TERMS AND CONDITIONS

§1 General - Scope of application

Our sales conditions apply exclusively; We do not recognize conditions of the customer that contradict or deviate from our sales conditions, unless we have expressly agreed to their validity in writing. Our conditions of sale also apply if we carry out the delivery to the customer without reservation in the knowledge of conflicting or deviating conditions of the customer.

Our offers and cost estimates are non-binding and subject to change.

Contracts with us are only concluded when we have accepted orders / purchase orders that have been received, confirmed declarations of acceptance in writing or provided the requested services. The same applies to changes, additions and ancillary agreements to contracts.

We are only obliged to provide deliveries and / or services that have been expressly specified in our offers and / or cost estimates.

In the production of plastic molded parts, there may be too little or too little quantities due to manufacturing reasons. If this is the case, we are entitled to deliver excess or short quantities of 10% of the ordered quantity without the customer being able to object to this. Something different only applies if the customer expressly states in the order that he does not want any excess or short delivery.

Excess or insufficient quantities of up to 10% of the ordered quantity have no influence on the agreed price.

We reserve the property rights and copyrights to all drawings and other documents made available to our customers. Without our consent, our documents may not be used in any other way, in particular not copied or made available to third parties. They are to be returned to us immediately upon request.

The agreed tool costs for the production of the tool are basically to be understood as proportional tool costs and are to be seen independently of the value of the goods. They do not include intellectual and constructive performance, running-in, ongoing maintenance, care, insurance, storage, etc. The tools remain our property. The customer can only request the tools to be returned if this has been expressly agreed in advance.

If the customer does not place an order for parts in accordance with the order within 6 months, we are also entitled to invoice the difference between the agreed tool costs and the actual tool costs.

There is basically no obligation to keep the tools after the last delivery.

If larger quantities are called up and accepted than planned when the contract was concluded, the customer shall bear the costs for the overhaul or for the new construction of the tools.

If we deliver according to drawings, models and samples or using parts provided by the customer, the customer is responsible for ensuring that third party property rights are not violated. He has to exempt us from third party claims and to compensate us for any damage caused by infringement of property rights.

§ 2 Prices, price changes

The prices are ex works excluding the respective statutory value added tax. Any costs incurred for packaging, transport, insurance and commissioning will be charged separately by us, as will sales tax at the respective statutory rate.

The agreed remuneration applies. In the case of continuing obligations as well as deliveries or services that are provided later than 4 months after the conclusion of the contract, a price increase (price adjustment) is permitted.

§ 3 Payment

All payments are to be made to us by our customers within 8 days of the invoice date without deduction, but no later than 30 days from the date of the respective invoice without deduction. Unless expressly agreed otherwise.

Payments by bill of exchange are only permitted by special agreement.

In addition, bills of exchange and checks are always accepted on account of payment, but not in lieu of payment, and bill charges and bill tax are borne by the client. In the event of a check or bill of exchange protest, the contractor can step by step demand immediate payment by returning the check or bill of exchange, also for the papers and claims due later.

In the event of default in payment, the resulting interest and other costs must be reimbursed.

The interest is 8 percentage points above the base rate according to § 1 of the Discount Transition Act of June 9th, 1998, unless the client can provide evidence of lower damage.

The above conditions also apply to payments for partial deliveries.

If, after the conclusion of the contract, it becomes apparent that our payment claim is jeopardized by the customer's inability to perform, we can refuse the service and give the customer a reasonable period of time in which to pay for delivery or to provide security step by step. If the customer refuses or the deadline expires without success, we can withdraw from the contract and claim compensation for non-performance.

§ 4 Delivery and service times

We are always careful to strictly adhere to delivery times. Deadlines and dates specified by us are only binding if they have been expressly agreed in writing as binding. The deadlines specified by us begin on the date of our written declaration of acceptance or confirmation, in the case of the necessary cooperation by the customer with the receipt of the declaration of acceptance by the customer, but not before all commercial and technical details have been determined.

