The type and scope of delivery are "determined in the order confirmation. The following terms of delivery and payment shall apply to any delivery to be made by the supplier. Verbal collateral agreements shall only become legally effective upon written confirmation by the Supplier. Offers made by the supplier are not binding. A delivery contract shall only be concluded upon submission of the order confirmation.
These terms and conditions of delivery and payment correspond to the terms and conditions of delivery and payment customary in the plastics processing industry and thus regulate the relationship between the Purchaser and the Supplier in accordance with commercial practice.
1. 50 % of the price for tools and molds shall be paid by the purchaser net without cash discount at the time of the order and 50 % after receipt of the reference samples. If tools are not expressly offered at a fixed price, the price quoted shall be deemed to be an indicative price, i.e. the exact tool costs cannot be quoted until the design drawings have been completed.
2. For finished goods:
a. The supplier shall grant a 2% discount for payment within 10 days. The discount is granted in each case on the delivery price excluding ancillary costs. Payments shall be credited against the oldest debt in each case, i.e. cash discount shall only be granted if all previous invoices have been settled.
b. Within 30 days from the date of invoice, the delivery price including incidental costs shall be paid without deduction.
c. Acceptances will only be accepted on the basis of a special agreement and on account of payment.
3. Prices are ex works, excluding freight, customs and packaging. Packaging will be charged at cost price. In the case of freight-free return of boxes or reusable packaging, a credit note will be issued for 2/3 of the invoiced value.
4. All payments are to be made in EURO to the supplier, but not to representatives.
5. In the case of deliveries abroad, the statutory provisions and the agreement corresponding to you shall apply.
6. The delivered goods including packaging remain the property of the supplier until the invoice has been paid in full.
7. If the financial situation of the Purchaser deteriorates considerably, or if such deterioration becomes known subsequently, or if the Purchaser is more than 14 days in arrears with an agreed payment, or if judicial insolvency proceedings are instituted against the Purchaser, all outstanding claims shall become due for immediate payment.The supplier is entitled to change the terms of payment for still running claims in these cases.
1. Press, injection molding or other molds made by the supplier himself or by a third party on his behalf are in principle his property in view of the supplier's design performance, but are used exclusively for orders of the purchaser. Any other use shall require an express agreement between the Supplier and the Purchaser. The costs of manufacturing the moulds shall be borne by the Purchaser.
2. The supplier shall carefully store and maintain the molds for repeat orders. He shall not be liable for damage occurring despite proper handling. He shall bear only those costs of maintenance which arise from normal wear and tear of the molds. His obligation to keep the moulds shall expire if no further orders are received from the Purchaser within two years of the last delivery.
3. The supplier is not obliged to accept follow-up orders and is not bound by the prices agreed on the first or a previous order.
4. In the event that the Purchaser fails to pay for the goods delivered to it or fails to pay on time, the Supplier may continue to use the moulds intended for this order as it sees fit.
5. The above conditions concerning molds shall not apply in the case of molds belonging to the supplier for common and usable items.
IV. Industrial Property Rights
1. If the Supplier has to deliver items according to drawings, models or samples provided by the Purchaser, the Purchaser shall warrant to the Supplier that the manufacture and delivery of the items do not infringe any third party industrial property rights.
2. If the Supplier is prohibited by a third party from manufacturing and delivering items produced according to drawings, models or samples of the Purchaser on the basis of an industrial property right belonging to the third party, the Supplier shall be entitled - without being obliged to examine the legal situation - to discontinue the manufacture and delivery and to demand reimbursement of the costs incurred, to the exclusion of all claims for damages of the Purchaser.
3. The Purchaser undertakes to indemnify the Supplier without delay against any claims for damages. For all direct and indirect damages arising from the infringement and assertion of any property rights at all, the Purchaser shall pay an appropriate advance at the Supplier's instigation.
