Imprint | T&C
Information provided according to Sec. 5 German Telemedia Act (TMG):
Gutta Plastics GmbH
Dirk Fischbach, Detlef Witte
Fon +49 2688 9888-0
Fax +49 2688 9888-109
Entry in the Handelsregister.
Registering court: Montabaur
Registration number: 28805
VAT Id number according to Sec. 27 a German Value Added Tax Act:
We do not take part in online dispute resolutions at consumer arbitration boards.
Liability for Contents
As service providers, we are liable for own contents of these websites according to Sec. 7, paragraph 1 German Telemedia Act (TMG). However, according to Sec. 8 to 10 German Telemedia Act (TMG), service providers are not obligated to permanently monitor submitted or stored information or to search for evidences that indicate illegal activities.
Legal obligations to removing information or to blocking the use of information remain unchallenged. In this case, liability is only possible at the time of knowledge about a specific violation of law. Illegal contents will be removed immediately at the time we get knowledge of them.
Liability for Links
Our offer includes links to external third party websites. We have no influence on the contents of those websites, therefore we cannot guarantee for those contents. Providers or administrators of linked websites are always responsible for their own contents.
The linked websites had been checked for possible violations of law at the time of the establishment of the link. Illegal contents were not detected at the time of the linking. A permanent monitoring of the contents of linked websites cannot be imposed without reasonable indications that there has been a violation of law. Illegal links will be removed immediately at the time we get knowledge of them.
Contents and compilations published on these websites by the providers are subject to German copyright laws. Reproduction, editing, distribution as well as the use of any kind outside the scope of the copyright law require a written permission of the author or originator. Downloads and copies of these websites are permitted for private use only.
The commercial use of our contents without permission of the originator is prohibited.
Copyright laws of third parties are respected as long as the contents on these websites do not originate from the provider. Contributions of third parties on this site are indicated as such. However, if you notice any violations of copyright law, please inform us. Such contents will be removed immediately.
I. Tender and Conclusion of Contract
1. Our tenders are always made subject to confirmation up to the final order confirmation, minor deviations that are customary in the trade and the execution of technical improvements.
2. Assignments are seen as accepted when we have written a letter of confirmation or have delivered the equipment. Supplementary oral agreements have not been made. Obvious errors, spelling and mathematical mistakes are not binding for us.
3. Our terms and conditions of sale and delivery are part of every contract. The Contracting Principal's conditions of sale have been vetoed.
4. The customer's order is a binding tender. We are entitled to accept the tender within two weeks by sending an order confirmation or by sending the customer the ordered equipment within the same period of time.
5. Should nothing else to the contrary have been agreed upon, published details in text and picture form (e.g. descriptions, pictures or drawings) in catalogues, brochures and other such publications describe definitively the condition of the equipment delivered by us and their possible uses. Other manufacturer's data is binding. Our details do not represent any guarantee for durability or condition and comply with our current state of knowledge. We cannot be held liable for unsuccessful use.
The products delivered by us are determined exclusively for national (domestic) use. Exceptions to this require our written approval.
1. Part deliveries are only admissible in a reasonable scope.
2. Every delivery is carried out at the customer's risk irrespective of who carries the freight costs and regardless of whether the delivery is sent from the Schutterwald warehouse or a different distribution centre.
3. We will determine how the delivery is made and the delivery route. Should the customer decide upon another delivery route and/or method of delivery, and we facilitate this, the customer is to carry the extra costs incurred.
4. The delivery time stated is always non-binding. They commence once any technical queries have been clarified and with the day we receive the order. Adherence to the delivery times is dependent on the customer following his contractual regulations, especially in regard to the terms of payment and the punctual sending of all necessary documents from the customer.
5. We are released from our duties to deliver by the commencement of insolvency proceedings, taking a formal oath before the court, a cheque bouncing or the customer's bill of exchange being contended.
