1 These General Terms and Conditions (GTC) apply exclusively to our deliveries and services.
Customer within the meaning of these
An entrepreneur pursuant to Section 14 of the German Civil Code (BGB) who purchases goods or commissions the manufacture of goods or a service shall be deemed to be a contracting party.
Our GTC only apply to entrepreneurs, legal entities under public law or special funds under public law. 2. orders as well as additions and amendments to orders already placed which are not made in writing shall only be binding on us if they are confirmed by us in writing. 3. our GTC apply exclusively; we do not recognize any terms and conditions of the customer that conflict with or deviate from our GTC unless we have expressly agreed to their validity in writing.
Our GTC shall also apply if we carry out the delivery without reservation in the knowledge that the customer’s terms and conditions conflict with or deviate from our GTC. 4. delivery dates stated in offers are only approximate and require final confirmation in the order confirmation in order to become part of the contract.
The prices stated in the offer are fixed prices plus
the applicable statutory value added tax.
5. should it become apparent on the basis of subsequently submitted documents that delivery by us is not possible, we shall be entitled to refuse delivery within 2 weeks of receipt of the order.
Price changes are permissible if there are more than six weeks between the conclusion of the contract and the agreed delivery date. If wages, material costs or marketable cost prices increase thereafter until completion of the delivery, we shall be entitled to increase the price appropriately in line with the cost increases.
The customer is entitled to withdraw from the contract if the price increase significantly exceeds the increase in the general cost of living between the order and delivery.
The withdrawal must be made immediately.
1. the scope of delivery shall be determined by our written order confirmation.
2. we reserve the right to make changes in design or form which are due to improvements in technology or to legal requirements during the delivery period, provided that the delivery item is not significantly changed and the changes are reasonable for the customer.
3. for the execution of orders according to drawings, plans, sketches, handouts, lists or other documents, those provided to us by the customer or his authorized representative shall always apply.
We are not responsible for checking the accuracy of these documents.
We shall bear no responsibility for incorrect information in them, of whatever kind, and shall not be obliged to pay any compensation in this connection.
All specifications made known to us shall apply with the usual tolerances.
Insofar as the documents provided to us are reclaimed, defects of any kind asserted thereafter cannot be recognized if this makes it impossible to check the defects.
4. the use of standards in orders serves only to describe the goods and not as a guarantee of properties.
5. if delivery with test certificates from upstream suppliers is promised, no liability is assumed for the correctness of such test certificates, unless expressly agreed otherwise.
We deliver “EXW ex works Hilden” (INCOTERMS in the current version).
2. the minimum order value is € 100.00 net; lower order values will be charged with a processing fee of € 85.00.
(3) All costs for packaging and transportation, irrespective of the value of the goods, shall be borne by the customer.
4. if there are no special instructions from the customer, we shall be free to choose the transport company under the usual conditions.
5. if acceptance does not take place on time due to the fault of the customer, we shall be entitled, at our own discretion, after setting a grace period of 10 days, either to charge storage[1] or other costs or to withdraw from the contract and claim damages.
The risk shall pass to the buyer after expiry of the grace period.
1. the terms of payment stated in the offer or confirmed by us in writing shall apply exclusively.
2. checks and bills of exchange shall only be considered as payment after they have been cashed.
Acceptance of bills of exchange always requires prior written agreement with us.
If bills of exchange are accepted, the bank charges (discount and collection) will be charged.
They are to be paid immediately in cash.
3. we charge interest on arrears at 8 percentage points above the prime rate.
The assertion of further damages is not excluded.
4. the customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us.
The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
1. the agreed delivery time is subject to correct and punctual delivery to us. 2. the delivery period shall commence with the dispatch of the order confirmation, but not before the customer has provided any documents, approvals, releases to be procured by the customer and not before receipt of an agreed down payment.
