Terms of Service

Terms of Service

1. General

1.1 These terms and conditions apply unless the contracting parties have agreed otherwise in writing. Deviating conditions of the customer as well as supplements are only binding for us if they have been confirmed by us in writing.

1.2 By placing the order or accepting the delivery, the customer accepts our terms of sale.

1.3 Our terms and conditions apply exclusively to the contract; other conditions do not become part of the contract, even if we do not expressly object to them.

2. Prices and Payment

2.1 Unless otherwise agreed, our prices are ex works plus VAT.

2.2. We shall invoice the costs for packaging, freight and postage separately. Packaging is non-returnable.

2.3 Our offers are non-binding and are valid for a maximum of 3 months. We reserve the right to change and re-agree confirmed prices if the price-determining factors have changed significantly compared to those at the time the contract was concluded. If Spritzguss Müller covers the tooling costs fully or partially, this is based on the customer's projected purchase quantities. If the forecasted annual quantity is not reached within two years, we reserve the right to charge the tooling costs proportionally or in full retrospectively.

If Spritzguss Müller covers the tooling costs fully or partially, this is based on the customer's projected purchase quantities. If the forecasted annual quantity is not reached within two years, we reserve the right to charge the tooling costs proportionally or in full retrospectively.

2.4 Our invoices are payable: 14 days net. Payment by check or bill of exchange is only deemed to have been made after it has been honoured. The purchaser shall bear the discount and collection costs. If the agreed payment deadline is not met, we will charge default interest of 2% above the respective base interest rate of the Deutsche Bundesbank from the due date, without the need for a special notice of default.

2.5 The customer can only offset against our claims or assert a right of retention if the counterclaims of the customer are undisputed or a legally binding enforcement title against us exists.

3. Orders

3.1 Orders are only considered accepted if they have been confirmed by us in writing. The written order confirmation is decisive for the scope of the delivery.

3.2 Excess or short deliveries of up to 10% of the ordered quantity are customary in the industry and do not justify complaints or refusals of acceptance

3.3 Special agreements must be made regarding framework agreements with call-off quotas. Quantities ordered on call shall only be taken into production after the customer has expressly set a deadline.

3.4 However, the production material shall be purchased for the entire quantity and invoiced if the order is canceled and cannot be used for other purposes. Cancellations in whole or in part as well as deadline provisions can no longer be taken into account after the start of production.

4. Reproduction Right

4.1 We reserve the right of reproduction for drafts that have been made by us.

4.2 An investigation or responsibility for whether drafts, data and templates delivered to us violate existing copyrights, trademarks or utility models filed with courts is rejected.

5. Proofs and Release Samples

5.1 The appraisal and approval of proofs, drawings and samples releases us from any liability for errors that have not been the subject of a complaint.

5.2 No responsibility is assumed for errors that have arisen in the order, in the documents sent, or as a result of unclear or incomplete information.

6. Tools and devices

6.1 Tools, devices and pressure devices are only charged with a share of the costs. They remain our property.

7. Delivery times

7.1 Die Lieferzeit wird nach bestem Ermessen angegeben sie ist unverbindlich.

7.2 If the manufacture or delivery of the ordered goods becomes impossible or considerably more difficult for us due to circumstances for which we are not responsible, regardless of whether the circumstances occur in our factory or at our sub-suppliers (e.g. force majeure, operational or production disruptions, fire, labor conflicts, non-timely or proper delivery by our suppliers, etc.), we are released from the delivery obligation for the duration of the hindrance and its aftermath.

7.3 Claims for damages due to non-fulfillment or late delivery are excluded.

7.4 If the customer does not accept the sold goods in whole or in part despite our setting a reasonable deadline, we are entitled, by means of a simple written notification, to withdraw from the contract with regard to the part not accepted and without judicial intervention and to demand compensation from the customer for the goods sold non-performance to demand damage suffered. The compensation amounts to at least 100% of the sales price plus the expenses incurred by us.

7.5 Exceeding the delivery time or late delivery do not entitle the customer to withdraw from the contract or to refuse acceptance.

8. Passing of Risk

8.1 All risk passes to the customer when the goods (or films, sketches, data) leave our works. Statements and information about the suitability and use of the goods do not exempt the buyer from carrying out his own tests and tests, in particular with regard to the suitability of the goods supplied for the processes and purposes intended by the buyer.

9. Retention of Goods

9.1 All delivered goods remain our property until the complete fulfillment of our claims from all deliveries including any claims for damages. The goods may be resold or further processed in the ordinary course of business.

9.2. Wird die Ware vor Erfüllung unserer sämtlichen Kaufpreisforderungen weiterveräußert, so tritt an die Stelle der Ware durch Vorausabtretung die Forderung des Bestellers aus dem Wiederverkauf oder im Falle der Verbindung, Vermischung oder Verarbeitung in Höhe des Wertes der von uns gelieferten Waren, ohne dass es einer ausdrücklichen Veräußerung sofort zu benachrichtigen und den Dritterwerber anzuweisen bedarf, insowek Zahlung direkt an uns zu leisten. Erhält der Besteller abweichend hierzu vom Dritterwerber dennoch seine Forderung bezahlt, so nimmt er diese Zahlung treuhänderisch im Sinne der Untreuvorschrift des Strafgesetzbuches entgegen und ist verpflichtet, den entgegenkommenden Betrag sofort an uns weiterzuleiten.

9.3 The customer may neither pledge the delivered goods nor assign them as security. In the event of seizure, confiscation or other disposal by third parties, the customer must inform us immediately.

10. Warranty

10.1 The customer must report any defects immediately in writing or by telex within 14 days of receipt of the goods at the latest. Insignificant or small defects in material, surface or color, which are due to the nature of the production, do not justify a complaint.

10.2 Bei fristgemäßen, berechtigten Reklamationen steht es uns frei, die gelieferte Ware nachzuarbeiten, Ersatz zu liefern oder, entsprechend der Wertminderung der Ware, dem Besteller Gutschrift zu erteilen. Weitergehende Ansprüche des Bestellers irgendwelcher Art sind ausgeschlossen. Der Besteller hat insbesondere keinen Anspruch auf Rückgängigmachung des Kaufvertrages, Minderung des vereinbarten Kaufpreises oder Ersatz von Schäden irgendwelcher Art einschließlich Gewinnentgang, die unmittelbar auf die Mängel zurückzuführen sind.

10.3 Our obligation to acknowledge a complaint does not apply to any further processing of the delivered goods, even partial, without our prior consent.

11. Withdrawal

11.1 We are entitled to withdraw from the contract in whole or in part if the customer is in default of acceptance or is in financial collapse, especially if a court settlement or insolvency proceedings are opened over their assets.

11.2 In the event of withdrawal, the customer is not entitled to any claims for damages against us.

12. Place of Fulfillment and Jurisdiction

12.1 The place of fulfillment is Buchbach.

12.2 The place of jurisdiction for all disputes arising from or related to this contract is the district court responsible for Buchbach. This also applies to checks or bills of exchange.

12.3 However, we are also entitled to bring an action before the domestic or foreign respective court responsible for the customer.

13. Governing Law

13.1 The contract is subject to German law.