the latest 6 months after they have arisen, unless expressly provided otherwise in these terms and conditions.
- Place of jurisdiction, applicable law and partial invalidity
(1) The place of jurisdiction, also for actions on cheques and bills of exchange, is Kaufbeuren.
(2) The national law of the Federal Republic of Germany shall apply to these general terms and conditions of sale, delivery and payment as well as to the entire legal relationship between the Buyer and us.
(3) Should a provision in these terms and conditions of sale, delivery and payment or a provision within the scope of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.
- Data protection according to DSGVO
(1) POLYMELT processes the personal data concerning you for the fulfilment of the contract or for the implementation of pre-contractual measures as well as for consulting, information and marketing purposes. Without this data POLYMELT cannot conclude or fulfil the contract with you and cannot pass on the claim of high service quality to you.
(2) In order to fulfil the above-mentioned purposes, it is necessary to pass on your personal data to internal and external service providers (authorities and public bodies, banks, insurance companies, transport and delivery services). The aforementioned third parties are commissioned by POLYMELT as order processors within the meaning of Art. 28 DSGVO and are obliged to guarantee data security in accordance with Art. 24 and 32 DSGVO.
(3) Your data will only be processed within the EU.
(4) POLYMELT stores the personal data concerning you exclusively within the framework of legal obligations.
(5) Every customer who passes on personal data to POLO- PLAST has a right to information according to Art. 12/13 DSGVO, information according to Art. 15 DSGVO as well as to correction or deletion of personal data and restriction of processing according to DSGVO. In the event of a complaint, you may contact the competent authority. To satisfy your data subject rights, please use the following e-mail address firstname.lastname@example.org.