6. We assume liability for delays in delivery and performance, even for appointments which have been made binding, for reasons of force majeure or events, which make delivery difficult or impossible - this includes especially strike, lock-out, administrative measures etc., even if they occur at our deliverers or his subcontractors. They entitle us to postpone delivery or performance for the length of the obstacle incl. a reasonable period of time, or to rescind the contract in part of in whole on the grounds of the non-fulfilled part or performance. In such cases the customer is not entitled to compensation. If the obstacle takes more than 3 months to remove, the customer is entitled to rescind the contract after a reasonable period of time given to remove the obstacle. We may only take advantage of these conditions, if we have informed the customer of them immediately upon their becoming apparent.
7. Should we fall into arrears, we can be held liable for the legal amount, if we have caused the default by intention or gross negligence, or by intentionally infringing on our contractual duties, or if the damage is to life, limb or health. In the case of a negligent infringement of a significant contractual duty, liability is limited to the foreseeable, typical damages as long as the liability is not on grounds of damage to life, body or health. As far as the delay in delivery is for reasons of an intentional infringement of a significant contractual duty, the customer is entitled to a lump-sum claim for damages incurred by the delay to the amount of 1 % of the delivery value, maximal, however, 10 % of the delivery value for every full week of the delay - with the exclusion of further claims for compensation. We cannot be held liable for delays which go above and beyond the stipulations in fig. 7.
IV. Non-justified withdrawal by customer, compensation for damages
Should the customer resign the contract without due cause, or we place claims against the customer on grounds of default or the infringement of any contractual duty, we are entitled to the following: Either we can demand completion, or we can demand the return of the goods already supplied by us as well as an additional payment in the amount of 20% of the total price; the customer has the possibility to verify to us that the loss of profit is below 20%.
V. Reservation of Property Rights
1. The following securities will be made to us, which we will release upon demand as we choose, as long as their value sustainably exceeds 20 % of the demands, until all demands that accrue to us for whatever legal reason against the customer, have been satisfied (including all current account debts).
2. The equipment remains our property. Processing is always effected for us as manufacturer, however without obligation to do so. If our (part) ownership lapses due to combining, the parties are at the time of the contract in agreement that the customer's ownership rights to a whole item is transferred to us pro rata (invoice value). The customer retains our (part) ownership free of charge. Equipment upon which we are entitled to a (part) ownership will be hereinafter called equipment subject to retention of title.
3. The customer is entitled treat and sell the equipment subject to retention of title as part of ordinary business dealings, as long as he is not in arrears. Pledges or grants of security are inadmissible. At the time of the contract, the customer relinquishes to us at the time of the contract any demands regarding the equipment subject to retention of title resulting from the sale of the equipment or any other legal reason (insurance, unlawful act) including any current account demands. We authorise him revocably to withdraw the demands for our invoices relinquished to us in his own name. This mandate can only be revoked when the customer does not fulfil his payment duties.
4. Should a third party gain access to the equipment subject to retention of title, the customer will refer to our ownership and will notify us immediately so that we can assert our rights of ownership. Should the third party not be able to reimburse us judicially or extra-judicially for the costs caused in this case, the customer will be held liable.
5. Should the customer be in breach of contract, especially in the case of defaulted payment, we are entitled to withdraw the equipment subject to retention of title, or, if necessary, to demand the assignment of the customer's right to recovery. The withdrawal or pledge of the equipment subject to retention of title constitutes the rescission of the contract by us.
1. Payments are seen as made when the credited to the full amount on our account. Our agents or mediators do not have a power of collection; nevertheless payments made to them are first seen as made when they have been credited to us.
2. In the case of arrears, we are entitled to the default interest stipulated in § 288 BGB (German Civil Code).
3. Should several bills of exchange or checks, which were due consecutively, from a customer be dishonoured, the respite given in the acceptance of the remaining papers will be cancelled with the result that all of our demands against the customer will be payable and we can take legal action for all demands resulting from the bill of exchange or cheque.
4. The customer is not entitled to off-set any counter claims, regardless what kind - or to make use of a right of retention, unless the claims or defects are undisputed, have been recognised or legally determined.
5. Part deliveries will be calculated separately. The regulations apply accordingly. Payments made in part will first be paid onto the costs, then the interest and then onto the oldest demand, even if the debtor has stipulated something to the contrary.