The envisaged period is extended appropriately if the contract with our customer is changed or if the customer does not meet his obligations to cooperate in good time. Force majeure and other extraordinary, sovereign measures and traffic disruptions, regardless of whether they have occurred with us or our suppliers, release us completely from delivery for the duration of their effects even with bindingly agreed deadlines and dates and, if they lead to the impossibility of performance - and obligation to perform, without the customer being able to derive claims for damages from this. Any agreed contractual penalty is also deemed not to have been forfeited under these circumstances.

If the service owed by the contractor is necessarily delayed due to serious circumstances for which he is not responsible (e.g. labor dispute or other unavoidable events), any agreed delivery period will be extended by the duration of the delay and an appropriate disposition surcharge to resume work .

The contractor will inform the client immediately of the delay. If the delay lasts longer than 3 months, either party to the contract can withdraw from the contract without damage.

The contractor has the right to deliver partial quantities at any time.

§ 5 Retention of title

Delivered items remain the property of the contractor until the remuneration has been paid in full and all claims arising from the business relationship have been settled. The contractor undertakes to release the securities to which he is entitled, as far as their value exceeds the claims by more than 20%.

The client is obliged to notify the contractor immediately in writing of any seizure of the goods subject to retention of title and to inform the pledgee of the retention of title.

The client is entitled to process and sell the reserved goods in the ordinary course of business, as long as he is not in default. Pledges, donations or security deposits are not permitted. In the event of a resale, the client's claims against his customer are already now assigned to the contractor and the client undertakes to submit or make up for all necessary declarations. The contractor is authorized to collect the assigned claims.

The authorization to resell does not apply if an assignment prohibition exists or has been agreed between the client and his customer. Furthermore, the resale authorization can be revoked if the client does not properly meet his obligations towards the contractor.

If the items are resold on credit, the client has to reserve ownership of the goods to his buyer. The client hereby assigns to the contractor the rights and claims arising from this reservation of title against his customer.

If the objects of retention of title are built into the property of a third party by the client or on behalf of the client as essential components, the client already now asserts any claims against the third party or the person concerned for remuneration in the amount of the value of the objects of retention of title all ancillary rights, including the granting of a security mortgage, to the contractor.

If items of retention of title are built into the client's property as an essential component, the client hereby assigns to the contractor the claims arising from the sale of the property or property rights in the amount of the value of the items of retention of title with all ancillary rights.

§ 6 Warranty

In the case of justified complaints, the contractor has the choice of either repairing the defective delivery items or services or delivering a replacement item to the customer against return of the item in question.

If a replacement delivery is impossible, fails or is refused, the client can demand a corresponding price reduction or, at his option, demand that the contract be canceled.

Offsetting with claims or returns other than undisputed or legally established claims are not permitted without prior mutual written agreement. Insignificant, reasonable deviations in the dimensions and designs, in particular in the case of repeat orders, do not entitle to complaints, unless the observance of dimensions and colors has been expressly agreed.

Any further claims, in particular for damages, contractual penalties or lost profit, are excluded, unless they are based on an intentional or grossly negligent breach of contract by the contractor or his legal representative or vicarious agent.

This does not apply to damage resulting from injury to life, limb or health that is based on the defect.

The limitation period for claims for defects is 12 months, calculated from the transfer of risk, unless a longer warranty is given in the product information.

§ 7 Construction works

For construction works (work on construction) including assembly, the procurement and contract regulations for construction works (VOB) Part B: General contractual conditions for the execution of construction works in the version valid at the time the contract is concluded.

§ 8 Data protection

The customer agrees that we can save the customer data required for the business relationship and the individual contracts in the IT system and use it for our own purposes.

§ 9 Place of performance

The place of performance for deliveries and services is our registered office.

§ 10 Place of jurisdiction / applicable law / contractual rights

The exclusive place of jurisdiction for both parties for all disputes arising directly or indirectly from the contractual relationship - including from documents, bills of exchange and checks - is Papenburg, if the customer Is a merchant, legal entity under public law or public law special fund. However, we remain entitled to sue the customer at the courts responsible for his place of residence or business.

The law of the Federal Republic of Germany. The application of the UN sales law is excluded.

§ 11 Severability Clause

If any of the above contractual provisions have not become part of the contract in whole or in part or are not effective, the rest of the contract remains in effect.