General terms and conditions - as of 09/2022
All prices are increased by the statutory value added tax.
For dangerous goods we charge a dangerous goods surcharge of 15.00 €/shipment.
Minimum order quantity: 30 kg - delivery plus shipping costs, freight costs on request.
Deliveries abroad are always ex works, duty unpaid and untaxed.
1. General
When an order is placed, the following terms and conditions of sale and delivery become the subject matter of the contract for this and all further orders. Conflicting terms and conditions of purchase of the buyer shall be deemed to be null and void, even if they are declared to be exclusively valid by the buyer. Should the new statutory regulations of the German Civil Code, which apply from January 1, 2002, conflict with individual conditions below and the statutory regulations are therefore effective instead of these individual conditions below, the content of the other condition shall remain unaffected and continue to be effective.
2. Order and acceptance
Unless confirmed in writing, all offers, prices, orders and commitments are non-binding for us. Any order placed with us shall only be deemed accepted upon written order confirmation.
3. Delivery
The delivery date in our confirmation letter is always decisive for the delivery time. Events of force majeure or operational disruptions, regardless of whether they are caused by strike, lockout, shortage of goods or energy, fire or other causes, entitle us to extend the delivery period appropriately or to cancel the contract. Contractual penalties due to delayed delivery are excluded; claims for damages are limited to cases of delay caused intentionally or by gross negligence.
4. Delay in acceptance and payment
In the event of acceptance and delayed payment or deterioration in the creditworthiness of the buyer, we shall have the right to withdraw from the contract or to demand compensation without a reminder and without setting a deadline, insofar as the buyer is a registered trader.
In the case of non-merchants, a threat of refusal is not required to exercise the aforementioned rights. Furthermore, in this case all our claims shall become due immediately.
If the buyer does not meet his payment obligations despite a reminder or if he disposes of the delivered goods in an unauthorized manner, we may, subject to further claims, discontinue any further delivery to the buyer.
5. Further processing and export
The further industrial processing and export of our products outside the EU is only permitted with our express permission.
6. Place of performance
The place of performance for the mutual obligations arising from the contractual relationship is Norderstedt.
7. Place of jurisdiction
The place of jurisdiction for all legal disputes arising from this contract is Hamburg, provided that both contractual partners are registered traders and no exclusive place of jurisdiction is established (§§ 38l; 40 ZPO).
8. Prices
The list prices valid at the time of delivery of the goods shall apply. The prices include packaging. In the case of urgent and express shipments, the additional freight shall be borne by the Buyer.
9. Packaging
Our packaging is disposable packaging. The products contained therein are intended for commercial use only.
We fulfill the take-back obligation as transport packaging (cardboard packaging) arising in the trade through the RESY system. We fulfill the obligation to take back sales packaging (bottles, canisters, barrels) from commercial customers by disposing of it via disposal or recycling systems that are necessarily already in place anyway, whereby the separate regulation is hereby deemed to have been agreed and is covered by the special pricing.
10. Payment
Unless otherwise agreed in writing, the purchase price for delivered goods shall be due on the calendar day corresponding to the day of invoicing in the immediately following month (net cash within 30 days). The date on which payment is received by us, and not the date on which the invoice is sent, shall determine whether the purchase price has been paid on time. For early payments or payment within a period of 10 days, calculated from the invoice date, we grant a 2% discount on the purchase price paid. Our representatives are not authorized to accept payments. We reserve the right to charge interest of 8% p.a. on overdue payments.
11. Reservation of title
The delivered goods shall remain our property until full payment has been made. In the event of resale by the buyer in the ordinary course of business, the claims to which the buyer is entitled from the resale of the goods, together with all ancillary rights, shall be assigned to us in place of the goods. Pledging the goods belonging to us to third parties is prohibited. We must be informed immediately of any seizure of the goods or of any claims assigned to us. Any costs of intervention shall be borne by the buyer.
12. Resale
The resale of our products is only permitted in their original packaging. The repackaging and filling of our products is not permitted.
Separate regulation on the fulfillment of the obligation to take back packaging in accordance with the Packaging Ordinance
According to the Packaging Ordinance of August 1998, there is an obligation to take back transport packaging or empty sales packaging for the product containers (cardboard boxes, bottles, canisters, barrels, etc.) that we place on the market.
This packaging can be disposed of via the dual system (DSD) with the “yellow bag” or the “yellow garbage can”.
For commercial waste disposal of more than 1,100 liters with a 14-day disposal cycle, individual solutions are possible by arrangement.
To fulfill the take-back obligation, we offer our customers the following arrangement:
A. Sales packaging
1. The containers are completely empty.
2. The containers are rinsed clear with water and the cleaning water is added to the working solution.
3. Cleaning is documented on a sticker provided with signature, date and company stamp.
Emptied and rinsed
Container has been rinsed with water after complete emptying and the rinsing water has been added to the working solution.
Signature: Company stamp:
Date:
Waste code number according to EWC: 150102 Plastic or 150104 Metal
4. The sticker is affixed to the hazardous substance declaration area (above R and S phrases, hazardous substance symbol) of the product label.
5. Due to measures 1 - 4, recycling under the EWC waste code numbers as plastic or metal can be ensured.
6. By complying with the prescribed handling, this packaging is exempt from the GGVS/ADR hazardous goods transportation law.
7. The costs incurred for customers who are not “private end users” shall be agreed in advance via a “price reduction for disposal” to be agreed in individual cases and must be reported to us.
8. In all other cases, the packaging will be disposed of by the Dual System.
B. Transport packaging
Transport packaging arising in the trade (here: outer cartons) is connected to the RESY system and can be recycled via the Dual System