General Terms and Conditions (GTC)
§ 1 Validity of the conditions
These General Terms and Conditions (GTC) apply to all our business relationships with our customers (hereinafter: "Customer"). The GTC only apply if the Customer is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law.
The GTC apply in particular to contracts for the sale and delivery of movable goods ("goods"), irrespective of whether we manufacture the goods ourselves or purchase them from suppliers (§§ 433, 650 BGB). Unless otherwise agreed, the GTC shall apply in the version valid at the time of the customer's order or, in any case, in the version last notified to the customer in text form - as a framework agreement also for similar future contracts without our having to refer to them again in each individual case.
3. these general terms and conditions can be viewed at: www.plastipol-scheu.de
§ 2 Offer and conclusion of contract
Our offers are subject to change and non-binding. This also applies if we have provided the customer with catalogues, brochures, circulars, advertisements, price lists, cost estimates, technical documentation (e.g. drafts, sketches, calculations, illustrations, drawings, standards), other product descriptions or documents - also in electronic form.
The order of the goods by the customer shall be deemed to be a binding offer of contract. Unless otherwise stated in the order, we are entitled to accept this contractual offer within 14 days of its receipt by us. Acceptance may be declared either in writing, in text form (e.g. by order confirmation) or by delivery of the goods to the customer.
§ 3 Prices
Unless otherwise agreed, the prices shall apply to the scope of services and deliveries listed in the order confirmations .Additional or special services shall be charged separately. The prices are quotedin EURO (€) ex works (including loading at the works), plus the currently valid statutory value added tax.
2 Additional costs for packaging, transport including unloading, insurance, customs, fees, taxes or other public charges shall be borne by the customer. These will be charged separately if necessary.
Insofar as the agreed prices are based on our list prices and the delivery isto take place more than two months after conclusion of the contract (in particular because the customer has provideda vehicle or an assembly site late), our list prices valid at the time of delivery shall apply. If the original price should increase by more than 20%, the customer may withdraw from the contract.
§ 4 Payment
Invoice amounts are to be paid within 30 days after delivery of the goods without any deduction. without any deduction, unless otherwise agreed in writing or text. agreed in writing or text. The date of payment shall be determined by the date of receipt by us.
In the case of new business relations or unfavourable information regarding the customer, we reserve theright to deliver against cash in advance or cash on delivery.
3. in the case of outstanding invoices of the customer, payments shall be deemed to cover the oldest due claim in each case.
(4) We shall be entitled to perform or render outstanding deliveries or services only against advance payment or the provisionof security if,after the conclusion of the contract , webecome aware of circumstances whichare likely to substantially reduce the creditworthiness of the customerand as a result of which the payment of our outstanding claims by thecustomer under the respective contractual relationship (including under other individual orders to which the same framework agreement applies) isjeopardised.
5. if the customer does not meet his payment obligations, we shall be entitled to declare the entire remaining claim due immediately .Pursuant to Section 286 (3) of the German Civil Code (BGB), default shall be deemed to have occurred if payment is not made within 30 days of the due date and receipt of an invoice or equivalent payment schedule .In this case, we shall also be entitled to refuse deliveries and services still incumbent upon us until the customer has effected counter-performance or has provided sufficient security forthe outstanding deliveries and services .
§ 5 Scope and type of delivery, packaging, technical modifications
The scope of delivery shall be determined according to our specifications in the order confirmation. Subsidiary agreements and changes require our confirmation, in writing or in text form.
2 Disposable packaging will not be taken back by us and must be disposed of properly by the customer.
3. if the shipment is made by means of a EURO pallet and no exchangeable pallet is available on the part of the customer, this can be invoiced at € 25.00, plus the currently valid statutory VAT.
4. we have the right to make technical changes in the sense of technical progress, including design changes to our products, if this does not impair the technical functions or if this is customary in the trade and reasonable for the customer. However, we shall not be obliged to make such changes to products already delivered. Thecustomer cannot derive any rights fromthis.
