{"id":1540,"date":"2025-10-10T07:24:21","date_gmt":"2025-10-10T07:24:21","guid":{"rendered":"https:\/\/plasticunion.com\/terms-conditions"},"modified":"2026-08-12T07:48:24","modified_gmt":"2026-08-12T07:48:24","slug":"terms-conditions","status":"publish","type":"page","link":"https:\/\/plasticunion.com\/en\/terms-conditions","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"\n\n\t
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General Terms and Conditions of Sale and DeliveryScope of ApplicationThe following terms and conditions apply exclusively to businesses, legal entities under public law and special funds under public law.I. Application <\/strong><\/p>\n

<\/p>\n

1.<\/strong> Orders shall only become binding upon confirmation of the order by the supplier. Amendments and additions should be made in text form. All offers are non-binding unless expressly designated as firm offers. <\/p>\n

2.<\/strong> In the case of ongoing business relationships, these terms and conditions shall also apply to future transactions in which no express reference is made to them, provided that they were supplied to the customer in connection with an earlier order confirmed by the supplier.<\/p>\n

3.<\/strong> The customer\u2019s terms and conditions shall not apply unless expressly accepted by the supplier.<\/p>\n

4.<\/strong> Should any individual provision be or become invalid, the remaining provisions shall not be affected.II. Prices <\/p>\n

5.<\/strong> In case of doubt, prices shall be EXW (Incoterms\u00ae 2020), excluding freight, customs duties, ancillary import charges and packaging, plus VAT at the statutory rate.<\/p>\n

6.<\/strong> If, after submission of the offer or confirmation of the order and before delivery, the relevant cost factors change substantially, the supplier and the customer shall agree on an adjustment of the prices and the proportion of costs attributable to the moulds.<\/p>\n

7.<\/strong> Where it has been agreed that the price depends on the weight of the parts, the final price shall be determined on the basis of the weight of the approved reference samples.<\/p>\n

8.<\/strong> For new orders (= follow-up orders), the supplier shall not be bound by previously applicable prices.III. Delivery and Acceptance Obligations <\/p>\n

9.<\/strong> Delivery periods shall commence upon receipt of all documents required for the execution of the order, the agreed down payment and, where applicable, the timely provision of materials by the customer. The delivery period shall be deemed to have been met upon notification that the goods are ready for dispatch if dispatch is delayed or rendered impossible through no fault of the supplier. <\/p>\n

10.<\/strong> If an agreed delivery period is not met due to the supplier\u2019s own fault, and provided that the supplier has not acted with gross negligence or intent, the customer shall, after expiry of a reasonable additional period and to the exclusion of any further claims, be entitled to claim compensation for delay or to withdraw from the contract. Compensation for delay shall be limited to a maximum of 5% of that part of the delivery which has not been performed in accordance with the contract. Withdrawal shall be excluded if the customer itself is in default of acceptance. The customer shall retain the right to prove that it has suffered greater loss. <\/p>\n

11.<\/strong> Reasonable partial deliveries and acceptable deviations of up to plus\/minus 10% from the ordered quantities shall be permitted.<\/p>\n

12.<\/strong> In the case of call-off orders where no agreement has been made regarding the term, production batch sizes and acceptance dates, the supplier may, no later than three months after confirmation of the order, require these matters to be determined on a binding basis. If the customer fails to comply with this request within three weeks, the supplier shall be entitled to set an additional period of two weeks and, upon expiry of that period without result, to withdraw from the contract and\/or claim damages. <\/p>\n

13.<\/strong> If the customer fails to fulfil its acceptance obligations, the supplier shall, without prejudice to its other rights, not be bound by the statutory provisions governing a self-help sale, but may instead sell the goods by private sale after prior notification to the customer.<\/p>\n

14.<\/strong> Events of force majeure shall entitle the supplier to postpone delivery for the duration of the impediment plus a reasonable start-up period, or to withdraw from the contract in whole or in part with regard to the part not yet performed. Strikes, lockouts and unforeseeable, unavoidable circumstances, such as operational disruptions, which prevent the supplier from making timely delivery despite reasonable efforts, shall be treated as equivalent to force majeure; the supplier shall bear the burden of proving such circumstances. This shall also apply if the aforementioned impediments arise during a period of delay or at a sub-supplier. The customer may request the supplier to declare within two weeks whether it intends to withdraw from the contract or to make delivery within a reasonable additional period. If the supplier fails to make such a declaration, the customer may withdraw from the unfulfilled part of the contract. The supplier shall notify the customer without delay if an event of force majeure as described above occurs. The supplier shall keep any adverse effects on the customer to a minimum, where appropriate by making the moulds available to the customer for the duration of the impediment.IV. Packaging, Dispatch, Transfer of Risk and Default of Acceptance <\/p>\n

