General Terms and Conditions
General terms and conditions of ISO-TECH Kunststoff GmbH:
The terms and conditions of business used by us are exclusive and will apply in any case unless we have expressly agreed to differing conditions of sale. In all other cases we do not accept deviating conditions. This also applies if we deliver unconditionally to the customer with knowledge of the deviating regulations. Our terms and conditions apply only to companies in terms of § 310 Abs. 1 BGB as well as for all future transactions between the contracting parties.
Our offers are non-binding; contractual binding occurs only with the receipt of our written order confirmation.
Our prices are ex works excluding freight and packaging. These will be invoiced separately. Our prices in offers and order confirmations are net prices. Price changes of any kind that arise due to incalculable fees and charges (customs duties, taxes, etc.) entitle us to pass them on to the customer, unless we were able to calculate them before the contract was concluded. The same applies in the case of unpredictability of collectively agreed wage increases and price changes by upstream suppliers, which come into effect after conclusion of the contract.
Our invoices are due within 30 days net without deduction from the date of invoice. If payment is received within fourteen days of the invoice date, we grant a discount of 2%. If the customer is in default, we are entitled to demand default interest in the amount of 8% above the respective base rate. With appropriate proof, we are also entitled to assert any further damage caused by delay.
Payments can also be made by presenting a check. Those payments are made on account of fulfillment. Payments by bill of exchange are not permitted. If higher costs are incurred for payment by check, the orderer must bear these.
A set-off with claims of the customer takes place only insofar as the counterclaims are legally established. These are equal to undisputed and accepted claims. The exercise of rights of retention only takes place with existing counterclaims from the same contractual relationship.
We have the right to set off claims that we have against the customer, even if our claim is not yet due. In this case, we will reimburse the purchaser the interest differential of 5% per annum. A different method of payment (cash payment on the one hand, acceptance on the other hand) does not exclude the possibility of netting.
If there are reasonable doubts about the purchaser’s solvency, we are entitled to demand collateral and / or advance payments for outstanding services. This also applies if the customer is in default of payment. Furthermore, we are authorized to make all claims from the business relationship due immediately. Further claims remain unaffected. If a security deposit or advance payment is not paid after reminder, we can withdraw from the contract and / or claim damages for non-performance.
5. Delivery time
Delivery times are determined by weeks. In order to comply with the delivery times, it is necessary but also sufficient if the readiness to ship has been notified by the expiry of the delivery date or the delivery item has left the factory. If construction documents, models, samples or the like are necessary for the execution of the order, the delivery time begins with their access.
Should the delivery time be postponed based on incalculable risks and force majeure such as industrial disputes, unpredictable delivery bottlenecks by third parties or other events that delay delivery, the delivery time shall be delayed according to the duration of the obstacle. If the delays last longer than six months, each party is entitled to withdraw from the contract. Further claims do not exist for this case.
A suspension of the delivery obligation is also permitted if the customer is in arrears with a performance obligation from the existing business relationship. If the supplier defaults on delivery, the purchaser is entitled to assert a delay damage starting from the second week. It amounts to a flat rate of 1% of the delivery value. The supplier will be deprived of having to prove that damage caused by delay did not occur or did not occur at its height. If the purchaser sets the supplier a deadline with a threat of refusal, he shall be entitled to withdraw from the contract after unsuccessful expiry of the deadline.
If the customer is in default of acceptance or if he violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred, including any additional expenses. In this case, the risk of accidental loss or accidental deterioration of the purchased item passes on to the purchaser at the time in which he is in default of acceptance.
6. Scope of delivery
The scope of delivery is determined by our written order confirmation. We reserve over or under deliveries of up to 10% of the ordered quantity.
7. Transfer of risk
Unless otherwise stated in the order confirmation, delivery is agreed “ex works”. This also applies in the event that the transport is made by us.
8. Retention of title
The delivered goods remain the property of the supplier until the full payment of claims including future ones. This also applies if individual or all our claims have been included in a current account and the balance has been drawn and recognized. Under the condition of a proper business transaction, the customer is entitled to resell the reserved goods. In the event that the customer violates his contractual obligations, the authorization can be revoked. In the event of cancellation, the supplier is entitled to claims for return against the customer. Insofar as an insolvency petition has been filed for the assets of the customer and in the event of suspension of payment by the customer himself, the revocation shall be deemed pronounced. The assertion of the retention of title as well as the seizure of the delivery items by us shall not be considered a withdrawal from the contract, unless this is stated in writing by us.
If the purchaser resells the goods, regardless of any further processing, the purchaser assigns to us all claims arising between him and the third party. The amount of the claim depends on the gross sales price. The assignment has no influence on the collection of the purchaser’s claim against the third party. Our right to collect the claims ourselves remains unaffected. However, it will not be exercised as long as the customer is not in default of payment. In the case of collection by us, the customer is obliged to provide us with all information and hand over data that is necessary for recovery.
At the request of the customer, we will release security interests at our discretion if and to the extent that their value exceeds our claims by 20%.
9. Warranty – Limitation of Liability
If the customer does not meet his inspection and complaint obligations, he loses his warranty claims if he does not inspect the goods for defects within 6 days after receipt of the goods and complains. This also applies to hidden defects. For such a notice obligation is determined after knowledge of the lack of 8 days.
The warranty is excluded in case of improper use or commissioning by the customer or third parties as well as other damage-causing elements that are not attributable to the fault of the supplier.
The warranty period is one year, starting from the transfer of risk moment.
Insofar as we are responsible for a defect in the purchased goods, the purchaser has to set a period for supplementary performance in order to assert his rights. We are entitled to choose between remedying the defect or replacing it. In the case of removal of defects, we bear only half of the material, transport and labor costs, and the costs of installation and construction measures.
If supplementary performance is not provided due to circumstances for which we are responsible, the purchaser is entitled to the right of change and reduction. The supplier is entitled to accomplish the supplementary performance by a replacement delivery. The assertion of claims for damages is excluded. This does not apply to intent and gross negligence as well as injury to the body or health.
The breach of essential contractual obligations only triggers claims for compensation insofar as the damage was foreseeable. In this case, we are liable for any form of negligence, however, the amount is limited to the foreseeable damage and in maximum the order value is being replaced. Further damages (e.g. due to loss of profit) are not paid. The limitations of liability and disclaimers in the above points do not apply to claims that have arisen because of malicious conduct on our part, as well as in a liability for claims under the Product Liability Act and damages resulting from injury to life, limb or health. Insofar as our liability is excluded or limited, this also applies to our employees, representatives and vicarious agents. The above mentioned limitation period of one year shall apply, insofar as it does not concern claims arising from the producer’s liability.
10. Place of performance and jurisdiction
Unless otherwise stated in our order confirmation, the place of performance is Ahaus. Place of jurisdiction is Ahaus. However, we are entitled to sue the purchaser at his place of residence.
11. Applicable law
For all legal relationships with the purchaser German law shall apply excluding the laws of international purchase, even if the purchaser has its registered office abroad.
Status of these Terms and Conditions
Ahaus, den 01.08.2013
In case of differences between the German original version of the General Terms and Conditions and the above written English translation, the content of the German original version always applies. You can find a bilingual version of the General Terms and Conditions in our download section.