4. Samples or drawings submitted will only be returned on request. If an order is not placed, the supplier is permitted to destroy samples and drawings three months after submission of the offer.V.Reinforcement parts
V. Reinforcement parts
1. If reinforcement parts, e.g. metal parts to be pressed in or injected, are delivered by the Purchaser, the Purchaser shall be obliged to deliver them free Supplier's works with a surcharge of 5 % for any rejects, on time, in perfect condition and in such quantities that the Supplier is able to process them without interruption..
2. In the event of late or insufficient delivery of reinforcement parts, the Purchaser shall be obliged to reimburse any additional costs incurred as a result. In such cases, the Supplier reserves the right to interrupt production and to resume it at a later date.
VI. Delivery time
1. The delivery period shall commence upon receipt of all documents required for the execution of the order and the agreed down payment. If the purchaser has to supply reinforcement parts, the period shall not begin to run before their receipt.
2. The delivery period stated in the quotation can usually be met if the order is placed immediately; it will only be determined precisely when the order is received, but in all cases it is to be regarded only as non-binding and approximate. In the absence of instructions from the purchaser, the route and place of dispatch shall be chosen at our best discretion.
3. Partial deliveries are permissible.
4. The supplier reserves the right to deliver up to 10% more or less than the ordered quantities.
5. If a delivery period has not been agreed, the supplier shall be entitled to demand acceptance (of the goods) three months after the date of the order confirmation with a fourteen-day period or to withdraw from the contract and claim damages. If acceptance is demanded, immediate payment may be required, even before completion of the goods. If the goods have already been completed and acceptance is demanded, they shall be stored from then on at the Supplier's premises for the account and risk of the Purchaser.
6. Force majeure shall release the Supplier from the performance of the contract for the duration of the impediment; if it lasts for more than six months, the Supplier may withdraw from the contract.
7. Force majeure shall also include accidents and all other causes which result in a partial or complete stoppage of work, such as shortage of materials, shortage of operating supplies, transport difficulties in the energy supply, operational disruptions in the Supplier's own operations or those of its suppliers.
8. If the supplier has not withdrawn from the contract in accordance with paragraph VI, 5, the purchaser remains obliged to accept the goods despite the delayed delivery.
9. If the Purchaser does not take delivery of the full number of items ordered, the Supplier shall be entitled to charge a surcharge for reduced quantities.
VII. Transfer of risk
1. Even in the case of carriage paid delivery, the risk shall pass to the customer at the latest when the goods leave the supplier's works. In the event of a delay in dispatch due to the purchaser's conduct, the risk shall pass to the purchaser upon notification that the goods are ready for dispatch.
2. Breakage of the delivered goods does not entitle the purchaser to rescission or reduction. The packaging shall be carried out carefully. Upon written request of the purchaser, the goods will be insured against breakage, transport and fire damage at his expense.
VIII. Liability for defects of the delivery
1. The quality and design of pressed and injection-molded goods shall be determined by the average failure samples which the Supplier has submitted to the Purchaser for inspection.
2. The Purchaser shall be solely responsible for the correct design of pressed, injection-molded and other plastic parts as well as for their practical suitability with regard to shape and material, even if the Purchaser was advised by the Supplier during the development.
3. Notices of defects shall be sent immediately and at the latest within 10 days after receipt of the delivery at the place of destination. They shall not cause any change in the agreed terms of payment. The Purchaser shall return the defective goods at the Supplier's request. If a notice of defect proves to be justified, the Supplier shall provide a replacement free of charge. Any further claims of the Purchaser are excluded.
IX. Retention of title
The goods remain our property until full payment.
X. Place of jurisdiction
1. Place of performance for all rights and obligations is the place of business of Ring-Plastik GmbH & Co. KG. Place of jurisdiction is Altomünster.
2. German law is valid under exclusion of the UN-purchase right (CISG).
3. By placing an order, the customer accepts these terms and conditions of delivery and payment as solely authoritative.
4. in the case of subsequent orders, the supplier's reference to these terms and conditions shall be sufficient to make them solely authoritative for the subsequent order.
Status of the terms of delivery and payment: April 2016