15.<\/strong> Unless otherwise agreed, the supplier shall select the packaging, method of dispatch and shipping route.<\/p>\n

16.<\/strong> The risk shall pass to the customer when the goods leave the supplier\u2019s works, even in the case of carriage-paid delivery. If dispatch is delayed for reasons attributable to the customer, the risk shall pass upon notification that the goods are ready for dispatch. <\/p>\n

17.<\/strong> At the customer\u2019s written request, the goods shall be insured at the customer\u2019s expense against the risks specified by the customer.V. Retention of Title <\/p>\n

18.<\/strong> The deliveries shall remain the property of the supplier until all claims of the supplier against the customer have been satisfied in full, even if the purchase price relating to specifically designated claims has been paid. In the case of a current account, the supplier\u2019s retained title to the deliveries (goods subject to retention of title) shall serve as security for the balance due to the supplier. If, in connection with payment of the purchase price, the supplier incurs liability under a bill of exchange, the retention of title shall not expire before the bill of exchange has been honoured by the purchaser as drawee. <\/p>\n

19.<\/strong> Any processing or transformation carried out by the customer shall be undertaken on behalf of the supplier, excluding acquisition of title pursuant to Section 950 of the German Civil Code (BGB). The supplier shall become co-owner of the resulting item in the proportion that the net invoice value of its goods bears to the net invoice value of the goods being processed or transformed. The resulting item shall be deemed goods subject to retention of title and shall serve as security for the supplier\u2019s claims in accordance with paragraph 1.<\/p>\n

20.<\/strong> If the customer processes the goods by combining or mixing them with other goods not owned by the supplier, Sections 947 and 948 of the German Civil Code (BGB) shall apply, with the result that the supplier\u2019s co-ownership share in the new item shall be deemed goods subject to retention of title within the meaning of these terms and conditions.<\/p>\n

21.<\/strong> The resale of goods subject to retention of title shall only be permitted in the ordinary course of the customer\u2019s business and on condition that the customer also agrees a retention of title with its own customers in accordance with paragraphs 1 to 3. The customer shall not be entitled to make any other disposition of the goods subject to retention of title, in particular by way of pledge or transfer by way of security. <\/p>\n

22.<\/strong> In the event of resale, the customer hereby assigns to the supplier in advance, until all claims of the supplier have been satisfied in full, all claims arising from the resale and all other legitimate claims against its customers, together with all ancillary rights. At the supplier\u2019s request, the customer shall be obliged to provide the supplier without delay with all information and documents required to enforce the supplier\u2019s rights against the customer\u2019s customers. <\/p>\n

23.<\/strong> If the customer resells the goods subject to retention of title, after processing in accordance with paragraphs 2 and\/or 3, together with other goods not owned by the supplier, the assignment of the purchase price claim pursuant to paragraph 5 shall apply only up to the invoice value of the supplier\u2019s goods subject to retention of title.<\/p>\n

24.<\/strong> If the value of the securities held by the supplier exceeds the supplier\u2019s total claims by more than 10%, the supplier shall, at the customer\u2019s request, be obliged to release securities to the corresponding extent, at the supplier\u2019s discretion.<\/p>\n

25.<\/strong> Any attachment or seizure of the goods subject to retention of title by third parties shall be notified to the supplier without delay. Any intervention costs arising as a result shall in all cases be borne by the customer insofar as they are not borne by third parties. <\/p>\n

26.<\/strong> If the supplier exercises its retention of title in accordance with the foregoing provisions by repossessing goods subject to retention of title, it shall be entitled to sell the goods by private sale or have them sold at auction. The exercise of retention of title and, in particular, the demand for surrender of the goods shall constitute withdrawal from the contract. The value credited for the repossessed goods shall be the proceeds realised, but shall not exceed the agreed delivery prices. Further claims for damages, in particular for loss of profit, shall remain reserved.VI. Liability for Material Defects <\/p>\n

27.<\/strong> The quality and execution of the products shall be determined by the reference samples which the supplier submits to the customer for inspection at the customer\u2019s request. Any reference to technical standards serves solely to describe the performance and shall not be construed as a guarantee of quality or characteristics. <\/p>\n

28.<\/strong> Where the supplier has advised the customer outside the scope of its contractual obligations, the supplier shall only be liable for the functionality and suitability of the goods supplied if it has given an express prior assurance to that effect.<\/p>\n

