General terms and conditions
I. General information
1) Our offers are non-binding and subject to prior sale. Orders must be confirmed in writing to be legally valid.
2) Molds manufactured by us or on our behalf shall remain our property, even if they are invoiced to the customer on a pro rata basis. The calculated pro rata costs amount to a maximum of 49%, unless expressly stated otherwise.
3) We reserve the right to over- or under-deliver ordered quantities by up to 10% for items not in stock.
4) Unless otherwise agreed, delivery shall be ex works. The goods travel at the risk of the recipient, even if carriage paid delivery has been agreed.
5) Requests for changes to an order are only possible within the first 24 hours after dispatch of our order confirmation.
6) Cancellation of an ordered item is only possible if the item has not yet been confirmed by us within an order confirmation. If the confirmation has already been made, we reserve the right to refuse the cancellation.
7) Customized special designs are generally excluded from return.
8) Unless explicitly confirmed otherwise, all our O-rings are manufactured in accordance with the tolerances of DIN ISO 3601-1.
9) As the origin of an article can vary, only individual supplier’s declarations can be issued at the customer’s request and no generally valid long-term supplier’s declarations.
10) Information regarding material approvals for our products is based on the manufacturer’s specifications and data sheets.
11) We send our outgoing invoices exclusively in digital form (PDF). It is not possible to send our outgoing invoices by post. We reserve the right to reject customers who do not accept digital invoicing.
II Delivery periods
1) The delivery dates and deadlines are always only approximate, unless they have been expressly agreed as fixed without restriction. They refer to the time of dispatch and are complied with upon notification of readiness for dispatch. The buyer may not reject partial deliveries.
2) If we are in default, the buyer may – after expiry of a reasonable grace period for us – withdraw from the contract to the extent that the goods are not reported as ready for shipment by the expiry of the grace period. Claims for damages of any kind are excluded.
3) Events of force majeure entitle us to postpone delivery for the duration of the hindrance and for a reasonable start-up period or to withdraw from the contract in whole or in part due to the part of the contract not yet fulfilled.
4) Strikes, lockouts and other circumstances which make delivery or fulfillment of the contract significantly more difficult or impossible for us, in particular also economically, shall be deemed equivalent to force majeure, irrespective of whether they occur at our premises, those of a sub-supplier or elsewhere.
5) Goods ordered on call must be accepted within 12 months of written confirmation of the order.
III Terms of payment
1) Unless otherwise confirmed in writing, invoices are payable net within 30 days of the invoice date. We do not accept payments by bill of exchange. Default interest in the amount of 4% above the respective discount rate of the Deutsche Bundesbank shall be charged for the compensation of interest losses incurred by us as a result of exceeding the payment terms granted.
2) All our claims shall become due immediately, irrespective of the term, unless contractual agreements, in particular those relating to payment, are not complied with or we become aware of circumstances that reduce the creditworthiness of the buyer. We shall then be entitled to carry out outstanding deliveries only against advance payment and shall be entitled to the usual type and scope of security for all claims.
IV. Retention of title
1) All delivered goods shall remain our property (goods subject to retention of title) until all existing claims and claims arising after conclusion of the contract have been settled, in particular also the respective outstanding balances.
2) Any treatment and processing of the reserved goods shall be carried out for us as manufacturer within the meaning of §950 BGB without any obligation on our part. Processed goods shall be deemed to be goods subject to retention of title; the buyer shall store them for us. If the Buyer processes, combines or mixes the goods subject to retention of title with goods owned by third parties to form a new item or a mixed stock, we shall be entitled to co-ownership thereof in the ratio of the invoice value of the goods subject to retention of title to the total value of the new item or the mixed stock. If the goods subject to retention of title are combined with other items and an item then belonging to the buyer is the main item within the meaning of § 947 para. II BGB (German Civil Code), the buyer hereby assigns to us his share of the ownership in proportion to the invoice value of our reserved goods to the equivalent value of the new main item.
3) The buyer is entitled to sell our goods in the course of his ordinary business operations, subject to the proviso that his claims arising from the resale are transferred to us. These claims are hereby assigned to us with all ancillary rights. If the reserved goods are sold by the purchaser together with other goods not purchased from us, the assignment of the claim from the resale shall only apply to the amount of the invoice value of our reserved goods.
4) The buyer is entitled to collect claims from the resale until our revocation. At our request, the buyer must inform us of the names of the debtors of the assigned claims.
5) The buyer’s right to possession of the reserved goods shall expire if he fails to fulfill his obligations under this or other contracts. We are then entitled to take possession of the reserved goods.
6) If the value of the existing securities exceeds the claims by more than 20% in total, we shall be obliged to release securities of our choice at the buyer’s request.
7) Taking back the goods subject to retention of title in the event of breach of contract by the buyer, in particular in the event of default in payment, shall only constitute a withdrawal from the contract if we expressly declare this in writing.
8) If the law of the country in which the delivery item is located does not permit retention of title, but allows the seller to reserve other rights to the delivery item, we may exercise all rights of this kind. The buyer is obliged to cooperate in these measures which we wish to take to protect our right of ownership or, in its place, another right to the delivery item.
V. Performance and place of jurisdiction
1) The place of performance for our deliveries is the respective place of dispatch of the goods. The place of performance for all obligations of the buyer is the registered office of our company.
2) The place of jurisdiction is the location of the registered office of our company, also for actions in documentary, bill of exchange and check proceedings. We are also entitled to sue the buyer at his place of jurisdiction. The relationship between us and the buyer shall be governed exclusively by the law of the Federal Republic of Germany.
VI Notification of defects
1) Our technical advice and quotations are prepared with the utmost care, taking into account the parameters and circumstances known to us. All products undergo careful checks during production and before delivery to the customer. The wide range of possible uses of these products excludes any warranty and liability for the correctness of our recommendations in individual cases. Patent infringements are not intended. Technical changes are made for the benefit of our customers.
2) The buyer must inspect the goods immediately after delivery and report any defects in writing within 3 days of receipt of the goods, before the goods have been further processed or installed.
3) If the goods are defective, the Buyer shall be obliged, at our request, to have their condition recorded by a neutral expert. All claims for defects shall lapse if the buyer does not give us or our supplier the opportunity to inspect the identity of the goods complained about and the defects claimed on site and does not make samples available immediately on request. Furthermore, all claims for defects shall lapse if the processing or treatment of the goods is not stopped immediately after the defects are discovered or if our goods are not mixed with goods of a different origin until the goods are expressly released by us or our supplier. As long as the buyer does not fulfill his obligations, we are not obligated to any warranty.
4) For recognizable and hidden defects or for the absence of warranted characteristics of our products, we shall only provide a warranty in such a way that we shall, at our discretion, remedy defects by repair or replacement delivery. Further claims, in particular claims for damages – irrespective of the legal grounds – including consequential damages, are excluded.
5) The customer shall be responsible for ensuring that the goods supplied by us are suitable for the intended use.
Should individual provisions of these terms and conditions be invalid in whole or in part, the remaining provisions shall remain in full force and effect.
NH O-Ring, Dieter Bickert, VAT ID no. DE248099117