Terms and conditions of delivery and payment

1. Delivery
These conditions of sale shall apply, unless the parties have agreed otherwise in writing. Any deviating terms of the customer as well as additions are only binding for us if they are confirmed in writing by us. With the placing of the order or acceptance of delivery the customer acknowledges our terms of sale. The delivery time is specified to our reasonable discretion, it is non-binding. A commitment to compliance with agreed delivery is applied only when confirmed preliminary fixed date. We reserve the rights in particular with force majeure, labor disputes or other unavoidable events with us or our suppliers, that delays, prevents or makes unreasonable for, the manufacture, delivery or acceptance. This frees of us, for the duration of the disturbance of the obligation where delays of more than 8 weeks, shall entitle both parties readily to resign. Claims for damages due to delay, impossibility and failure to comply are excluded, if we are not at least guilty of gross negligence. The liability provisions of subsection 5 shall apply mutatis mutandis. Irrespective of the place, the goods are dispatched to the consignee's risk. If the goods are ready for dispatch and the dispatch is delayed from which we are not responsible for, the risk is transferred to the customer upon receipt of notification of readiness for shipment. The shipment becomes at this point as agreed. At known circumstances, the doubt to justify the credit-worthiness of the customer, we may require payment in advance, making our deliveries of collateral depending on or withdraw from the contract. If the purchaser despite our reasonable period of the goods sold in whole or in part, then we are entitled to secede by a written communication to us concerning the unanswered portion and without judicial involvement of the contract and to demand compensation for damage from non-performance by the customer. Delivery overruns or late delivery entitles the purchaser not to withdraw from the contract or to the refusal of acceptance.


2. Orders
Orders are deemed to be accepted only if they are confirmed in writing by us. The written confirmation is decisive for the scope. More or under-deliveries are customary in the industry and entitle not to the complaint or refusal of acceptance. Framework with retrieval rates, special arrangements must be made. Goods on demand are taken prior to the express appointment position to put into production only after the customer gives the deadline explicitly. Full or partial cancellations and date provisions will not be accepted after the start of production.


3. Reservation of proprietary rights
Goods only become the property of the buyer, if he has fully met its liabilities from the mutual business relations. The same applies if we are to third parties in an exchange liability in connection with a business relationship. We are entitled to take back the goods delivered under reservation of ownership without further ado, if the customer does not fulfill contract obligations immediately after the first warning. In the repossession of the goods, a withdrawal from the contract only exists if we declare this expressly in writing. In addition, reconditioned goods taken back only in current condition based on the customer's delivery will be credited. Our property extends to the products resulting from the processing of the reserved goods products up to their full value. Processing with goods of third parties whose ownership remains; we shall acquire a co-ownership in the ratio of the invoice value of the processed goods. The buyer, without to derive any claims against us shall act when processing for us. The customer will keep goods carefully, preferably separately for us, and properly insure against loss of or damage at his own expense. He assigns, claims this with receipt with all from the resale of the reserved goods devoted rights to us. We hereby accept this assignment. The purchaser is not entitled to pledges, security transfers or other burdens of our goods. Upon resale, he has to make the transfer of ownership of the full payment of the goods by his customers. Factoring agreements require our prior consent. In the event of a claim, purchaser upon request, he has to open without restrictions to lay open assignments to us and to supply all the necessary information and documents. The Purchaser should notify us immediately of any access to the goods by third parties, in particular in the event of attachment of our reserved goods. Should the total value of the goods under retention exceed the total amount of our claims by more than 20%, we shall be obligated to release excess collateral of our choosing.


4. Payment
Our selling prices as well as all quotations, sales and calculations are in EURO, at the factory, excluding value added tax (VAT). We charge for packaging, freight and postage costs separately. Invoices are payable up to 14 days at 2% discount. Otherwise, readily payable net within 30 days of the invoice date and free of charges payable. Exceeded payment shall entitle us to charge due default interest, in the amount of the respective discount rate of the Deutsche Bundesbank, plus 4% per annum on the final amount of the invoices and plus €10 for each reminder. We reserve the right to claim of further damages caused by delay. Against our claims, the customer can only offset or assert a right of retention if the customer's counterclaims are uncontested or a legal enforcement title directed against us. Bills of Exchange and cheques are accepted only for receipt of the full amount. We reserve the right to accept of foreign currency or bond (bill). Costs and discount charges shall be at the expense of the purchaser. The customer is only entitled to set-off or retention, if counter-claims against us are undisputed or legally established. Payments can be made with debt-discharging effect only to us or our staff equipped with a collection authority.


5. Warranty / Liability
The customer has to inspect the goods on quantity, quality and warranted properties immediately after arrival. Obvious defects and those that can be detected at the intended reasonable examination of the goods, the purchaser shall be notified immediately in writing. Goods with not inconsiderable defects will be exchanged. Defects must be made in writing within a statutory period of 2 weeks. The warranty period is 6 months, begins with the delivery.  Our warranty is limited, at our option, in addition to return to corrective action, excluding the cost of any dismantling and reassembly. Replaced parts become our property. Improper use excludes any warranty or liability. Claims for damages, regardless of whatever legal reason, especially because consequential damages, property infringement, loss of profits, etc. are excluded as far as permitted by law and otherwise limited to three times the value of the goods.  These regulations apply with paragraph 1 for the benefit of our employees and vicarious agents. Warranty and liability consequences occur only when advance sufficient opportunity to review has been given to us.


6. Other
Variations in diameter, weight and structure, which are due raw material or manufacturing reasons, are reserved. When deliveries, according to drawings and other information of the purchaser's rights, infringed by third party, indemnifies us against all claims. We store business data while respecting the data protection law. All agreements and offers are based on our terms and conditions. They are recognized by order or acceptance of delivery. Contrary conditions are ineffective, if we do not expressly disagree with them. These apply only after our express in written confirmation. In addition, the General conditions of sale apply at the same time for products and services of the electrical industry, according to the latest standard, in addition to all relevant DIN standards. Telephone and verbal agreements require written confirmation. The invalidity of individual provisions, particularly when used outside the commercial commerce, the validity of these Terms and Conditions shall not affect the remaining provisions. The invalid provisions are to reconcile immediately, pursue the economically intended. The same applies to possible gaps. We reserve the right to change these terms and conditions. Only Ingolstadt, under exclusive applicability of German law, is applicable for the place of performance and jurisdiction.

 

 

 



Polyboard GmbH, Am Wall 1, 85080 Gaimersheim 
Geschäftsführer: Heinz-Dieter Dönni  |  Amtsgericht Ingolstadt, HRB 3906

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