BKT, Böhl - Kunststofftechnik GmbH & Co. KG

Sales tax ID no.: DE 229686999
HRB 6686 HRA 7205
Managing Director Dipl.-Wirt. engineer Hans Böhl

§1 - Conclusion of contract, offers
1. deliveries, services and offers are exclusively based on these terms and conditions. These are therefore valid for all future business relations, even if they are not expressly agreed upon again. These terms and conditions shall be deemed accepted at the latest upon receipt of the goods or services. Counter-confirmations of the buyer with reference to his terms and conditions are hereby already contradicted. Deviations from these terms and conditions are only binding if we confirm them in writing.
2. our offers are subject to change and non-binding, samples and brochures are only used as illustrative material. Consequently, drawings, illustrations, dimensions, weights and other performance data in our sales documents are only binding if this is expressly agreed in writing. We reserve the right to adapt our products to a later standardization.
§2 - Pricing
1. our offers are subject to change and non-binding, unless fixed prices have been expressly agreed. The prices quoted are ex works excluding packaging and transport and excluding value added tax. The prices stated in our order confirmation plus the statutory value added tax applicable at the time are always decisive. Confirmed prices of an order are under no circumstances binding for repeat orders of similar parts.
§3 - Delivery time
1. the delivery time is set at our best discretion, but delivery periods and dates are only approximate unless we have expressly designated them as binding in writing.
2. if we are in default, the customer must set us a reasonable period of grace in writing.
The delivery period itself begins with the day of dispatch of our order confirmation. We reserve the right to correct and punctual supply of raw materials to ourselves. The delivery period shall not commence before all details of execution have been clarified.
3. the delivery period shall be extended, even within a delay in delivery, by a reasonable period of time in the event of unforeseen obstacles which we were unable to avert despite exercising reasonable care in accordance with the circumstances of the case, irrespective of whether they occurred at our premises or those of our subcontractors, for example, operational disruptions, official intervention, industrial action, delays in the delivery of raw materials and supplies. If delivery or performance becomes impossible due to these circumstances, we shall be released from the delivery obligation and any claims for damages and claims for withdrawal from the contract on the part of the purchaser derived from this shall be cancelled. If this case occurs, the same legal consequences apply to his obligation to accept delivery.
The right of the customer to withdraw from the contract after the fruitless expiry of a grace period shall remain unaffected.
§4 - Transfer of risk and dispatch
1. the risk shall pass to the customer as soon as the ordered delivery leaves our warehouse or the customer has been notified that the goods are ready for dispatch, including the risk of accidental loss and accidental deterioration, irrespective of who bears the freight costs. This shall also apply if, at the request of the customer, the shipment is made to a place other than the customer's registered office.
The choice of the dispatch route and the means of transport shall be made at our best discretion without guarantee of the cheapest shipment, unless the customer has given us instructions for dispatch.
If goods are sent directly to third parties, acceptance must take place in our factory, otherwise they shall be deemed to have been delivered in accordance with the conditions. If the buyer wishes to inspect the goods in our factory for the purpose of acceptance, he must notify us of this intention in good time.
§5 - Partial delivery
1. we are entitled to make partial deliveries to a reasonable extent. Excess or short delivery in the amount of 10 % of the agreed quantity is permissible, as is customary in the industry.
§6 - Tools
1. tools, also for articles protected for customers, remain our sole property. This also applies if the customer has paid cost allowances, tool cost shares or whatever else has been called, or these cost shares have been included in the item price.
2) In the event of termination of the cooperation, the customer shall also have no claim to reimbursement of costs for the tools or devices or parts thereof. In return, we shall assume the costs for the maintenance and repair of the tools, even in the case of custom-made products.
§7 - Retention of title
1) The delivered goods remain our property until full payment of all claims, including future claims arising from the business relationship between the customers and us, even if the purchase price for specially designated claims has been paid. In the case of a current account, the reserved property rights shall apply with security for unpaid invoices.

