GENERAL TERMS AND CONDITIONS OF 1 TECOplast kunststofftechnische Komponenten und Anlagen GmbH
I. Scope of Application
These General Terms and Conditions (GTC) apply exclusively to entrepreneurs within the meaning of Section 14 of the
German Civil Code (BGB), legal entities under public law, or special funds under public law.
Our GTC apply to all contracts, deliveries, and other services. Conflicting or deviating terms of the purchaser shall not apply
unless we expressly agree to them in writing.
Our offers are non-binding unless expressly designated as binding. A contract is only concluded upon our written or
electronic order confirmation.
Amendments and supplements to the contract, including these GTC, must be made in text form (e.g. by e-mail).
These GTC shall also apply to all future transactions with the purchaser.
Should any provision of these GTC be invalid, the validity of the remaining provisions shall not be affected.
II. Prices and Payment Terms
All prices are ex works, plus packaging, freight, customs, import duties, and statutory VAT.
Price adjustments are permissible if more than three months lie between conclusion of the contract and the agreed delivery
date and essential cost factors (materials, energy, wages) change.
Billing is based on the approved sample parts. Follow-up orders are not bound to previous prices.
Payments are due within 14 days from the invoice date without deduction, unless otherwise agreed.
III. Delivery and Acceptance Obligations
Delivery periods commence with order confirmation, but not before receipt of all documents to be provided by the purchaser,
agreed advance payments, or provision of materials.
The delivery date shall be deemed met if the goods have left our factory or readiness for dispatch has been notified by that
date.
In case of delay in delivery, our liability is limited to intent and gross negligence. The purchaser may claim compensation for
delay up to a maximum of 5% of the value of the goods if he proves that he has suffered a loss.
Partial deliveries and deviations in quantities of up to ±10% are permissible.
In the case of call-off orders without fixed dates, call-offs must be made no later than 12 months after conclusion of the
contract. If no call-off is made, we are entitled to withdraw from the contract after setting a reasonable deadline and to claim
damages.
If the purchaser defaults in acceptance, the risk of accidental loss or deterioration shall pass to him. We are entitled to store
the goods at the purchaser’s expense or to sell them freely after prior notice.
Events of force majeure (e.g. strikes, natural disasters, operational disruptions, shortage of raw materials) entitle us to
postpone delivery or withdraw from the contract.
Approved sample parts shall be considered binding with regard to execution, dimensional accuracy, and material properties
and serve as the basis for serial production. Complaints shall be limited to deviations from the approved samples.
IV. Packaging, Shipping and Transfer of Risk
The choice of packaging, shipping method, and route shall be at our discretion, unless otherwise agreed.
Risk shall pass to the purchaser upon handover to the carrier, freight forwarder, or collector, at the latest upon leaving our
factory ‒ even in the case of carriage-paid delivery.
If dispatch is delayed for reasons attributable to the purchaser, the risk shall pass upon notification of readiness for dispatch.
At the purchaser’s request, we will insure the shipment against transport and other risks at his expense.
V. Retention of Title and Tools
We retain ownership of the delivered goods until full payment of all claims arising from the business relationship.
Tools, fixtures, programs, and drawings that we produce or procure for the execution of the order remain our property ‒ even
if the purchaser contributes to the costs.
Storage, maintenance, or renewal of such tools shall only be carried out upon separate agreement.
Tools or fixtures provided by the purchaser must be insured by him at his own expense. We shall only be liable for loss or
damage in cases of intent or gross negligence.
VI. Supplied Materials
If the purchaser provides materials, drawings, models, or standard parts, he shall be responsible for their accuracy, quality,
and suitability.
Delays, additional costs, or damages resulting from defective supplies shall be borne by the purchaser.
Any additional machining time or scrap resulting from material defects will be charged separately.
VII. Tolerances and Quality
Unless expressly agreed otherwise in writing, the customary tolerances for plastic machining according to DIN ISO 2768-m
shall apply to dimensions and surfaces.
Deviations in color, weight, or material properties that are technically unavoidable shall not constitute a defect.
VIII. Residual Materials and Chips
Chips and residual materials resulting from the machining of materials supplied by the purchaser become our property, unless
otherwise agreed.
The return of residual materials shall only take place upon separate agreement.
IX. Warranty and Liability
The purchaser is obliged to inspect the goods immediately upon delivery and to notify us in writing of any defects within 5
working days (§ 377 HGB).
In the event of justified complaints, we shall, at our discretion, provide a replacement delivery or remedy the defect. If
subsequent performance fails, the purchaser may demand a reduction in price or withdraw from the contract.
Claims for damages are excluded unless they are based on intent, gross negligence, or breach of essential contractual
obligations. In the latter case, liability is limited to the typically foreseeable damage.
Liability for loss of profit, production downtime, or other indirect damages is excluded to the extent permitted by law.
We shall not be liable for damages resulting from improper further processing or incorrect use of the parts delivered by us.
X. Data Protection
The processing of personal data is carried out exclusively within the framework of the statutory provisions, in particular the
GDPR.
Further information on data processing can be found in our Privacy Policy at www.tecoplast.de/datenschutz.
XI. Final Provisions
German law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Place of performance and jurisdiction for all disputes is the registered office of our company.
In the event of discrepancies between different language versions of these GTC, the German version shall prevail.
Contact
Address:
1Tecoplast GmbH
Schlattweg 10
72178 Waldachtal
Germany
E-Mail: info@tecoplast.de
Phone:+49 7486/979035
Fax: +49 7486/979059