GTC

A. Terms and Conditions of Sale and Delivery

I. Application

The following Terms and Conditions of Sale and Delivery are applicable to all business contracts between entrepreneurs in which Weener Plastik AG functions as seller or supplier. Unless agreed otherwise these Terms and Conditions of Sale and Delivery shall apply analogously – if transferable – for delivery by an affiliated company of Weener Plastik AG.

Deviating general terms and conditions of business of the customer, not explicitly recognised by Weener Plastik AG in writing, shall be non-binding even if not explicitly rejected.

All quotations by Weener Plastik AG are without obligation and will not become binding until confirmed in writing.

II. Payment

1. Tools (moulds) will be invoiced upon submission of samples. Invoices are payable net without discount.

If tool costs are offset via deliveries, amortisation of the tool costs paid out by Weener Plastik AG must be concluded within two years of delivery unless an explicit agreement has been made to the contrary.

Amounts not amortised by this date will be subject to interest over the entire period of 2 years at a rate of 5% above the basic rate of interest as per Section 247 BGB (German Civil Code) and invoiced two years following delivery of the tools by Weener Plastik AG. This invoice is payable on receipt, net without discount.

2. The following applies for finished goods.

The prices are to be understood as ex-works, excluding freight and customs charges, but including hired packing. Our invoices are payable within 30 days of the date of invoice without deduction.

Weener Plastik AG grants 2 % settlement discount for payments received within 14 days of the date of invoice. Settlement discounts apply to deliveries of goods only; all other services are provided strictly net.

3. For any late payment, Weener Plastik AG shall be entitled to charge interest on overdue payments at 5% above the basic rate of interest as per Section 247 BGB.

4. In case of repeated or ongoing late payment or given any other serious signs of payment being endangered, Weener Plastik AG can demand immediate payment for deliveries made as well as payment in advance or upon delivery for future supplies. Alternatively, Weener Plastik AG can require the customer to provide adequate collateral within an appropriate period.

If the customer fails to comply with the request to make payment or to provide appropriate collateral within a period of eight days, Weener Plastik AG shall be entitled to withdraw from the contract with immediate effect. The right to assert farther-reaching claims is explicitly reserved. 

III. Delivery period

1. The delivery period shall begin on the date of acceptance of the order and shall apply as adhered to if the goods ordered have left the plant of Weener Plastik AG or an affiliated company by the end of the delivery period or the customer has been notified that the goods are available for dispatch. The customer is not entitled to reject partial deliveries. Weener Plastik AG reserves the right to deviate from the order quantity by up to 10%; this will be taken into consideration in the invoice.

2. Printed and/or customer-specific goods as well as call-off orders must be collected within 12 months following order confirmation. If the customer fails to collect the ordered goods within this period, Weener Plastik AG shall be entitled to invoice the selling price and the storage costs for the goods not taken or called off, and to make the corresponding amount due for payment. If, in the event of default on delivery, the customer claims damages for non-fulfilment after the expiry of an appropriate period of grace, these damages shall be limited to the level of the additional costs of any cover purchase to be made, subject, however, to a maximum of the order value. Liability of Weener Plastik AG shall be unlimited in cases of intentional conduct.

3. In cases of force majeure, including workers’ union disputes and the consequences thereof, operational disturbances, delays in the delivery of raw materials and supplies, and a lack of energy, the deadline for delivery shall be extended by the duration of the disturbance if delivery is still possible. In such cases, any entitlement of the customer to damages shall cease to apply.

Any disturbance lasting more than 90 days as a result of force majeure shall entitle the parties to withdraw from the contract.

IV. Retention of title

1. Weener Plastik AG shall retain title to all goods or items delivered for as long as claims exist from ongoing business relations with the customer. In particular, the retention of title shall also cover all tools manufactured by Weener Plastik AG.

2. In the event of processing of goods or items by the customer, Weener Plastik AG shall apply as manufacturer and shall acquire ownership of the newly created goods or items. In cases of processing, joining or mixing with other materials owned by third parties, Weener Plastik AG shall acquire joint ownership in the ratio of the invoice value of the goods and items – plus the processing value – to the other materials.

3. If, in cases of joining or mixing of the goods of Weener Plastik AG with another item owned by a third party, this item is to be regarded as the main item, Weener Plastik AG shall acquire joint ownership of the item in the ratio of the invoice value of the goods – plus the processing value – to the invoice value, alternatively to the fair market value, of the main item. As soon as and in so far as the customer is or becomes owner of the filling item and/or other packing materials, the customer shall transfer the equitable lien to these items to Weener Plastik AG. In all above mentioned cases of this point IV., the customer shall keep the item for Weener Plastik AG in the manner of a prudent businessman.

