General terms and conditions of business

§ 1 Area of application

Our conditions of sale apply exclusively. Varying conditions on the part of the purchaser do not apply, unless expressly acknowledged by us in writing.

§ 2 Commencement of the contract

Our quotations are given without commitment. Orders are binding offers, and may be accepted, at our discretion, by sending a written order confirmation or delivering the goods.

§ 3 Extent of delivery, packaging

3.1 The extent of delivery is determined by our written order confirmation, or in the case of delivery of the goods without prior confirmation, by the order.
3.2 If we provide our own packaging and transport material, these become the property of the purchaser. We reserve the right to charge for such materials. We reserve the right of minor packaging and transport material changes.

§ 4 Delivery time

4.1 The delivery time begins with the sending of the order confirmation, although not before provision of the documentation, approvals or releases to be provided by the purchaser or receipt of any agreed advance payment.
4.2 The delivery time is deemed to have been observed if, before it elapses, the purchaser is notified that the goods are ready for dispatch or the goods have left the works.
4.3 The agreed delivery time is suspended as long as the purchaser is in arrears with outstanding liabilities.
4.4 In case of culpable failure to meet an agreed delivery time, delivery delay only comes into effect after setting of an appropriate subsequent delivery period.
4.5 Part-deliveries are permissible within our specified delivery times, provided that this does not result disadvantages for the use of the goods.
4.6 If we are late in delivering, our compensation liability is excluded in cases of only minor negligence.
4.7 The delivery time is extended in case of measures as a result of labour disputes, in particular strikes and lock-outs, or the occurrence of unforeseen hindrances beyond our control, e.g. interruption of business operations, delays in delivery of essential materials which are beyond our control, provided that such hindrances clearly have a considerable effect on the delivery of the goods. This also applies if such circumstances occur with subsidiary suppliers. The delivery time is extended automatically by the duration of such measures and hindrances. The above circumstances are further not our responsibility if they occur during an already existing delay. The purchaser will be notified of the beginning and end of such hindrances as soon as possible. If the resulting delays exceed a period of 6 weeks, both parties are entitled to withdraw from the contract with regard to the extent of services affected. No claims may be derived from such withdrawal. Payments already made must however be refunded.

§ 5 Prices, payment terms, late payment

5.1 Unless specified otherwise in the order confirmation, our prices apply net, ex-works and without packaging, plus VAT at the applicable rate.
5.2 Unless agreed otherwise, our invoices become due for payment immediately on invoicing.
5.3 In variance from § 284 III BGB (German Civil Code), the purchaser is also deemed to be in payment arrears if he has been reminded by the sender or the order was based on a particular calendar date, and the purchaser has not made payment by this time at the latest.
5.4 If the purchaser falls into payment arrears, we are entitled to charge late payment interest at a rate of 7% above the base interest rate in accordance with § 1 of the Discount Rate Transition Act of 09.06.1998. If we can demonstrate higher late payment damages, we are also entitled to claim such damages.
5.5 In the case of contracts with an agreed delivery time of over 6 weeks, we reserve the right to increase our prices accordingly in line with cost increases due to wage increases or material price increases. If the increase is more than 5 % of the agreed price, the purchaser is entitled to withdraw from the contract.
5.6 The purchaser is only entitled to reconcile payments if his counter-claims are either acknowledged by us or established in law.
5.7 In case of agreed carriage-paid delivery, the prices specified by us are based on the freight and ancillary charges applicable at the time of quotation. They will therefore be modified in line with changed freight and ancillary charges for the delivery, to the benefit or cost of the purchaser, without the purchaser thereby deriving any right of withdrawal.
5.8 In case of late payment and justified doubt over the liquidity or creditworthiness of the purchaser, we are entitled, without detriment to our further rights, to require securities or advance payments for outstanding deliveries, and declare all claims arising from the business relationship due for payment immediately.
5.9 Cheques and foreign exchange only qualify as payment after being honoured. The acceptance of foreign exchange always requires our prior written agreement. Bank discount and collection charges will be applied when accepting foreign exchange. These must be paid immediately in cash.

§ 6 Dispatch

6.1 Dispatch and loading are carried out uninsured and at the risk of the recipient.
6.2 The means of packaging and dispatch will be chosen at our discretion and according to our experience.
6.3 We will make every effort to take into account the wishes and interests of the purchaser with regard to the means of packaging and dispatch; any resulting additional costs, including in case of agreed carriage-paid delivery, must be borne by the purchaser.

