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Premium Plast Int. Trading & Consulting

Klaus Hoffmann
Forststraße 45a
D-42697 Solingen


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www.premiumplast.de


Commercialegister : Amtsgericht Solingen
U-St-ID-Nr. DE230400712B 
Company in accordance with § 50 KrW-AbfG

 

Disclaimer (Exclusion of liability for contents)

We provide the information on our website up to date.
Despite careful editing liability is excluded.

As a service provider we are responsible according § 7 1 TMG for own contents on these pages under the general laws.
 
According to §§ 8 to 10 TMG we are not obligated as a service provider to monitor transmitted or stored information. Upon notification of violations, we will remove the content immediately. A liability We do not assume only from the date of knowledge of the respective violation.
 
Liability for links
Our site contains links to external websites, over which we have no control. The provider or operator is always responsible for the content of linked pages. For the contents and accuracy of third-party sites information providers do not guarantee.
 
The linked sites were checked at the time of linking for possible legal violations without objection. Upon notification of violations, we will immediately remove such links.
 
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data protection
We point out that data transmission over the Internet (for example, when communicating via e-mail) can have security gaps. A complete protection of data against unauthorized access by third parties is impossible. A confidentiality in respect of the privacy policy is guaranteed, subject to this limitation. In particular, all, personal information on the Internet only, unless third party rights are affected. Unless the party has declared in view of such security breaches its agreement. A liability of the site operator is excluded for damages or injunctive relief arising from such vulnerabilities.

Supported by:
Incubator and Technology Centre
Solingen GmbH
 
Terms and conditions (GTC )
Premium Plast International Trading & Consulting
( Hereinafter referred to as PIT )

I. General
1. The following general terms and conditions are content of any contract concluded with the PIT purchase contract. Conflicting or deviating conditions of purchase or other reservations made by the buyer will not be accepted unless PIT has expressly agreed in writing to the individual case. They also apply if PIT makes the delivery in knowledge of conflicting or deviating conditions of the buyer.

II. Offers, Orders
1. PIT rates with respect to price, quantity, delivery time and availability subject to change.
2. orders the buyer are binding on PIT by written or printed confirmation by PIT (also invoice or delivery note). Changes by the buyer require the express and written confirmation.

III. Prices, price increases
1. valid at the time of delivery rates are calculated.
2. Should PIT in the period between contract and delivery generally increase prices, the buyer is entitled within a period of two weeks after the announcement of the price increase to rescind the contract, unless the price increase is solely due to an increase in freight rates
3. If payment in currency other than Euro (EUR) (foreign currency), then PIT reserves the right to reduce the purchase price in foreign currency for invoicing so or to increase that reported in billing amount corresponds to the euro equivalent as be calculated due to the foreign currency debt at the time the contract is concluded.
4. PIT further reserves the right to change prices appropriately if occurring after conclusion of the contract cost reductions or cost increases, in particular due to material price changes or unforeseen events.
5. The statutory VAT is not included in the PIT rates. VAT will be shown in the statutory amount on the day of invoicing separately in the invoice.

IV. Payment
1 PIT invoices are payable in accordance with the amounts shown on the invoice payment without further delay.
2 payments are only effective if they are made in cash against receipt or if the amount on a PIT account has been cleared.
3. The acceptance of checks carried out by prior arrangement only. It takes account of payment, rather than not to payment.
4 has reason to doubt the solvency or creditworthiness of the buyer and the buyer, despite corresponding request not to advance or be willing to provide an appropriate security for the performance owed by him, has, as far as even not done so is PIT, to withdraw from the entitled contract.
5. PIT reserves the right to use payments to settle the oldest invoice items due plus the default interest accrued and costs, and in the following order: costs, interest, principal.
6. In case of default of the purchaser, the seller is entitled to charge interest at the rate of 8 percentage points above the base rate according to § 247 BGB. The right of PIT to make a further default damages remains unaffected.
7. retention by the buyer is excluded. The buyer may only offset undisputed or legally established claims.