§ 6 Delivery period and delay in delivery
The delivery period shall be agreed individually or stated by us upon acceptance of the order. order. The delivery dates stated by us (delivery CW) refer to the respective dispatch of the goods. It is therefore not the receipt of goods by the customer.
If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (non-availability of the goods or services), we shall inform the customer of this without delay and at the same time inform him of the expected new delivery deadline. If the goods or services are also not available within the new delivery period, we shall be entitled to withdraw from the contract in whole or in part. In this case, we will immediately refund any consideration already paid by the customer.
The occurrence of our delay in delivery shall be determined in accordance with the statutory provisions. In any case, however, a written reminder by the customer isrequired .
§ 7 Delivery, Transfer of Risk, Acceptance, Default of Acceptance
1. delivery is made ex warehouse, which is also the place of fulfilment for the delivery delivery and any subsequent performance. At the request and expense of the and at the expense of the customer, the goods shall be shipped to a different (sale by delivery to a place other than the place of performance). Unless otherwise agreed, we are entitled to choose the shall be entitled to determine the type of dispatch (in particular the transport company, shipping route, packaging) ourselves.
The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon handover. In the case of sale by delivery to a place other than the place ofperformance ,however, the riskof accidental loss and accidental deterioration of the goods as well as the risk of delay shallalready pass upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment .If acceptance has been agreed, this shall be decisive for the transfer of risk . Inall other respects ,the statutory provisions of the law on contracts for work and services shallalso apply mutatis mutandis to an agreed acceptance . Thehandover or acceptance shall be deemed equivalent if the customer is in default of acceptance.
If the customer is in default of acceptance, fails to cooperate or if our delivery is delayed for other reasons for which the customer is responsible, we shall be entitled to demandcompensation for theresulting damage including additional expenses (e .g.storagecosts ).
§ 8 Transfer of risk, force majeure
(1) The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon handover or from the time atwhich the customer is in default of acceptance for the first time .However, in the case of sale by delivery to a place other than the place ofperformance , the riskof accidental lossand accidental deterioration of the goods as well as therisk of delay shall already pass upon delivery of the goods to the forwarding agent, the carrier or any other person or institutiondesignated to carry out the shipment .
(2) Serious events, such as in particular force majeure, industrial disputes, riots, armed or terrorist conflicts, pandemics (e.g. COVID-19), which entail unforeseeable consequences for the performance of services, shall release us from our performance obligations for the duration of the disruption and to the extent of its effect, even if we should be in default . Anautomatic termination of the contract is not associated withthis .We are obliged to notify the customer of such an impediment and to adjust our obligations to the changed circumstances in good faith.
§ 9 Retention of title
(1)We retain title to the goods sold until all our present and future claims arising from the purchase contract and an ongoing business relationship (secured claims) have been paid in full.
2. the goods subject to retention of title may neither be pledged to third parties nor transferred to third parties before full payment of the secured claims.
be assigned as security. The customer must notify us immediately in writing or in text form if and to the extent that third parties seize thegoods belonging to us.
In the event of conduct by the customer in breach of contract, in particular in the event of non-payment of the purchase price due, we shall be entitled to withdraw from the contract in accordance with thestatutory provisions and/or todemand surrender of thegoods on thebasis of the reservation of title. The demand for return doesnot at the same time include the declaration of withdrawal .Rather, we areentitled only to demand the return of the goods and toreserve the right of withdrawal. If the customer does not pay the purchase price due, we may only assert these rights if we have previously set thecustomer a reasonable deadline for payment without success or if setting such a deadline is dispensable according to the statutory provisions.
§ 10 Product monitoring and product warning obligation
1 In order to protect himself and the end customer from dangers of all kinds, the customer has the obligation to continuously monitor the safety of our products (product monitoring obligation). (product monitoring obligation). If it becomes apparent that dangers emanate from the product, the customer shall be obliged to inform us us of this immediately in writing or in text form. text form. (product warning obligation).