29.<\/strong> Complaints relating to defects must be made in writing without delay. In the case of hidden defects, the complaint must be made without delay after discovery. In both cases, unless otherwise agreed, all claims for defects shall become time-barred 24 months after delivery in accordance with Section 438 of the German Civil Code (BGB). <\/p>\n

30.<\/strong> In the event of a justified complaint relating to defects \u2014 with the reference samples approved in writing by the customer determining the expected quality and execution \u2014 the supplier shall be obliged to provide subsequent performance. If the supplier fails to fulfil this obligation within a reasonable period, or if rectification fails despite repeated attempts, the customer shall be entitled to reduce the purchase price or withdraw from the contract. Any further claims, in particular claims for reimbursement of expenses or damages arising from defects or consequential damage caused by defects, shall only exist within the scope of the provisions set out in Section VII. Replaced parts shall, at the supplier\u2019s request, be returned to the supplier carriage forward. <\/p>\n

31.<\/strong> Any unauthorised reworking and improper handling shall result in the loss of all claims relating to defects. Only in order to prevent disproportionately serious damage, or if the supplier is in delay in remedying the defect, shall the customer be entitled, after prior notification to the supplier, to carry out the rectification itself and to claim reimbursement of the reasonable costs incurred. <\/p>\n

32.<\/strong> Wear or deterioration resulting from use in accordance with the contract shall not give rise to any warranty claims.<\/p>\n

33.<\/strong> Rights of recourse of the customer against the supplier shall be governed by the statutory provisions, in particular Sections 445a, 445b and 478 of the German Civil Code (BGB). Such rights shall exist only to the extent provided by law and only insofar as the claim made against the customer by its own customer was justified. Goodwill arrangements made without prior agreement with the supplier shall not be covered. Rights of recourse shall be subject to the party entitled to recourse having complied with its own statutory obligations, in particular the duties of inspection and notification of defects pursuant to Section 377 of the German Commercial Code (HGB), insofar as applicable. <\/p>\n

VII. General Limitations of Liability<\/p>\n

In all cases in which the supplier is obliged to pay damages or reimburse expenses on contractual or statutory grounds, the supplier shall be liable in cases of intent and gross negligence. In the event of culpable injury to life, limb or health, the supplier shall also be liable in cases of ordinary negligence. <\/p>\n

Liability under the German Product Liability Act (Produkthaftungsgesetz) and liability arising from an assumed guarantee of characteristics shall remain unaffected.<\/p>\n

In the event of a slightly negligent breach of material contractual obligations, the supplier shall only be liable for foreseeable damage typical of the contract. Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose fulfilment the customer may regularly rely. <\/p>\n

The foregoing provisions shall not result in any change to the statutory burden of proof to the detriment of the customer.<\/p>\n

Warranty<\/p>\n

When recycled plastics are used, colour deviations in the goods supplied compared with offers, samples, trial deliveries and previous deliveries may occur due to the nature of the material.<\/p>\n

Small inclusions of unmelted hard-plastic particles or other non-melting residues, as well as weld flash resulting from the production process, shall not constitute a defect insofar as they are material- or process-related and do not materially impair the suitability of the goods for their contractual use.<\/p>\n

The same shall apply to minor material- or process-related dimensional deviations resulting from warping or shrinkage of the plastic, insofar as they do not materially impair the suitability of the goods for their contractual use.<\/p>\n

VIII. Terms of Payment<\/p>\n

34.<\/strong> All payments shall be made exclusively to the supplier in EUR (euros).<\/p>\n

35.<\/strong> Unless otherwise agreed, the purchase price for deliveries or other services shall be payable with a 2% discount for payment within 10 days, or without deduction within 30 days of the invoice date. Any discount for prompt payment shall be conditional upon settlement of all earlier due and undisputed invoices. No discount shall be granted for any payments made by bill of exchange. <\/p>\n

36.<\/strong> If the agreed payment deadline is exceeded, default interest shall be charged at a rate of 9 percentage points above the applicable base rate, unless the supplier proves that it has suffered greater loss. The customer shall retain the right to prove that the loss suffered was lower. <\/p>\n

37.<\/strong> The supplier reserves the right to refuse cheques or bills of exchange. Cheques and rediscountable bills of exchange shall be accepted only on account of payment and not in discharge of the debt, and all associated costs shall be borne by the customer. <\/p>\n

38.<\/strong> The customer may only set off claims or exercise a right of retention if its claims are undisputed or have been finally established by a court of law.<\/p>\n

39.<\/strong> Persistent failure to comply with the payment terms, or circumstances giving rise to serious doubts as to the customer\u2019s creditworthiness, shall result in all claims of the supplier becoming immediately due and payable. In addition, in such cases the supplier shall be entitled to demand advance payments for outstanding deliveries and, after expiry of a reasonable additional period without result, to withdraw from the contract.IX. Moulds (Tools) <\/p>\n

