GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS
Plastico Trading GmbH & Co. Kommanditgesellschaft

For the business agreement between PLASTICO Trading GmbH & Co. Kommanditgesellschaft as SELLER, here forth named PLASTICO, and the BUYER, the following offer, order, sales and delivery conditions apply:

  1. All offers are non-binding, without engagement, subject to confirmation, right of error and are subject to prior sale.  All quoted prices are based strictly and exclusively ex-stock, location, foundation, unpacked, unloaded, uninsured, non-tariff without export/credentials preparation and, in addition, all domestic sales do not include the legally required VAT (value added tax).  All statements, whether commercial or technical, oral or in written form, are approximations and are non-binding.
  1. All delivery contracts require written confirmation from PLASTICO to be considered valid. Arrangements made with our clerks or agents, insofar as they have no representative power, need our confirmation.
  1. When a machine is not purchased directly from our warehouse, and the location of the machine has been disclosed and/or confirmed to the BUYER, said BUYER agrees to and is obligated not to share or make accessible this information to a third-party (person or firm).  The BUYER agrees not to purchase said machine from anyone other than PLASTICO and further, promises that any price or final negotiations in regards to said machine will be made strictly with PLASTICO and not a third party. In the event that this should occur, the BUYER is required to reimburse PLASTICO in full the difference between our purchase price and the offer price, as well as any costs that have been accrued.  The BUYER is explicitly committed to commercial talks, especially price negotiations, exclusively with us and not with the owner of the machine. The BUYER obligates himself further more to lead no purchase discussions over other machines as the purchased object that stand now or at a later time for sale, let it be then, over PLASTICO
  1. Used Machines and devices, even if offered with an additional workshop and/or functionality guarantee, are sold by us in the state in which they are at the moment the offer is delivered.  Accessories will be delivered only in so far as they are available.  Used machines are considered unconditionally approved and excluded from liability for defects and damages with the finished inspection, abandonment of camp and/or location (foundation), pickup or shipment.  The BUYER has the right to inspect and examine the machine before signing the final contract.  If the BUYER does not make use of this right or only partially, regardless of reason, he/she acknowledges and agrees to the condition of the machine unseen.  If in special circumstances a crack and/or fracture free guarantee is offered, this guarantee will exclusively apply to the crack and/or fractures that affect the usage capability of the machine. This guarantee is not applicable for defects, in particular parts that are subject to wear and tear, such as gear-wheels, knee-joints, tie bars, screws, cylinders, sockets, contacts, etc. In the case of defects, PLASTICO reserves the right to repair/rebuild, as we feel appropriate.

    In cases where machines are offered by us with a reworking and/or overhaul functional guarantee of 3 months and/or partial guarantee for 3 months the following services will be performed (except in cases of operating error on the part of the BUYER): the functional routine of the machine will be checked if technically possible with PLASTICO tools, for example injection-molding machines.  With machines which need special conforming tools, for example blow-molding machines and extruders, this will occur without tools.
    Defective parts are repaired/reconditioned or replaced at our discretion.

    According to the age of the machine, the worn part will not be removed and is not considered a defect if it only slows down the mechanical functionality, but does not interrupt production.  The degree of wear for a closure is determined not by the extent of wear, rather, by the degree in which it impairs or restricts function. For instance, if a worn screw still performs to 50 percent or more of the manufactures given maximum for melting capacity.  Likewise if a toggle hinge with a large clearance can still transfer the required forward force uniformly over the tie-bars.  Welded and sealed machines pass for crack and fracture free.  Specifications, for example technical data, year of manufacture, etc., are not validated by us and are not counted as guaranteed, unless pledged by us in writing.  Our output specifications are the maximum value given by the machine manufacturer and are dependent, and can be considerably reduced by, the material use, intended purpose, and operational safety of production, for which PLASTICO cannot assume any responsibility nor offer any guarantee.  For the delivery of manufacture-new machines the assignation of the Society of German Machine Tool Manufactures and further the Terms and Conditions for the Export of Machines and Equipment recommended by the Industry Commission of the European Community are in effect.
  1. Our invoices are due, provided that the agreement does not specify differently, upon receipt of invoice net without deduction.  Date of payment is considered the day that the money is available for our disposal. The withholding of payment for any reason without the prior approval from PLASTICO, as well as compensation with any demands, is excluded. At the time of order placement a down-payment of 50% of the purchase price of the Machine/Equipment is generally required. The balance du is to be paid to our bank account as soona s the machine is ready for delivery.  For payments with LOC (letter of credit) used in our international sales, the irrevocably confirmed LOC, containing a sufficient time limit and written to the benefit of our local bank, counts as payment.  All accruing costs, bank and processing fees, interest, extensions, approvals, certificates, authentications, endorsements, etc., are the sole responsibility of the BUYER.