2. insofar as claims are asserted against us by third parties due to a breach of the product monitoring and/or product warning obligation, and this breach of the product monitoring and/or product warning obligation is attributableto a breach of its product monitoring and product warning obligation for which the customer isresponsible ,the customer shall compensate us for thedamage incurred byus due to its breach of obligation .
§ 11 Claims for defects of the customer
(1)The statutory provisions shall apply to the rights of the customer due to material defects and defects of title ( including wrong delivery and short delivery as well as improper handling by the customer), unless otherwise stipulated below. In all cases, thespecial statutory provisions shall remain unaffected in the case of final delivery of the goods to a consumer (supplier recourse pursuant to §§ 478, 479 BGB) .If the delivery items are used items, all warranty claims shall be excluded unlessexpressly agreed otherwise inwriting or in text form .
2. the customer's claims for defects presuppose that he hasfulfilled his statutory obligations to inspect and give notice of defects (§§ 377, 381 HGB) .If a defect becomes apparent during the inspection or later, wemust be notified of this in writing without delay . Thenotification shall be deemed to bemade without delay if it ismade within one week , whereby timely dispatch of the notification shallsuffice to meet the deadline . Irrespective of this obligation to inspect and give notice of defects, the customer shallnotify us inwriting or in text form of obvious defects (including incorrect and short deliveries) within one week of delivery , whereby timely dispatch of thenotification shallalso suffice to meet the deadline. Ifthe customer fails to duly inspect the goodsand/or give notice of defects, our liability for the non-notified defectshall be excluded.
If the delivered item is defective, we may initially choose whether to provide subsequent performance by remedying the defect (rectification) or by delivering a defect-free item (replacement). Our right to refusesubsequent performance under the statutory conditions remains unaffected.
We are entitled to make the subsequent performance owed dependent on the customer paying the remuneration due .However, the customer is entitled toretaina part of the remuneration that is reasonable in relation to the defect .
(5) If the supplementary performance has failed or if a reasonable deadline to be set by the customer for the supplementary performance has expired unsuccessfully or is dispensable according to the statutory provisions, the customer may withdraw from the purchase contract or reduce the purchase price . Inthe case of an insignificant defect, however, there is no right of withdrawal.
§ 12 Liability
(1) Unless otherwise provided in these GTC including the following provisions, we shall be liable for a breach of contractual and non-contractual obligations in accordance with the statutory provisions.
§ 13 Limitation of claims for defects
(1) Claims for material defects and defects of title shall become statute-barred, irrespective of the legal grounds, upon expiry of 12 months after delivery of theproducts to the customer. Insofar as acceptance has been agreed, the limitation periodshall begin with acceptance.
§ 14 Applicable law, contractual language, German version
(1) These GTC as well as the entire legal relationship between us and the customer shall be governed by the laws of the Federal Republic of Germany to theexclusion of all references to other legal systems and international treaties. The application of UN sales law is excluded.
The contractual language is German.
Only the German-language version of these GTC is binding. Any foreign language versions are for information purposes only.
§ 15 Place of performance, place of jurisdiction
Unless expressly agreed otherwise, our registered office in Merenberg shall be the place of performance . If we are also liable for assembly or other services that can only be provided on site, the place of performance forthese services shall be the place where the assembly or other service isto be provided.
If the customer is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or a special fund under public law, theexclusive (including international) place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be our registered office in Merenberg . Thesame applies if the customer is an entrepreneur within the meaning of § 14 BGB.
Plastipol-Scheu GmbH & Co. KG
Industrial road 9
Limburg Register Court, HRA 950
Personally liable partner:
Plastipol-Scheu GmbH Merenberg
Register court Limburg, HRB 6773
Managing Director: Matthias Wentzek
Issue status 06/2022