These conditions of sale apply in the member countries of the European Plastics Converters Association (EuPC) *.
Orders only become binding with regard to the type and scope of delivery after the supplier has confirmed the order. Changes and additions must be in writing.
In the case of ongoing business relationships, these terms and conditions also apply to future transactions in which no express reference is made to them, if they were agreed by the partners in an earlier order. Should different provisions of the customer or the supplier take the place of these general terms and conditions of sale, they must be expressly agreed by the partners. Should individual provisions be ineffective. This does not affect the remaining conditions.
Purchasing conditions of the customer only oblige the supplier if they are expressly recognized by him.
Belgium, Denmark, Germany, Finland, France, Greece, Great Britain, Ireland, Italy, Netherlands, Norway, Austria, Poland, Portugal, Sweden, Switzerland, Slovakia, Spain, Czech Republic, Hungary, Cyprus.
Unless otherwise agreed, prices apply ex works excluding packaging and plus VAT / sales tax at the statutory rate.
If the price depends on the weight of the parts, the final price is based on the weight of the approved sample.
The price for the molds also includes the sampling costs, but not the costs for testing and processing devices or for changes made by the customer.
Delivery and acceptance obligations
Delivery periods begin after receipt of all documents required for the execution of the order, if necessary the timely provision of materials and agreed down payments.
If an agreed delivery deadline is not adhered to due to the supplier's own fault, the customer is entitled, to the exclusion of further claims, to demand appropriate compensation after a reasonable period of grace or to withdraw from the contract if he has indicated the refusal of the service when setting the period of grace .
Appropriate partial deliveries as well as deviations from the orders of up to +/- 10% are permitted.
The supplier is obliged to accept follow-up orders with appropriate delivery deadlines as long as he has the right to own the molds, tools and devices of the customer or the obligation to keep his own molds, tools and devices that are tied to the customer. This obligation is not bound to previous price agreements. The same applies to current orders if cost factors (e.g. raw material prices, exchange rates, etc.) change significantly.
Events of force majeure at the supplier or his sub-suppliers extend the delivery time appropriately. This also applies to official interventions, energy and raw material supply difficulties, strikes, lockouts and unforeseeable delivery difficulties, provided that the supplier is not responsible for them. The supplier will notify the customer of this immediately. The supplier has to keep impairments of the customer as low as possible, if necessary by surrendering molds, tools and devices for the duration of the hindrance.
Transfer of risk, packaging and shipping
Even in the case of carriage paid delivery, the risk is transferred to the purchaser upon leaving the factory.
In the event of delays in dispatch for which the customer is responsible, the risk is transferred when the customer is notified that the goods are ready for dispatch.
Unless otherwise agreed, the supplier will choose the packaging and shipping method to the best of his ability. Upon written request by the customer, the goods will be insured against breakage, transport and fire damage at his own expense.
If materials are provided by the customer, they are to be delivered on time and in accordance with the agreed specifications at his own risk and expense with an appropriate quantity surcharge, but at least 5%.
If these requirements are not met, the delivery time will be extended accordingly. Except in cases of force majeure, the customer bears the additional costs incurred for the production interruptions caused thereby.
Molds, tools, devices
In view of the different legal situation in the individual European countries, the contracting parties generally reserve the right to make an agreement on the ownership or right of possession of the molds, tools and devices.
If the supplier is the owner of the molds, tools and devices, these will only be used for the purchaser's orders as long as the purchaser fulfills his payment and acceptance obligations. The supplier's obligation to store the molds, tools and devices expires two years after the last delivery of parts and after the customer has been notified in advance.
If the customer is the owner of the molds, tools and devices, the supplier has the right to retain the molds, tools and devices until the customer has fulfilled all the conditions of the agreement. The handover of the molds, tools and devices to the purchaser is replaced by the supplier's obligation to keep them. Irrespective of the purchaser's legal right to return and the service life of the molds, tools and devices, the supplier is entitled to the exclusive owner of the molds, tools and devices until a minimum number of items to be agreed has been accepted and / or until a certain period of time has elapsed. The supplier must mark the molds, tools and devices as third-party property and insure them at the buyer's request and expense. In the event that the molds, tools and devices and the associated transfer of know-how are released, the
The supplier is entitled to appropriate compensation.
