An innovation in fire protection

General Terms and Conditions

General Terms and Conditions of the

PolyTec Kunststofftechnik GmbH

Nirmer Straße 2b
52525 Heinsberg

Germany

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Part 1 - General

These General Terms and Conditions are an integral part of all offers and contracts for the delivery of goods and other services of PolyTec GmbH Kunststofftechnik. Hereinafter referred to as PT.They apply exclusively to all deliveries and services to the customer and business partners. Deviating agreements and conditions are only binding if they have been expressly confirmed in writing by PT.Unconditional acceptance of orders does not imply recognition of such conditions.The conditions of the business partners and their general terms and conditions or their order confirmations are hereby expressly contradicted.
Orders are binding if they are placed in writing and confirmed by PT with an order confirmation.
PT expressly points out that the products comply with the respective normative requirements if PT has expressly referred to these normative requirements. Furthermore, we expressly point out that the products/goods of PT are subject to the material-specific conditions. The normative requirements can be announced by PT with orienting results as an information indicator of the products. I.e. test reports and certificates of any kind will be charged to the customer. The material specific results are, among others, deflections and/or deformations, which correspond to the standard ISO 2768 cl. All products of PT, i.e. manufactured with inorganic and/or organic materials used for the production of the products, are subject to the normative requirements as well as the material-specific results.

Part 2 - Offers and conclusion of contracts

PT offers are non-binding and subject to change with regard to prices and delivery lot sizes. Quotations are only valid within the validity period stated by PT. PT reserves the right to minor deviations from the offer that do not jeopardise the purpose of the contract and are due to technical reasons, even after confirmation of the order.
For the legal relationship between PT and the customer as well as business partners, the written order is required, including the agreement of these General Terms and Conditions. Together, they fully reflect all agreements between the contracting parties on the subject matter of the contract.
Amendments must be made in writing to be effective. The transmission of the written form shall be sufficient for the transmission by mail.
Samples produced by PT, e.g.: decorative surfaces, shall be approved in writing by the customer and shall be considered as the sole visual evaluation during quality controls. Information provided by PT on the product or service (e.g.: dimensions, load capacity, weights, tolerances and technical data) as well as the representations of the same (e.g.: drawings) are only approximately authoritative, unless the usability for the contractually intended purpose requires an exact match.
The customer as well as business partners shall ensure that without the prior written consent of PT, the offer provided to him shall not become known to third parties, either as a whole or in parts, not even in an amended form. PT retains ownership / copyright of all offers made by it as well as calculations and drawings made available to the customer as well as business partners. The customer as well as business partners may not make any documents available to third parties, either as such or in terms of content, disclose them, use them themselves or through third parties or reproduce them without the express consent of PT. At the request of PT, the customer must return the documents in full and destroy any copies made if they are no longer required by him in the ordinary course of business or if negotiations do not lead to the conclusion of a contract.
The customer must provide PT with all the necessary documents (dwg and step files) required for the realisation of the project in full and in good time.
If deliveries are made and services rendered in accordance with drawings or samples or the like and if patents, samples or trademarks or similar rights of third parties are infringed as a result, the customer and business partners shall indemnify PT against claims of the infringed parties.

Part 3 - Delivery and shipping

Deliveries are made in accordance with the delivery dates and delivery conditions agreed with the customers.
Costs of transport including packaging, insurance and all other ancillary costs shall be borne by the customer unless expressly agreed otherwise.
Deliveries are always made ex works. Loading and dispatch shall be carriage forward, uninsured and at the Customer's risk, ex works from the loading point named by PT. Transport insurance will only be taken out at the express request and expense of the customer. PT's obligation to deliver is suspended as long as the customer is in arrears with an obligation arising from the business relationship.
Delivery dates or deadlines that have not been expressly agreed in writing as binding are exclusively non-binding information. Delivery times and delivery dates shall be deemed to have been met if the goods have left the factory by the end of the delivery period or if notification has been given that the goods are ready for dispatch.
An agreed or promised delivery time to the customer is subject to PT's correct and timely delivery to itself. If PT has ordered goods or materials (raw materials) from a supplier at the time of the written order confirmation and this order is to be further delivered to or processed for the customer, PT can withdraw from the contract if PT is not supplied or is not supplied correctly. This right of withdrawal shall not apply if PT is at fault with regard to the selection of the supplier.
Subsequent requirements and/or change requests of the customer within the scope of the deliveries and/or services extend the delivery time to a reasonable extent insofar as they can be implemented. The same applies in the event of unforeseeable events beyond PT's control, such as force majeure, strikes, export and import bans, lockouts, the effects of war, pandemics or epidemics, government intervention or acts of terrorism. This also applies if such circumstances occur at PT's sub-suppliers. PT shall inform the Customer immediately of the occurrence of such a delay. If the aforementioned circumstances make delivery and/or performance permanently impossible or unreasonable, PT shall be released from its delivery obligation, provided that it has notified the customer of this without delay.
If an agreed delivery or service cannot be made on the agreed date due to circumstances for which the customer is responsible, the risk shall pass to the customer at the time when he receives notification that the goods are ready for delivery. Any storage costs shall be borne by the customer.
PT is entitled to carry out deliveries and services only against full advance payment or provision of security if, for example, it is a first-time customer, a delivery to a foreign country has been agreed or PT becomes aware of circumstances which appear likely to significantly reduce the creditworthiness of the Customer. If advance payment or security is not provided after a reasonable deadline has been set, PT shall be entitled to withdraw from the contract.
There is no obligation to take back products delivered free of defects.