§ 7 Guarantees

7.1 The purchaser is obliged to check the goods immediately, and at the latest within 2 days of receipt, for faults, and if reasonable by random sampling, and notify us of any existing faults. Otherwise the goods are deemed to be accepted. We accept no liability for damages occurring or reported later, provided that this does not relate to concealed faults. Liability is in all cases excluded after 6 months following the date of delivery.
7.2 Minor variations in the colour or composition of the recyclates supplied are due to inherent product characteristics, and do not constitute faults. The recyclates supplied by us are obtained from new and used production waste from the film industry, which have undergone at least one processing operation. Newly produced plastics with defined properties may be added for the purpose of adding pigments or fillers to improve the characteristics. Recyclate is the general term for the newly produced regranulate, which is obtained from recyclate or milling material by a melting process. The regranulate is pure, since it consists of plastic from various manufacturers but with the same designation. It is homogenised by mixing in silos with regard to colour, MFI and density.
7.3 In the event of a fault, we are entitled, at our discretion, to rectify the fault or provide a replacement delivery. We will only assume the costs involved providing that the goods have not been transported to another location other than the point of delivery. If rectification of the fault or replacement delivery is not possible within a reasonable time, we are entitled, at our discretion, to cancel the contract or reduce the price.
7.4 Claims by the purchaser above and beyond the claims specified in Item 7.3, and in particular claims for compensation for damages on the grounds of lost profit, other material damages and consequential damages, are excluded. This does not apply if the cause of the damage is attributable to deliberate or gross negligence on our part, or if the purchaser claims compensation for damages on the grounds of lack of assured properties.

§ 8 Reservation of ownership

8.1 We reserve ownership of the goods ordered until receipt of full payment under the contract.
8.2 In case of non-contractual action on the part of the purchaser, and in particular late payment, we are entitled to take back the goods after appropriate warning. The purchaser is obliged to surrender the goods.
8.3 The claim of reservation of ownership or assignment of the goods supplied by us do not constitute withdrawal from the contract.
8.4 The purchaser is entitled to process or reform the goods supplied, although this is always carried out on our behalf until full payment has been received.
8.5 The purchaser is entitled to resell the goods supplied in the normal course of business; the purchaser however hereby relinquishes in our favour all claims up to the amount of the purchase price (incl. VAT) agreed between us and the purchaser, which accrue to the purchaser from such resale, irrespective of whether the goods supplied were resold without or after processing. The purchaser remains entitled to collect such claims following the relinquishment. Our authority to collect the claim remains unaffected, although we undertake not to do so as long as the purchaser complies with his payment obligations and does not fall into payment arrears. If the latter does occur however, the purchaser is obliged to notify us of the relinquished claims and the corresponding debtors, to provide all the information necessary for collection, to hand over all the relevant documentation and to notify the third-party debtor of the relinquishment.
8.6 If the goods supplied are inseparably mixed with other goods or materials not belonging to us, we acquire joint ownership of the new goods in the ratio of the value of the goods supplied by us to the other, mixed goods. The purchaser keeps this joint property on our behalf.
8.7 The purchaser may neither assign the goods nor transfer them as security until the goods have been paid for in full. In the event of assignment or seizure or other distraint by third parties with respect to our goods or claims, the purchaser must notify us to this effect immediately by registered letter, and provide us with all information and documentation required in order to protect our interests and preserve our title. Compulsory enforcement officers and third parties must be notified of our ownership of the goods.
8.8 We undertake to release any securities held by us, at the request of the purchaser, where such securities exceed the secured claims by more than 20%.
8.9 We are entitled to reconcile payments due against counter-claims.

§ 9 Place of fulfilment and jurisdiction, German law

9.1 Place of fulfilment is our offices in Goldenstedt.
9.2 For all disputes arising from the contractual relationship, legal action must be instituted with the court responsible for our head offices. We are also entitled to institute legal action with the court responsible for the purchaser’s head offices.
9.3 This contract is subject exclusively to German law, and to the exclusion of the UN Convention on the International Sale of Goods (CISG), even if the purchaser is based abroad.

§ 10 Miscellaneous

10.1 Transfers of rights and obligations of the purchaser arising from this contract require our written agreement in order to be valid.
10.2 If any of the above stipulations prove to be or become invalid, this shall not affect the validity of the remaining stipulations.

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Official Supporter! Rasta Vechta Facebook WELA-Plast bei Facebook Unsere Tochter WELA Colours
Unsere Partner Prayag Zentrum für Werkstoffe und Technik
Our Certificates Eucertplast Zertifikat TüV Rheinland Zertifikat