GTC

General standard terms and conditions

I. General – scope

1) Deliveries and offers of the company Kunststofftechnik Mayr GmbH (Seller) are subject to these terms and conditions.

2) They also apply to all current and future business even if they are not expressly agreed again. At the latest with receipt of the goods, the terms and conditions shall be deemed accepted.

3) Deviating, conflicting or additional terms and conditions are, even if known, not part of the contract unless their validity is expressly agreed in writing.
 

II. Offer and conclusion of contract

1) The offers of the seller are subject to change. Technical changes and changes in shape, colour and/or weight are reserved within a reasonable scope. The buyer is aware that may arise differences in quantity of  +/-10 % by the nature of the production.

2) The placement of an order represents the customer’s binding commitment to purchase the relevant goods. The seller has got the right to accept the contractual offer contained in the purchase order within two weeks after receipt of the order. This acceptance may either be communicated in writing or by delivering the goods to the purchaser.

3) If the buyer orders the goods electronically, the seller will confirm the receipt of the order immediately. The receipt does not constitute binding acceptance of the order. The receipt can be attached to the declaration of acceptance.

4) If the buyer orders the goods electronically, the text of contract will be saved by the purchaser and sent to the buyer on request together with these terms and conditions by e-mail.
 

III. Supply

1) Delivery delays due to force majeure and due to events that significantly impede the delivery of the seller not temporary or impossible – this includes especially strikes, lockouts, official orders, operation and traffic disruption, workers and raw material shortages, etc., even if they occur at the Seller’s suppliers or their subcontractors – the seller is not responsible, even if binding agreed deadlines and dates. It entitles the seller to postpone delivery for the duration of the hindrance plus a reasonable start – up time of 21 days to move out or to resign from the contract because of the unfulfilled portion completely or partially.

2) If the hindrance lasts longer than 21 days, the buyer is entitled to a reasonable extension of time to rescind with regard to the unfulfilled part of the contract. If the delivery time is extended or the seller will be released from their obligations, the buyer cannot derive any claim for damages, unless they are based on intent or gross negligence of the seller. In the above circumstances, the seller may only rely if they notify the buyer immediately.

3) Final contract is subject to the correct and timely self-supply by the supplier to the seller. This applies only to the case that the non-delivery is not the responsibility of the seller, especially in case of a congruent hedging transaction with the supplier to the seller. The buyer will be informed immediately of the unavailability of the service. A possible consideration will be reimbursed immediately.

4) If the buyer is in default of acceptance, the seller is entitled to a reasonable deadline, to demand compensation of the resulting damage.

5) The seller is entitled to make partial deliveries anytime, unless the partial delivery is unworthy of interest for the buyer.
 

IV. Prices

1) The prices in the seller’s order confirmation are significantly plus the valid statutory sales tax.

2) If goods are delivered to abroad, this is duty free.
 

V. Passing of a risk

1) The risk of accidental destruction and accidental impairment of the goods shall pass to the customer upon handing over the goods or, in case of shipped goods, upon handing over the goods to the forwarding carrier, freight agent or any other individual or entity designated to carry out the shipment.

2) In the event that the customer should be in default regarding acceptance of the goods, the goods shall be deemed to have been handed over.
 

VI. Payment

1) Invoices of the seller, unless otherwise agreed in writing, have to be paid within 8 days from invoice date with 2% discount or within 30 days after the due date and receipt of the supply net. Wage work is immediately upon receipt of invoice payable net.

2) The seller is entitled to offset payments on its earlier debt notwithstanding any provisions of the buyer. The seller will inform the buyer about the type of debit. If costs and interest have already been incurred, the seller is entitled to charge the payment first to the cost, then the interest and finally to the principal.

3) If the buyer is in default, the seller is entitled to demand from that delay time on interest in the amount of 8% above the base rate. The seller reserves the right to prove higher damages and assert.

4) The acceptance of checks of exchange requires the approval by the seller. Expenses, costs and all risks are charged to the buyer.

5) If, in connection with the payment of the purchase price by the buyer, a liability justified of the seller, the retention of title and requirement that underlying supply of goods does not expire before the payment of exchange by the buyer as drawee.

6) If the seller becomes aware of circumstances on the creditworthiness of the buyer, especially a bill or a check of the buyer is not redeemed or the buyer suspends payment, the seller is entitled to require the residual debt, even if checks and change were adopted by the seller. In this case the seller is also entitled to require advance payments or collateral security.

7) The buyer has the right to set-off only if its counterclaims have been legally established or have been recognized by the seller. The buyer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
 

VII. Retention of title

1) The seller retains title to the goods until full payment of all claims from the current business relationship including all balance claims from current account before.

2) The customer shall be required to handle the goods with care.