VII. Liability for Defects
1. We cannot be held liable for unsuitable, or improper use, especially in the case of over-use, incorrect assembly or incorrect use by the customer or third party; by natural wear and tear, incorrect and sustainable treatment and use, especially by untrained staff.
2. The customer is obliged to examine the delivered equipment thoroughly - including when prototypes have been sent prior to delivery - immediately upon arrival for completeness and propriety. The delivery is seen as accepted, if the customer does not reprimand any defects within 8 days of receiving the equipment, or - if a defect was not apparent at the time of examination - within 8 working days of it becoming apparent, in writing, email or Telefax. If a multiple delivery is not reprimanded within 8 working days of receipt then it is seen as accepted.
3. Once a defect has been ascertained, we are entitled to subsequent performance according to our choice as either a remedy of the defect, or the delivery of equipment free from defects.
4. Should the customer be commissioned to remedy a defect in new equipment, he is to inform us immediately. He is also to oblige his customers accordingly if these are tradesmen. We reserve the right to performance with respect to claims brought against the customer by its purchasers. In this case the demands of the customer will be deemed as satisfied when the claims of such purchasers have been satisfied.
5. We will carry the costs required for the supplementary performance, especially costs of transport, route, work and materials. This does not apply if the costs are raised, because the equipment have been delivered to a different location to the residence or commercial offices of the customer, unless its being delivered there is requisite for the proper use of the equipment.
6. The customer is to afford us the necessary time and opportunity to carry out all improvements and replacement deliveries considered requisite ex aequo. Otherwise we will consider ourselves released from the consequential damages which will occur as a result of the customer not affording us ample time and opportunity to carry out the necessary defect remedy measures or replacement deliveries. Only in cases of acute threat to operating safety, or to avoid disproportionately great damages, or if we fall into arrears with the defect remedy, the customer has the right to remedy the defect himself, or have it remedied by a third party, we are to be informed of this immediately.
7. Claims regarding defects are subject to statutory limitation 12 months following passage of risk. This does not apply provided that longer notice periods are legally prescribed pursuant to § 438 I 2 (delivery of materials for construction), § 479 I (claims to recourse), § 634 a I 2 (building defects).
8. The customer's claims of legal regress against us pursuant to § 478 BGB (German Civil Code) shall only apply if the customer has not drawn up an agreement with his purchaser which goes above and beyond the legal defect claims. Should the customer be commissioned to remedy a defect in new equipment, he is to inform us immediately.
VIII. Limitation of Liability
1. We can be held liable according to the legal regulations, as far as the customer makes claims on the grounds of damages or reimbursement (hereinafter claims to compensation), which are the result of intention or gross negligence, including intention and gross negligence of our representatives and agents. Furthermore, we the proper implementation of the contract and in whose compliance the customer may normally trust), as well as in cases of injury to life, limb or health and insofar as we have undertaken guarantees.are liable according to the legal stipulations if we have culpably violated a significant contractual obligation (thus an obligation whose completion enables
2. The compensation for infringement of a significant contractual duty is limited to the foreseeable damages, typical for the situation, in as far as no intention or gross negligence is present and as far as we are not held liable for threat to life, limb or health or for guarantees provided. In this respect, claims for damages become statute barred in 12 months.
3. Insofar as there exists a defect, we are entitled to subsequent fulfillment in the form of additional delivery or improvement repair.
4. The binding regulations of the Produkthaftungsgesetz (Product Liability Act) remain unaffected.
5. The customer shall not be entitled to reimbursement of expenses in an amount exceeding the customer's interest in the performance of the contract.
6. As far as our liability is excluded or limited, the same applies to the personal liability of our executive employees, personnel, representatives and agents.
IX. Place of performance and jurisdiction
1. Place of performance for deliveries and payments is Offenburg.
2. If the customer is a merchant, the sole jurisdiction for all legal disputes resulting from the contract is Offenburg.
3. German law applies with the exclusion of the UN purchasing laws.
X. Final Provisions
1. The aforementioned regulations also apply to future deliveries.
2. Referring to the Bundesdatenschutzgesetz (German Data Protection Act) (BDSG), we would like to point out that we will treat and store the details requisite for the assignment into a dossier using electronic information processing equipment.