The delivery deadline shall be deemed to have been met if readiness for dispatch has been notified or the goods have left the factory by the time the deadline expires. 3. the delivery period shall be extended in the event of industrial action, in particular strikes and lockouts, as well as in the event of unforeseen obstacles beyond our control, e.g. operational disruptions and/or delays in the delivery of essential materials, insofar as such obstacles can be proven to have a significant influence on the delivery of the goods.
This also applies if the circumstances occur at subcontractors.
The delivery period shall be extended in accordance with the duration of such measures and hindrances.
We shall not be responsible for the aforementioned circumstances even if they occur during an already existing delay.
We shall notify the customer immediately of the beginning and end of such hindrances.
4. partial deliveries are permissible within the delivery periods specified by us, insofar as this does not result in disadvantages for use.
If the customer requests compensation instead of performance or withdrawal from the contract due to a failure to deliver, we must first be given a 4-week period to make up for the delivery.
The period shall commence on the day on which we receive the notification by registered letter, fax or e-mail.
Prior to the expiry of the subsequent delivery period, claims of the buyer due to late delivery are excluded.
If we are prevented from fulfilling our obligation due to the occurrence of external, external circumstances which we could not foresee and avert despite taking unreasonable care in the circumstances of the case – regardless of whether they occurred in our supplying plant or at our subcontractor – e.g. disruptions of operations, labor disputes, official measures or cases of force majeure, and if delivery becomes impossible as a result or if, taking into account the content of the obligation and the principle of good faith, the performance of the service is grossly disproportionate to the buyer’s interest in performance and we invoke this, we shall be released from performance.
If delivery does not become impossible, the delivery time shall be extended by a reasonable amount if the above circumstances exist.
Withdrawal from the contract is excluded unless the delay in delivery is expected to last longer than 6 months.
If the customer withdraws from a placed order without justification, we may demand 10% of the sales price for the costs incurred in processing the order and for loss of profit, without prejudice to the possibility of claiming higher actual damages.
The customer reserves the right to provide evidence of lower damages.
1. the customer is obliged to accept the goods.
Unless otherwise agreed, handover shall take place in Hilden. 2. the customer is entitled to inspect the goods at the place of delivery within two weeks of receipt of a notification of readiness or other notification.
The customer is obliged to accept the delivery item within the same period, unless he is temporarily prevented from accepting the goods through no fault of his own. 3. if the customer remains in arrears with the acceptance of the goods for longer than two weeks from receipt of the notification of readiness for delivery, either intentionally or through gross negligence, we shall be entitled, after setting a grace period of a further two weeks, to withdraw from the contract or to claim damages for breach of duty.
It is not necessary to set a grace period if the customer seriously or finally refuses acceptance or is obviously unable to pay the purchase price within this period.
4. the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover, in the case of sale by dispatch upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.
If the customer is in default of acceptance, this shall be deemed equivalent to handover.
1. in the event of a defect, we reserve the right to choose subsequent performance.
If we seriously and finally refuse performance or if we refuse to remedy the defect and subsequent performance due to disproportionate costs and this has objectively failed, the customer may, at his discretion, only demand a reduction of the remuneration (reduction) or rescission of the contract (withdrawal). 2. the warranty period shall always be one year.
The limitation period in the event of a delivery recourse according to §§ 478, 479 BGB remains unaffected.
This shall not apply to claims for damages due to defects.
Section 13 shall apply to claims for damages due to a defect. 3. the customer does not receive any guarantees from us in the legal sense. 4. obvious defects must be reported to us in writing two weeks after receipt of the goods; otherwise the assertion of the warranty claim is excluded.
Timely dispatch shall suffice to meet the deadline.
The customer shall bear the burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect. 5. if the customer chooses to withdraw from the contract due to a material defect or defect of title after subsequent performance has failed, he shall not be entitled to any additional compensation for damages due to the defect. If the customer chooses compensation for damages after subsequent performance has failed, the goods shall remain with the customer if this is reasonable. Compensation shall be limited to the difference between the purchase price and the value of the defective item. This shall not apply if we have maliciously caused the breach of contract. 6. in the case of a contract for work and services, the customer as the ordering party shall be entitled to the rights in accordance with the statutory provisions after a deadline has been set/subsequent performance has been unsuccessful or if the subsequent performance is unreasonable for the customer. 7 In the event of a warranty claim, the customer shall be responsible for keeping defective parts at our disposal until we declare their further use and for returning them to us at our expense on request.