In the case of molds, tools and devices owned by the customer in accordance with Section 2 and / or molds, tools and devices made available on loan by the customer, the liability of the supplier with regard to storage and care is limited to the care taken in his own affairs. The customer bears the costs for maintenance and insurance. The supplier's obligations expire if the customer does not collect the molds, tools and devices after the order has been completed and the corresponding request has been made. In this case he is entitled to return the molds, tools and devices to the customer at the customer's expense. As long as the customer has not fully complied with his contractual obligations, the supplier has a right of retention to the molds, tools and devices.
Deliveries are made subject to retention of title, including extended retention of title, provided that this right exists under the laws of the country concerned. If necessary, appropriate agreements must be made.
The same applies to deliveries outside the scope of these sales conditions, provided that retention of title or extended retention of title is legally possible in the country in which the goods are located at the time of assertion. Otherwise, the purchaser is obliged to provide the supplier with all rights that the legislation in the supplier's country provides to secure the claims.
The customer bears sole responsibility for the construction and functionality of the parts, even if he was advised during the development - unless the supplier gives a corresponding written assurance.
Notices of defects must be made in writing immediately, at the latest two weeks after receipt of the delivery. In the case of hidden defects, this period is extended to one week after completion, but no longer than six months after receipt of the goods.
In the event of a justified complaint, the supplier is obliged to choose between repair or replacement free of charge. If he does not meet these obligations within a reasonable period, the customer is entitled to declare a reduction in price or to withdraw from the contract. Further claims are excluded. Defective parts that have been replaced are to be returned at the request of the supplier at his expense.
Liability under national product liability laws remains unaffected.
Arbitrarily it rework or improper Treatment have the loss
all claims for defects result. The customer is only entitled to make improvements after prior notification to the supplier and to demand reimbursement of the reasonable costs to prevent disproportionately large damage.
Terms of payment
All payments are to be made exclusively to the supplier in the agreed currency.
Unless otherwise agreed, the purchase price is
50% for molds upon order confirmation and 50% 30 days after submission of the contractually agreed sample, each without a discount. In the case of change orders from the purchaser before the mold has been completed and confirmed by the supplier, all costs incurred up to that point must be reimbursed.
for finished parts or other services to be paid within 30 days of the invoice date. Any granting of a discount presupposes the settlement of all earlier due invoices.
In the event of default in payment, interest on arrears is due without a reminder at the rate that the bank charges the supplier for overdrafts.
If there are justified doubts about the solvency of the customer, all claims of the supplier become due immediately. In addition, the supplier is entitled to withdraw from the contract after a reasonable period of grace or to demand compensation for non-performance.
The customer is liable to the supplier for the freedom of the deliveries and services ordered from third party property rights, releases the supplier from all corresponding claims and is liable for any damage that may arise.
Construction documents, models, etc. of the supplier remain his property and may only be used or passed on with his approval. If a delivery contract is not concluded due to the fault of the customer, the supplier is entitled to appropriate compensation for the preliminary work he has performed.
The delivery time is normally up to 5 working days, custom-made products or up to a maximum of 4 weeks in the event of material shortages.
Fulfillment and jurisdiction
The place of fulfillment is the location of the delivery plant.
The place of jurisdiction is, at the option of the supplier, the location of the supplier's works, the company
The law of the country in which the supplier is located applies.
The place of jurisdiction is always Vienna .
General Conditions of Sale of European Leather and Plastic Handmade 7th
Technical parts - (Plasteurotec)
Basically, the general sales conditions of the European plastics processors represent a recommendation. They form a framework for contracts between plastics processors and customers, which must be filled out individually.
Plasteurotec recommends that all users expressly make these general terms and conditions of sale part of the content of the contract for each individual contract.
The general sales conditions of the European plastics processors primarily contain the positions of the suppliers, but without disregarding the interests of the customer. A high level of balance was particularly important with regard to the examination by Directorate General IV - Competition of the Commission of the European Union.
As far as usages and divergent legal situations in the individual European countries are known, they were taken into account when the general conditions of sale were drawn up.
The objections, comments and additions of the Plasteurotec members were incorporated into the drafting of the text, as far as it appeared to be justifiable with regard to the meaning and scope of the set of rules.