4. If goods or items are the property of Weener Plastik AG, the customer shall be entitled to dispose of these in the ordinary course of business for as long as he complies with his obligations from the business relation on time. Attachment or transfer by way of security to third parties is excluded as long as retention of title, joint ownership shares or an expectancy applies/apply.

5. The customer hereby assigns henceforth to Weener Plastik AG claims and rights from the sale of goods and items, to which Weener Plastik AG has ownership rights, as security on a pro-rata basis in the ratio of the ownership share of Weener Plastik AG to the total value of the goods or items sold. Weener Plastik AG hereby accepts this assignment.

6. Upon request, the customer must provide all necessary information concerning the inventory of the goods and items owned by Weener Plastik AG and concerning claims assigned to Weener Plastik AG, as well as informing his customers of the assignment if requested to do so.

7. The customer must inform Weener Plastik AG immediately of any enforced execution measures of third parties against the goods or items belonging to Weener Plastik AG, or against assigned claims or other collateral, as well as of any other impairment; when so doing, the customer must hand over the documents necessary for intervention.

V. Dispatch and passing of risk

The provisions of Incoterms 2000 shall apply for dispatch and the passing of risk. 

VI. Liability for defects

1. Immediately upon receipt, the customer must carry out a suitable examination of the goods (trial filling, trial operation, product-specific function checks). Complaints based on recognisable material defects, incorrect deliveries or quantity deviations must be notified to Weener Plastik AG in writing within three days of receipt, non-recognisable defects within three days of detection.

2. In the event of complaints, Weener Plastik AG must be involved in the examinations.

3. Goods which are subject to complaint must be kept available until such time as Weener Plastik AG takes them back or approves their destruction in writing.

4. The warranty period is six months from delivery. With printed and/or customer-specific goods, the warranty period is six months from the date of invoicing.

5. Upon processing of goods that are subject to complaint or recognisably defective, these goods shall apply as recognised and accepted in the normal commercial manner.

6. Details and information concerning the suitability and use of the goods supplied by Weener Plastik AG are non-binding and shall not release the customer from own examinations and trials. The customer is exclusively responsible for observance of statutory and official regulations when using the goods. In the event of justified defects that are recognised by Weener Plastik AG, Weener Plastik AG shall grant either an appropriate price rebate or shall take back the defective goods and provide either replacement delivery or reimbursement of the counter-value. If the replacement delivery fails, the customer can reduce the selling price accordingly or withdraw from the contract of sale. Claims based on defects which do not exceed a fall-out of 3% of the total quantity with seals or 5% with other synthetic parts are excluded.

7. Defects to an immaterial partial delivery shall not entitle the customer to terminate the contract.

8. Envisaged wall thicknesses and weights will be adhered to as far as possible, Weener Plastik AG shall endeavour to comply precisely with prescribed colour tones. For technical reasons, however, Weener Plastik AG cannot guarantee absolute adherence.

9. Further claims of the customer, in particular claims for damages not incurred directly on the delivered item itself, are excluded, unless the damage is based on the absence of a feature for which Weener Plastik AG has explicitly assumed a warranty in writing with the recognisable purpose of indemnifying the customer specifically against damage based on this feature.

10. The withholding of payments or the offsetting against counterclaims is only permitted if these have been determined as legally binding or are undisputed. 

VII. Intellectual Property

The observance of third-party copyright, marking regulations and any other third-party intellectual property or comparable rights – including drafts supplied by us if these are based on information or regulations of the customer – is the sole responsibility of the customer. The customer shall be liable for the consequences of violation of such rights and provisions and shall indemnify us against all corresponding third-party claims.

VIII. Moulds and means of production

1. In the absence of any agreement to the contrary, drafts, models, blocks, drawings, embossing presses, tools and other means of production will be invoiced on a pro-rata basis only.

2. Weener Plastik AG shall keep the means of production for repeat orders, shall insure them against damage by fire and shall assume their maintenance. Weener Plastik AG shall only assume the costs of replacing means of production that have become unusable in the event of culpability on its part. Weener Plastik AG shall be entitled to destroy or make other use of the means of production if the customer has not placed any further orders for the corresponding goods within a period of two years since the last delivery.

3. All means of production shall remain the property of Weener Plastik AG and Weener Plastik AG shall not be obliged to hand these over.