2) In the event of payment by cheque with the acceptance of a refinancing bill of exchange, our reservation of title shall not expire when the cheque is cashed, but only when the last refinancing paper is cashed.
3. the purchaser is entitled to resell the goods subject to retention of title in the normal course of business, provided that the claims from the resale are transferred to the seller as follows The customer hereby assigns to us his claim from the resale of the reserved goods. We accept this assignment. At our request, the customer shall provide us with the information necessary for collection of the assigned claims and shall inform the debtor of the assignment. The customer is not permitted to pledge or assign as security the goods delivered by us under reservation of title. He is obliged to secure our rights in case of resale or goods subject to retention of title on credit.
Any processing or treatment of the goods subject to retention of title shall be carried out by the customer on our behalf without any obligations arising for us. If the reserved goods are processed, combined, mixed or blended with other goods not belonging to us, we shall be entitled to the resulting co-ownership share in the new object in the ratio of the invoice value of our reserved goods to the other processed goods at the time of processing, combining, mixing or blending. If the customer acquires sole ownership of the item, he shall grant us co-ownership of the new item in the ratio of the value of our reserved goods and shall keep it in safe custody for us free of charge. If the reserved goods are resold together with other goods, regardless of their condition, the advance assignment agreed above shall only apply to the amount of the value of the reserved goods that are the subject of the delivery transaction together with other goods.
4. the purchaser must inform us immediately of any enforcement measures by third parties against the reserved goods or the claims assigned in advance, and must hand over the documents necessary for intervention.
If the securities to which we are entitled in accordance with the above provisions exceed the claims to be secured by 20%, we shall release fully paid deliveries at our discretion in individual cases at the request of the customer.
§8 - Warranty, liability, claims for damages
1. we assume the warranty for the goods delivered by us in accordance with the following provisions, which contain the warranty rules.
2. the customer is obliged to inform us in writing of any defects immediately, but at the latest within one week of receipt of the delivery item and to describe the defect precisely. Defects which cannot be discovered within this period even with careful examination must be notified to us in writing immediately after discovery and must be described precisely.

3. in the case of a justified notice of defects, we may, at our discretion:
a) take back the defective goods and deliver perfect goods;
b) demand that the buyer returns the defective delivery item to
returns our costs to us for the purpose of rectification
or ready for pickup.
4. further claims (such as dismantling and installation costs, transport costs, damages, etc.) are excluded, regardless of the legal grounds. Replaced parts shall be returned to the supplier carriage forward on request.
5) In any case, the delivery item must be made available to us for inspection and viewing.
If the repair or new delivery fails after a reasonable period of time, the customer may demand a reduction in price or withdrawal from the contract.
6. liability for normal wear and tear is excluded.
7. only the direct purchaser is entitled to warranty claims against us and these are not transferable.

§9 - Terms of payment
1 Unless otherwise agreed, our invoices are payable within 10 days of the invoice date with a 2% discount or within 30 days of the invoice date net without discount.
We are entitled, despite any provisions of the buyer to the contrary, to set off payments first against the buyer's older debts. If costs and interest have already been incurred, we shall be entitled to set off the payment first against the costs, then against the interest and finally against the principal claim.
2. a payment shall only be deemed to have been made when we can dispose of the amount. In the case of payment by means of papers, which we reserve the right to accept in individual cases, payment is only deemed to have been made when the paper has been redeemed.

3. if the customer is in default, we shall be entitled to charge interest from the date in question at the interest rate charged by the commercial banks for open overdrafts plus statutory VAT. The interest rate shall be set lower if the purchaser can prove a lower charge.
4. if the buyer does not meet his payment obligations, in particular if he does not honour a cheque or suspends his payments, or if we
If other circumstances become known which call the creditworthiness of the customer into question, we are entitled to make the entire remaining debt due and payable, even if we have accepted cheques or bills of exchange. In this case we are also entitled to demand advance payment or the provision of security.
5. even if defects or warranty claims are asserted, the customer is only entitled to offset, withhold or reduce payment if the counterclaims have been legally established or are undisputed.
§10 - Data protection
We process personal data to maintain customer relations in accordance with the requirements of the DGSVO. You have the right of information and deletion of your data.
§11 - Place of performance, place of jurisdiction, applicable law
If the customer is a registered trader or has his place of business abroad or moves his place of business abroad after conclusion of the contract or cannot be found at the time of filing a suit, the sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship, including disputes arising in connection with cheques and bills of exchange, shall be the competent court according to the respective value in dispute.
The place of performance for all obligations arising from the contractual relationship is Bad Berleburg.
3 German law shall apply to the contractual relationship with the proviso that the uniform law on the purchase of movable goods shall not apply.
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