3) The customer shall be required to immediately notify the seller of any third-party recourse to the goods, in case of attachment, for example, as well as of any damage to or destruction of the goods.

4) The Seller is entitled, in case of breach of contract behavior by the buyer, especially in case of delay of payment or breach of a duty to paragraphs 2) and 3) of this provision, to withdraw from the contract and to reclaim the goods.

5) The buyer shall have the right to resell the goods commensurate with proper business practices. The buyer already cedes to the seller at this time any claims in the amount of the invoice to which the customer may become entitled through the resale of such goods to a third party. The seller accepts this cession. After the cession the buyer shall be entitled to collect payment. The seller reserves the right to collect payment his selves, as soon as the buyer fails to properly meet its payment obligations and is in arrears with payment to the seller. The seller may require that the buyer make known the assigned claim and the debtor, all information necessary for collection, hand over the relevant documents and informs the debtors of the assignment.

6) Any processing and converting work performed on the goods by the buyer shall always be performed in the seller´s name and on the seller´s behalf but without obligations for the seller. In the event of any converting, combining, mixing or commingling work, being performed with or on items which are not property of the seller, the seller shall acquire co-proprietorship of the new items at a ratio commensurate with the value of the goods delivered by the seller to the other items converted.
 

VIII. Defects liability

1) All details of the seller regarding the suitability, processing and application of the products, technical advice and other information occurs to the best knowledge, but without obligation. They do not release the buyer from his own investigations and tests whether the product for their own intended use or the desired application is suitable. The audit requirement of the buyer includes - if reasonable - also a sample processing.

2) The seller warrants for defects in the goods at its option guarantee by repair or replacement.

3) Should this form of rectification fail, the customer shall have the right, on principle, to demand at its discretion either a reduction of payment (diminution) or an annulment (rescission) of the contract. In the event of a merely minor violation of the contract, particularly in the case of merely minor defects, the customer shall not have the right of rescission.

4) Obvious defects shall be reported in writing not later than two weeks following receipt of the goods. Warranty claims outside of these stipulations shall not be accepted. For the observance of the deadline, timely mailing of notification is sufficiently. The buyer bears the full burden of proof for all claims, especially for the defect itself, the time of discovery of the defect and the timeliness of the complaint.

5) If, in the event of a defect following an unsuccessful attempt at rectification, the customer declares, because of a right or defect, the rescission of the contract, the customer shall not be entitled to claim any additional compensation for damages due to the defect.

6) If the buyer chooses compensation after failed subsequent performance, the product remains with the buyer,  if deemed reasonable. Compensation for damages shall be limited to the difference between the purchasing price and the value of the defective items. This shall not apply in the event that the seller has caused the breach of contract fraudulent.

7) For the buyer, the warranty period is 1 year from date of delivery. This does not apply if the buyer has not reported the defect to the seller in time (paragraph 3 of this regulation).

8) As a nature of the product only the product description of the manufacturer is apply generally as agreed. Public statements, extolling, or advertising by the manufacturer do not represent a contractual quality description of the product.

9) The buyer does not receive guarantees in the legal sense by the seller. Manufacturer warranties are hereof unaffected.
 

IX. Limitation of liability

1) Slightly negligent breach of marginal contractual obligations, the Seller shall not be liable to the purchaser.

2) The above limitations do not apply to claims of the buyer from product liability. The limitations of liability do not apply to the Seller attributable damage to body or health, or loss of life of the purchaser.

3) Damage claims by the purchaser due to a defect lapses 1 year from date of delivery. This does not apply if the seller is accused of malice and if their gross fault is accused or in the event of their attributable damage to body or health, or loss of life of the purchaser.

4) Provided products: the supplier is liable for the properties and processing of supplied products.
 

X. Final Clause

1) These Terms of Business shall be governed by the laws of the Federal Republic of Germany. The regulations of the UN-sales law find no use.

2) If the customer is a merchant/trader, legal entity under public law or a special estate under public law the exclusive legal venue for any dispute arising out of these Terms of Business shall be the business domicile of the seller, so Kempten. The same shall apply in the event that the customer does not have a general legal venue in Germany or the customer’s branch location, domicile or usual presence is not known at the time of bringing forth any legal action.

3) If individual provisions of the contract with the buyer, including these General Terms wholly or partially are or will be invalid, the validity of the remaining provisions is not affected. The wholly or partially invalid provision shall be replaced by a provision whose economic success of the invalid approaches as closely as possible.

Status: November 2015

Kunststofftechnik MAYR GmbH
An der Kraftisrieder Straße 1
87647 Unterthingau
Telephone  +49 (0) 8377 97497 - 0
Telefax  +49 (0) 8377 97497 - 20