4. If means of production are provided by the customer, Weener Plastik AG shall not be liable for expedient design. The customer shall hand over the means of production free of charge. All claims against Weener Plastik AG as a result of loss, damage, perishing or other value impairment of the means of production handed over are excluded.

IX. Liability

1. The above provisions constitute a conclusive statement on the liability of Weener Plastik AG. All claims not explicitly conceded (including claims for damages, in particular for tortious act, impossibility and default as well as claims for indirect or consequential damages and damages resulting from loss of production or profit) are excluded irrespective of the legal ground. Farther reaching liability for intentional conduct or gross culpability shall remain unaffected; nevertheless, it shall be limited to the damage foreseeable as a result of the violation of obligations. The customer cannot claim recourse to gross negligence on the part of Weener Plastik AG’s agents.

2. Should individual provisions of these Terms and Conditions of Sale and Delivery be or become invalid, the validity of the other provisions shall remain unaffected.

3. Invalid provisions shall be replaced by valid provisions which correspond as closely as possible to the economic purpose of the respective invalid provisions.

X. Applicable law and legal venue

All contracts concerning the sale and/or delivery of goods and items by Weener Plastik AG shall be governed exclusively by the law of the Federal Republic of Germany. Place of jurisdiction for all claims in connection with these contacts is Aurich.

B. Terms and Conditions of Purchase

I. Application

The following Terms and Conditions of Purchase are applicable to all business contracts between entrepreneurs in which Weener Plastik AG functions as ordering party or customer. Unless agreed otherwise these Terms and Conditions of Purchase shall apply analogously – if transferable – for orders by an affiliated company of Weener Plastik AG.

Deviating general terms and conditions of business of the supplier not explicitly recognised by Weener Plastik AG in writing, shall be non-binding even if not explicitly rejected.

II. Conclusion of contract

No special form is required as regards the validity of orders; nevertheless, orders placed verbally or by telephone shall only be valid if subsequently confirmed in writing by Weener Plastik AG. Verbal subsidiary agreements and amendments to the contract must be confirmed in writing.

Prior to receipt of written confirmation of the order by the supplier, Weener Plastik AG shall be entitled to revoke all orders.

As regards quantities, quality and design, quotations of the supplier must comply with the orders, tenders and any drawings prescribed or approved by Weener Plastik AG. The supplier shall inform Weener Plastik AG in writing about intended or existing deviations. Deviations require the prior written consent of Weener Plastik AG. With deliveries of granulate, quantity deviations of up to 10% shall apply as accepted by Weener Plastik AG.

III. Prices, dispatch, packing

The agreed prices are fixed prices, any supplementary claims are excluded. In the absence of any explicit agreement to the contrary, all costs of packing, transport and customs, including all customs formalities, are included in these prices. If the supplier’s prime costs change by more than 10% and this was unforeseeable for the parties, each party shall be entitled to demand new price negotiations. Nevertheless, Weener Plastik AG is not obliged to accept altered, in particular higher prices unless the preconditions of frustration of contract as per Section 313 BGB are given.

Notifications of dispatch, waybills, invoices and all correspondence must include the order number of Weener Plastik AG. The supplier must state the name of the person placing the order and, if known, that of the requesting party on delivery notes and invoices.

In the absence of any agreement to the contrary, dispatch shall be at the expense and risk of the supplier, free agreed place of delivery.

IV. Invoices and payments

Invoices must be submitted upon delivery together with all agreed information and documentation - in the absence of any special agreement with the customary information and documentation. Incorrect invoices shall be deemed not received by Weener Plastik AG until corrected.

Payment shall be made in a normal commercial manner within 14 days of delivery/performance and receipt of invoice with 3% settlement discount or within 30 days net, whatever occurs last.

V. Delivery dates, default, force majeure

The agreed delivery dates are binding and must be adhered to precisely by the supplier. Authoritative for adherence is receipt of the goods at the agreed delivery location.

If it becomes clear that a deadline will not be met, the supplier must inform Weener Plastik AG immediately in writing stating the reason and the foreseeable duration of delay. Irrespective of this, exceeding of a deadline shall trigger the default consequences. In urgent cases, in particular in order to avoid loss of production or with regard to own delivery obligations, Weener Plastik AG shall be entitled to cover its requirements elsewhere at the expense of the supplier.

Force majeure and industrial disputes shall release the contracting partners from their obligation to perform for the duration of the disturbance. Within the scope of that which is reasonable, the contracting partners are obliged to provide the necessary information immediately and to adjust their reciprocal obligations to the changed circumstances in good faith. If Weener Plastik AG is no longer interested in the delivery as a result of the delay, it shall be entitled to withdraw from the contract following prior notification. The right to assert damages and to withdraw as per the statutory provisions shall remain unaffected.