40.<\/strong> The price of the moulds shall also include the cost of one initial sampling, but not the costs of testing and machining fixtures or of modifications requested by the customer. The costs of further sampling for which the supplier is responsible shall be borne by the supplier. <\/p>\n

41.<\/strong> Unless otherwise agreed, the supplier shall be and remain the owner of the moulds manufactured for the customer by the supplier itself or by a third party commissioned by the supplier. The moulds shall be used exclusively for the customer\u2019s orders for as long as the customer fulfils its payment and acceptance obligations. The supplier shall only be obliged to replace such moulds free of charge where this is necessary to achieve an output quantity guaranteed to the customer. The supplier\u2019s obligation to retain the moulds shall expire two years after the last delivery of parts produced from the mould, subject to prior notification of the customer. <\/p>\n

42.<\/strong> If it has been agreed that the customer is to become the owner of the moulds, title shall pass to the customer upon full payment of the purchase price for them. Physical delivery of the moulds to the customer shall be replaced by their retention on behalf of the customer. Irrespective of the customer\u2019s statutory right to demand surrender of the moulds and of their service life, the supplier shall be entitled to exclusive possession of the moulds until termination of the contract. The supplier shall mark the moulds as third-party property and, at the customer\u2019s request, insure them at the customer\u2019s expense. <\/p>\n

43.<\/strong> In the case of moulds owned by the customer pursuant to paragraph 3 and\/or moulds made available to the supplier on loan by the customer, the supplier\u2019s liability with regard to storage and care shall be limited to the degree of care it exercises in relation to its own property. The costs of maintenance and insurance shall be borne by the customer. The supplier\u2019s obligations shall cease if, after completion of the order and following a corresponding request, the customer fails to collect the moulds within a reasonable period. For as long as the customer has not fully complied with its contractual obligations, the supplier shall in all cases have a right of retention over the moulds.X. Materials Supplied by the Customer <\/p>\n

44.<\/strong> Where materials are supplied by the customer, they shall be delivered in good time, at the customer\u2019s expense and risk, in perfect condition and with an appropriate quantity allowance of at least 5%.<\/p>\n

45.<\/strong> If these requirements are not met, the delivery period shall be extended accordingly. Except in cases of force majeure, the customer shall also bear any additional costs incurred, including those resulting from interruptions to production.XI. Industrial Property Rights and Defects in Title <\/p>\n

46.<\/strong> If the supplier is required to deliver in accordance with drawings, models or samples, or using parts supplied by the customer, the customer shall be responsible for ensuring that no third-party intellectual or industrial property rights are infringed in the country of destination of the goods. The supplier shall inform the customer of any such rights known to it. The customer shall indemnify the supplier against claims by third parties and compensate the supplier for any resulting loss. If a third party prohibits the supplier from manufacturing or delivering the goods by asserting an intellectual or industrial property right belonging to that third party, the supplier shall be entitled, without examining the legal position, to suspend the work until the legal position has been clarified between the customer and the third party. If, as a result of the delay, it is no longer reasonable to expect the supplier to continue with the order, the supplier shall be entitled to withdraw from the contract. <\/p>\n

47.<\/strong> Drawings and samples provided to the supplier which have not resulted in an order shall be returned on request; otherwise, the supplier shall be entitled to destroy them three months after submission of the offer. This obligation shall apply correspondingly to the customer. The party entitled to destroy such items shall inform the other contracting party of its intention to do so in good time beforehand. <\/p>\n

48.<\/strong> The supplier shall retain the copyright and, where applicable, industrial property rights, in particular all rights of use and exploitation in the models, moulds, fixtures, designs and drawings created by the supplier or by third parties on its behalf.<\/p>\n

49.<\/strong> In the event of any other defects in title, the provisions of Section VI shall apply accordingly. XII. Place of Performance and Jurisdiction <\/p>\n

50.<\/strong> The place of performance shall be the location of the supplier\u2019s works.<\/p>\n

51.<\/strong> The place of jurisdiction shall, at the supplier\u2019s option, be either the supplier\u2019s registered office or the customer\u2019s registered office, including in proceedings based on documents, bills of exchange and cheques. German law shall apply exclusively. The application of the United Nations Convention of 11 April 1980 on Contracts for the International Sale of Goods (Federal Law Gazette 1989, p. 586), as applicable to the Federal Republic of Germany (Federal Law Gazette 1990, p. 1477), is excluded. <\/p>\n\n\t\t<\/div>\n\n\t\t\n