If this is not done, any warranty is excluded if this makes it impossible to inspect the parts. 8. complaints about partial deliveries do not entitle the customer to refuse fulfillment of the entire contract. 9. only our description shall be deemed agreed as the quality of the goods or the work.
Our public statements, promotions or advertising do not constitute a contractual statement of quality. 10. minor deviations from the technical specifications shall only constitute a defect if the usability and performance of the goods or work is more than insignificantly restricted as a result.
Our claims for payment shall lapse after five years.
1. our liability for contractual breaches of duty and for tort is limited to intent and gross negligence.
This does not apply to injury to life, limb and health of the customer, claims for breach of cardinal obligations, i.e. obligations which arise from the nature of the contract and the breach of which jeopardizes the achievement of the purpose of the contract, as well as compensation for damages caused by delay (§ 286 BGB).
In this respect, we are liable for any degree of culpability. 2. the aforementioned exclusion of liability shall also apply to slightly negligent breaches of duty by our vicarious agents.
3. insofar as liability for damages not based on injury to life, body or health of the customer is not excluded for slight negligence, such claims shall become statute-barred within one year from the date on which the claim arises or, in the case of claims for damages due to a defect, from the date on which the item is handed over. 4. to the extent that our liability for damages is excluded and limited, this shall also apply with regard to personal liability for damages and our employees, workers, staff, representatives and vicarious agents. 5. the customer’s claim for damages against us shall be limited in amount to the typically occurring damage.
The customer’s claim for damages against us does not include contractual penalties or similar agreements which the customer agrees with third parties in connection with our performance.
Anything to the contrary shall only apply if the customer informs us in writing in good time in advance of the risk of such an agreement and we nevertheless carry out the transaction in view of the risk, which we would not be obliged to do in this case.
1. we reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. 2. in the event of breach of contract by the customer, in particular default in payment, we shall be entitled to withdraw from the contract and demand the return of the goods. 3. the customer shall be entitled to resell the delivery items in the ordinary course of business; however, he hereby assigns to us all claims in the amount of the (net) invoice amount, irrespective of whether the delivery items are resold before or after processing or mixing with third-party property.
We accept the assignment.
The customer is authorized to collect these claims after their assignment.
We reserve the right to collect the claim ourselves as soon as the customer does not properly meet his payment obligations and is in default of payment.
In this case, the customer must immediately provide us with all information and documents required for collection and notify the debtors (third parties) of the assignment.
4. the handling and processing of the goods by the customer shall always be carried out in our name and on our behalf.
If the goods are processed or mixed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the goods to the other processed or mixed items at the time of processing or mixing.
5. the customer shall hold the co-ownership for us.
6. the customer may neither pledge the goods nor assign them as security.
The customer must notify us immediately of any seizure, confiscation or other dispositions by third parties and provide us with all information and documents necessary to safeguard our rights.
Enforcement officers or third parties must be informed of our ownership.
7. we undertake to release the securities to which we are entitled at the request of the customer, insofar as they exceed the value of the claims to be secured, insofar as these are outstanding, by more than 20%.
1. the law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. 2. place of performance is Hilden. 3. the exclusive place of jurisdiction for all disputes arising from this contract is our head office in Hilden. The same shall also apply if the customer has no general place of jurisdiction in Germany or if his domicile or usual place of residence is unknown at the time the action is brought. We are also entitled to sue at the customer’s head office. 4. legally relevant declarations and notifications which the customer must make to us or a third party must be made in writing. The transfer of rights and obligations of the customer arising from the contract concluded with us shall require our written consent in order to be effective. 5 Should one or more provisions of the contract with the customer, including these GTC, be or become invalid, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision is hereby deemed to be replaced by a new, valid provision which fulfills the same legal and economic purpose as far as possible. The same applies to an unseen loophole in these provisions.