In the event of delivery prior to the agreed date, Weener Plastik AG reserves the right to return the consignment at the expense of the supplier. If it accepts the goods, these shall be stored at Weener Plastik AG at the expense and risk of the supplier up until the agreed delivery date. To any payment agreement, the agreed delivery date shall apply exclusively.

Partial deliveries will only be accepted upon explicit agreement.

VI. Warranty

Obvious defects to the delivery, in particular quantity deviations that exceed the extent set out in point II. as well as obvious transport damage, will be reported by Weener Plastik AG as soon as detected during the proper course of business. Notification shall apply as on time if made within a period of 7 working days following receipt of the delivery. Other defects must be notified within 7 working days of detection.

The supplier guarantees that his products are of the agreed quality, in particular that they comply with the specification required by Weener Plastik AG. Amendments and deviations require prior written agreement.

Weener Plastik AG shall be entitled to the full statutory defect claims, including damages and compensation for expenses incurred.

In the event of the supplier failing to comply with the request for removal of defects or replacement delivery within a period of 10 working days – immediately in the case of deliveries of granulate and paint – the repair shall apply as having failed; the ordering party shall then be entitled to withdraw from the contract immediately and to demand damages instead of performance.

VII. Product liability, liability insurance

If the supplier is responsible for product damage, he shall be obliged to indemnify Weener Plastik AG against any third-party claims for damages upon the first request. Weener Plastik AG and the supplier shall inform and support each other in defending such third-party claims. The supplier undertakes to take out sufficient product liability insurance.

VIII. Protected privileges and liability for legal defects

The supplier hereby gives an assurance that all deliveries are free from any third-party rights and in particular that delivery and use of the items does not infringe patents, licenses or other third-party intellectual property rights in the country of the agreed place of performance and in the intended country of use.

The supplier shall indemnify the ordering party and his customers against claims of third parties based on any infringements of intellectual property rights and shall bear all costs incurred by the ordering party in this context. In other respects, the rulings agreed in these General Terms and Conditions of Business shall apply for other defect claims.

IX. Confidentiality

The contracting partners undertake to treat all information disclosed to them within the scope of the business relations as confidential. In particular, they are obliged to treat all illustrations, drawings, calculations, construction sketches, models, CAD data, and other documents and information received as strictly confidential. The content of such must only be made accessible to third parties with explicit, written approval.

The obligation to maintain secrecy shall also continue to apply unrestrictedly following the termination of the present contract, including in the event that no agreement between the parties ma be reached.

Documents received must automatically be returned in full to the contract partner at the end of the business relation, including all copies; files must be handed over or irretrievably be destroyed.

X. Miscellaneous

Should individual parts of the Terms and Conditions of Purchase be or become legally invalid, the validity of the other provisions shall remain unaffected.

The supplier is not entitled to forward the order or significant parts thereof to third parties without prior, written consent, or to assign claims outside of any extended or prolonged retention of title.

If the supplier ceases payments, insolvency proceedings are applied for or opened against his assets, or if extra-judicial debt relief proceedings are initiated against the supplier’s assets, the ordering party shall be entitled to terminate the contract immediately if the application is not withdrawn within 4 weeks.

Place of performance is the registered office of Weener Plastik AG unless otherwise stated in the order confirmation.

All contracts concerning the sale and/or delivery of goods and items by Weener Plastik AG shall be governed exclusively by the law of the Federal Republic of Germany. Place of jurisdiction for all claims in connection with these contacts is Aurich.

C. Terms and conditions of use of this website

I. Copyright

All copyright to texts, pictures and other works published on this website lies with Weener Plastik AG unless third-party copyright exists. All reproduction, distribution, exploitation or public communication requires the prior written consent of Weener Plastik AG.

II. Liability

The content of this website has been prepared with the utmost care. Nevertheless, Weener Plastik AG cannot be held liable for the correctness and up-to-date status of the content communicated.

Weener Plastik AG assumes no liability for the content of websites to which reference is made on this website via links or in any other way.

III. Data protection

If Weener Plastik AG collects personal data on this website via offers, the user explicitly consents to the recording, processing and use of this data. The user has the right to revoke this consent at any time with effect for the future.

Person-related data will only be collected in so far as this is necessary for the processing of orders and/or other instructions. Weener Plastik AG is entitled to forward person-related data to its authorised third parties for the purpose of fulfilment of orders.

The user is entitled to demand information on, correction, deletion and barring of person-related data by Weener Plastik AG at any time.