Part 4 - Prices and terms of payment

The prices (currency unit in Euro) apply to the scope of services and deliveries listed in the order confirmations. Additional or special services will be charged separately. All prices are net plus VAT and, unless expressly agreed otherwise, ex works. Customs duties, transport insurance fees, freight, etc. shall be borne by the customer.
Contracts with payment terms require express agreement. Invoices are generally due 30 calendar days after the invoice date without deduction. A corresponding reference to the due date of the invoice amount can generally be found on the invoice.
Payments by the customer will first be credited against any reminder costs incurred, interest and then against the oldest debt. PT is entitled to demand advance payments or securities or to make all claims from the business relationship due immediately if there is a significant deterioration in the creditworthiness of the customer and business partners or if the customer is in default of payment. This shall not apply in the event of default in payment with regard to a claim that is minor in relation to the order volume with the respective customer.
The customer may only offset a counterclaim if the counterclaim is undisputed or has been legally established. A right of retention from previous or other transactions of the current business relationship cannot be asserted.
PT reserves the right to charge a minimum quantity surcharge for spare parts, repeat orders or the like.

Part 5 - Warranty + Retention of Title

PT's warranty obligation shall be governed by the statutory provisions.
Claims for defects shall become statute-barred after twelve months from the date of delivery to the customer.
PT shall be liable for replacement deliveries and repairs until the expiry of the limitation period applicable to the original delivery item.
The warranty shall not apply if the customer has further processed or sold the products after he has discovered the defect or should have discovered the defect, or if the customer modifies the delivery item or has it modified by third parties without PT's consent and the rectification of the defect becomes impossible or unreasonably difficult as a result. In any case, the customer shall bear the additional costs of remedying the defect incurred as a result of the modification.
If the Customer raises an unjustified complaint about a defect, the Customer shall reimburse PT for the costs incurred because PT has to check its warranty obligation.
In the event of defects in parts or components from other manufacturers which PT cannot remedy for licensing or factual reasons, PT shall, at its discretion, assert its warranty claims against the manufacturer and supplier for the account of the customer or assign them to the customer. Warranty claims against PT shall only exist in the case of such defects under the other conditions and in accordance with these General Terms and Conditions if the legal enforcement of the aforementioned claims against the manufacturer and supplier was unsuccessful or is futile, for example due to insolvency. For the duration of the legal dispute, the statute of limitations for the relevant warranty claims of the customer against the seller shall be suspended. Otherwise, claims from the delivery recourse remain unaffected.
The customer is obligated to immediately inspect the products and services received for their contractual suitability and other defects and to immediately report any complaints in writing, at the latest within eight days after delivery. Hidden defects must be notified in writing within eight days of their discovery. The notification of non-obvious defects is excluded one year after delivery. If notification is not made in good time, the customer may no longer assert any warranty rights with regard to the notified defect.

Retention of Title:
1. Our deliveries and services are exclusively subject to retention of title. Ownership shall not pass to the customer until he has fulfilled all his obligations arising from the business relationship with us. In the event of breach of contract by the customer, in particular in the event of default in payment, we shall be entitled to take back our products.

Part 6 Liability, Compensation, Limitation of Actions

Subject to the following provisions, claims for damages or reimbursement of expenses by the customer are excluded, irrespective of the legal grounds, in particular due to impossibility, delay, defective or incorrect delivery, breach of contract, breach of duties during contractual negotiations and tort. The limitations of liability do not apply,

1.1 insofar as the cause of the damage is based on intent or gross negligence on the part of PT or its representatives, whereby the compensation for damages in the case of gross negligence is limited to the foreseeable damage typical for the contract,
1.2 in the event of a culpable breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the fulfilment of which the customer may rely, whereby in this case the compensation for damages shall also be limited to the damage typical for the contract and foreseeable at the time of the conclusion of the contract.
1.3 in cases of mandatory liability in accordance with the Product Liability Act, as well as in cases of damage resulting from injury to body, life and health.
1.4 insofar as PT provides technical information or acts in an advisory capacity and this information or advice is not part of the contractually agreed scope of services owed by it, this shall be done free of charge and to the exclusion of any liability.

Part 7 - Information and data

Drawings, drafts, samples, manufacturing specifications, internal company data, etc., which PT has provided to the customer for the purpose of submitting an offer, shall remain our property. They may not be used for other purposes, reproduced or made accessible to third parties and must be stored with the care of a prudent businessman.

Part 8 - Data protection, place of jurisdiction and place of performance

Should individual provisions of these General Terms and Conditions be or become null and void, the remaining provisions shall remain in effect.
The place of performance for all obligations is Heinsberg.
The place of jurisdiction for all legal disputes in connection with the contracts is determined by our registered office. In addition, the customer may - at our discretion - also be sued at his place of business.
PT ensures compliance with the legal regulations governing data protection.
The customer is hereby informed that personal data will be collected, stored and used and transmitted to the extent permitted by law.
The data protection declaration applies, which you can call up on our homepage.

The law of the Federal Republic of Germany shall apply to the entire legal relationship between PT and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

PolyTec GmbH Kunststofftechnik
Nirmer Straße 2b
52525 Heinsberg
www.polytec-online.com
kontakt@polytec-online.de

Status: April 2024