    For delivery to another country within the European Community, we require the sales tax identification number of the buyer and a written confirmation that the delivered objects have been received. When these statements and documents are missing, we are entitled to calculate the currently effective German sales tax.
    When the buyer chooses to arrange delivery of the objects themselves, they are required to do so over a resident German shipping company or agent, as the buyer is required by law to provide a valid official stamped export certificate.
    When the Buyer carries out the shipment with his/her own truck or through a registered resident German firm, the current VAT (value added tax) must be paid to us beforehand.  As soon as we receive the stamped export documents from the buyer, the pre-paid VAT will be refunded to the buyer.
  1. Shipping, insurance, loading, transport, and delivery are made at the BUYERS risk, as soon as the machine leaves the area of inspection (foundation). This is also true even in the event that fee free cargo/freight has been arranged or if the customer has called on us to remove the machine from the foundation and release it over to the carrier or other third party.  Insurance will only be arranged at the request and then only in the name and to the cost of the BUYER. The loading and shipping will be calculated into the final sales price. Packing of the machine will only occur at the request of the BUYER and will be calculated into the final sale price. It is the responsibility of the BUYER to cover the costs of all official authorizations, carrier authorizations and import authorizations.
  1. PLASTICO reserves and retains the ownership of all machines and delivered products until the BUYER has paid all, including any charges that may arise during the business transaction and in particular any current account balances, in full.  The handing over of the check does not count as payment as long as the redemption of the paper has not occurred.

    The BUYER is bound/liable to insure adequately all goods against the possibility of damage and further commits to handling the goods with care.  The purchased object may not be resold or be given to a third party as long as our claim to ownership exists.  The BUYER is required to communicate immediately to PLASTICO the seizure of the property by third parties or from other claims that arise from third parties with regard to the property.  At the request of PLASTICO the BUYER is obligated to immediately give information about the whereabouts of the property provided under retention of title. If the property is resold by the BUYER, against the agreed upon stipulations, the BUYER shall immediately resign the demands from these contracts to PLASTICO and, indeed, regardless whether the product has been modified or has been sold to one or several prospective customers.
  1. Place of performance for our deliveries is, by delivery from location the location, and by delivery from camp the camp.  Legal venue is, as far as lawfully allowed, the district of Wuppertal, Germany.  This also applies to any document litigation. The law of the Federal Republic of Germany applies exclusively.  The application of the rules over international sales of good from the United Nations - CISG - is excluded. Our delivery conditions are supplemented by the INCOTERMS as described in revision 2000 as well as the rules for the ”Uniform Interpretation of the Contract Clauses” of the International Chamber, Paris.
  1. In the event that the BUYER takes neither the machine by the arranged date of delivery nor pays the arranged purchase price by the arranged date of delivery, nor up to the last term settlement by PLASTICO, only PLASTICO has the right to complain or to withdraw from the contract.  If PLASTICO decides on the right to rescind, expenditure compensation including 25% share of the profit from the agreed upon purchase price is to be paid to PLASTICO no later than 30 day after contract resignation.  Only after the entrance of the payment on the PLASTICO account will all mutual demands be canceled.
  1. The validity and obligation of future business, sales, delivery and payment conditions is not affected by the ineffectiveness or validity of a single condition.
  1. The business, sales, conditions of delivery and terms of payment also apply in the event that the BUYER deviates from the general conditions, even when the BUYER has informed us of his own general conditions divergent from these conditions or communicated these on printed documents, especially on orders, purchase confirmations, etc. Herewith counter confirmation of the BUYER with divergent conditions is contradicted.  Any arrangements divergent from our conditions must be agreed to and confirmed specifically in writing.

Director:       Werner Hansen und Karl-Heinz Pütter
Amtsgericht Wuppertal HRA 19070, HRB 13724

**Previous general delivery conditions are canceled and invalid (11.03.04).

 

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