1. principles We draw the customer’s attention to the fact that European and German foreign trade law applies to the transfer/export of goods (goods, software, technology) and to the provision of services (e.g. assembly, maintenance, servicing, repairs, instruction/training, etc.) with a cross-border connection in order to fulfill the contractual obligation and that the individual deliveries and technical services may be subject to export control restrictions and prohibitions.
This applies in particular to so-called armaments and dual-use goods.
The relevant legal provisions are, in particular, Regulation (EC) No. 428/2009 (EC Dual-Use Regulation) and its annexes, the Foreign Trade and Payments Act (AWG), the Foreign Trade and Payments Ordinance (AWV) and its annex (Part I Section A and B of the German Export List), as amended.
In addition, there are European and national embargo regulations against certain countries and persons, companies and organizations that may prohibit the delivery, provision, transfer, export or sale of goods and the provision of services or make them subject to approval.
The customer acknowledges that the above-mentioned legal provisions are subject to constant changes and adaptations and are to be applied to the contract in their respective valid version.
The customer undertakes to recognize and comply with the European and German export control regulations and embargo regulations, in particular if the customer is affected by a re-export requirement of a permit issued to us by the export control authority.
We shall inform the customer of any such requirement at the latest prior to shipment/export.
The customer further undertakes not to sell, export, re-export, deliver, pass on or otherwise make accessible the delivered goods either directly or indirectly, indirectly or directly to persons, companies, institutions, organizations or countries, if this violates European or German export regulations or embargo regulations.
Upon request, the customer is obliged to provide us with appropriate and complete information on the end use of the goods or services to be delivered, in particular to issue so-called end-use documents (EUCs) and to send them to us in the original in order to be able to check the end use and the intended purpose of the goods or services to be delivered and to be able to prove this to the competent export control authority.
2. withdrawal, compensation by us If any necessary export or transfer licenses or other foreign trade permits or approvals are not granted by the competent authorities or not granted in good time or if there are other obstacles to the performance of the contract or delivery due to the customs, foreign trade and embargo regulations to be observed by us as exporter or transferor or by our suppliers, we shall be entitled, without prejudice to other rights, to withdraw from the contract or from the individual delivery or service obligation. This shall also apply if corresponding obstacles under export control and embargo law – e.g. due to a change in the legal situation – only arise between the conclusion of the contract and the delivery or performance of the service or when asserting warranty rights and make it temporarily or permanently impossible to perform the delivery or service because the necessary export or shipment licenses or other foreign trade permits or approvals are not issued or revoked by the competent authorities or other legal obstacles arise due to customs, foreign trade and embargo law. transfer licenses or other approvals or releases under foreign trade law are not granted or are revoked by the competent authorities or other legal obstacles due to customs, foreign trade and embargo regulations to be observed prevent the performance of the contract or the delivery or service.
Section 13 shall apply to any claims for damages on the part of the customer for this reason.
Color display with digital display of the target and actual values of Vulcanizing time and vulcanizing temperature
Display of the remaining curing time (timer)
Signal tone after the vulcanization time has elapsed
WATCH” data logging system
Precise temperature measurement in the heating plates via PT100
Temperature difference monitoring with ±2.5°C of all connectedconnected heating plates
Controller tolerance approx. 1% of the set value (e.g. at 145°C approx. 1.5°C)
Switch cabinet for 1 or 2 pairs of heating plates (2 or 4-fold), Input 32 or 63A
Connection of electric pressure pumps for three-phase current
Manual operation possible
Electrical connections according to CEE, Harting (UL/CSA)
Applicable directives DIN EN, DIN VDE, IEC
Optionally also available with the data logging system “SPLICE-
WATCH” data logging system
