General Terms and Conditions

1. Validity of the terms

By placing an order, the buyer accepts the terms of sale, delivery and payment as binding. The buyer’s terms of purchase shall not apply, even without express objection.

2. Delivery and shipment

Delivery is made for the account and at the risk of the buyer ex works or ex distribution warehouse. Unless specified, the method of shipment is at the company’s discretion, and the buyer bears the costs.

Any liability for carriers is excluded. In the event of delayed delivery, a claim for damages exists only in cases of gross negligence, up to the amount of the delivery value. A right of withdrawal exists after a delay of four weeks and the expiry of a further grace period.

Shortages of raw materials, energy or labour, strikes, force majeure and official orders release the company from its obligation to deliver. In the event of increases in raw material or energy costs of 20% or more, the company may withdraw from the contract in whole or in part.

The obligation to deliver is suspended while the buyer has outstanding liabilities. Partial deliveries are permitted; over- or under-deliveries of up to 10% (or 15% for custom-made products and small quantities below €300) are allowed.

Goods ordered on call must be accepted no later than three months after the date of provision. Thereafter, they may be delivered and invoiced without notice.

Samples and specimens are deemed to be non-binding examples for inspection. For small quantities (fewer than 30 packaging units), a small-quantity surcharge is reserved for items outside the standard range.

3. Terms of payment

Unless otherwise agreed, payment upon receipt of goods is generally made within 14 days with a 2% cash discount or within 30 days net, calculated from the invoice date.

A cash discount on new invoices is not permitted as long as older amounts due remain unpaid. If payment deadlines are exceeded, default interest is charged at the usual bank interest rates. Payments by bill of exchange require consent and are deemed to have been made only once honoured. Bank, discount and collection charges are reimbursed to the buyer.

4. Complaints

Complaints must be made within 14 days of receipt of the goods. Hidden defects must be reported within 3 days of discovery, but no later than 6 months after delivery.

In the case of acknowledged defects, the goods will be taken back and, as agreed, replaced or their equivalent value refunded. Any further claims are excluded. Claims for damages by the buyer are expressly excluded.

5. Retention of title

The goods delivered remain the property of the company until all claims have been paid in full, including those arising from previous or future deliveries.

6. Credit limit

An appropriate credit limit may be agreed with the buyer. If it is exceeded, the company is entitled to renegotiate the terms of delivery. Separately agreed terms of payment do not affect the credit limit.

7. Warranty and liability

No guarantee can be given that the products are suitable for the intended purpose. Instructions for use and recommendations from the advisory service are non-binding and do not release the buyer from carrying out their own tests and trials. No liability is accepted for damage, including with regard to third-party property rights.

8. Place of jurisdiction

The place of jurisdiction for disputes is the company’s registered office. The company may also sue the purchaser at the court of the purchaser’s place of residence. The place of performance is the registered office.

Should individual terms be invalid, this shall not affect the validity of the remaining terms.

Version: 1 January 2015