V. Delivery
1. PIT shall make every effort to deliver as quickly as possible. Fixed delivery times do not exist.
2. Should, notwithstanding a fixed delivery date is agreed, the buyer has to set a reasonable time in the event of default of delivery before a withdrawal or assertion of damages instead of performance.
3. Correct and timely delivery by PIT reserved.
4. The day of delivery is the day on which the goods leave the warehouse or, if such day is not possible to determine the date on which it is made available to the buyer.
5. Excess or short deliveries up to 10% are considered according to the contract
6. The law applicable to the calculation of weight determination is made on the shipping point PIT, unless the purchaser at his expense, the railway authorities at the station of departure.
7 If the buyer is in default of acceptance or culpably violates other obligations to cooperate, PIT is entitled to demand compensation for the resulting damage including any additional expenses.
8. Although PIT bears the transport costs, the risk passes to the buyer when the goods have been handed over to the transport company or has left the warehouse. Transport damages the buyer directly to complain to the transport company concerned. Within the time schedule


VI. Force Majeure, Impediments
Force majeure of any kind, unforeseeable production, traffic or shipping disturbances, fire, floods, unforeseeable shortages of labor, energy, raw materials or auxiliary materials, strikes, lockouts, official decrees or other not to be taken by the party obliged to perform obstacles which manufacture the , sending, reduce the acceptance or consumption, delay, prevent or render unacceptable, free for the duration and scope of the disruption from the obligation to deliver or accept. If both parties due to the circumstances, the delivery and / or acceptance is exceeded by more than eight weeks, are entitled to withdraw. In case of partial or complete loss of the sources of the seller shall not be obliged to obtain supplies from other suppliers

VII . Shipping
1. Insofar as from the PIT contract stipulates otherwise , the delivery FCA ( Incoterms 2000 ) from the loading site mentioned by PIT
2 .. For other delivery to PIT reserves the choice of the route and the mode of shipment . Any additional costs resulting from special shipping requests of the purchaser shall be borne .
The same goes for entering after conclusion of increases in freight rates , any additional costs for rerouting , storage costs , etc. , unless free delivery has been agreed .
3. The risk of destruction , loss or damage to the goods upon dispatch or in the case of collection by the buyer with the provision on these over .

VIII. Retention of title
1. The goods shall only become the property of the buyer, if he has fulfilled all obligations from the business relationship with the seller, including ancillary claims, claims for damages and payments of checks fulfilled. The retention of title also remains effective if individual claims of the seller are included in a current account and the balance has been struck and accepted.
2. PIT is entitled without any grace period and without rescinding the contract the conditional goods by the purchaser to demand, if it is the fulfillment of his obligations to PIT in default. Taking back the goods shall not constitute withdrawal from the contract only if PIT states this in writing. If PIT back from the contract, PIT can demand appropriate compensation for the duration of the transfer of use of the goods.
3. In the event of processing of the reserved goods, the purchaser is acting for PIT, without acquiring any claims on processing against PIT. The subject property PIT thus extend to the products resulting from the processing. If the goods are processed together with goods that are owned by third parties, or if the goods with goods that are owned by third parties, mixed or combined, shall acquire PIT co-ownership of the resulting products in the ratio of the invoice value of the goods to the invoice value the third Group-owned merchandise. If the combination or mixing with a main item of the buyer, the buyer assigns his title to the new item to PIT.
4. The buyer is obliged to keep the reserved goods for PIT carefully to maintain at its own cost repair and insure in the of a prudent businessman to longing at his expense against loss and damage. He assigns his claims from the insurance contracts in this way from pre to PIT.
5. As long as the customer fulfills its obligations towards PIT, he is entitled to have in the ordinary course of business of the reserved goods; However, this does not apply if and insofar as between the buyer and its customers a prohibition of assignment with regard to the purchase price has been agreed. To pledge, transfer or otherwise encumber the buyer is not authorized. When reselling the buyer has to make the transfer of ownership of the full payment of the goods by his customers.
6. The purchaser hereby assigns all claims arising from a resale of the reserved goods with all ancillary rights and security, including bills and checks in advance to secure all claims to PIT incurred for PIT against the buyer from the business relationship. If reserved goods are sold together with other goods at a single price, the assignment shall be limited to the portion of the bill PIT for the conditional commodity. If goods are sold to which PIT according to the above paragraph 3 has co-ownership, the assignment shall be limited to the portion of the claim corresponding to the joint ownership PIT. Uses the buyer of the reserved goods for payment processing of the property of a third party's, he assigns in advance to with security for his claim for compensation from the third party to PIT. As long as the buyer meets his payment obligations on time, he is entitled to collect claims from a resale or from contract processing himself. At or pledge such assignment is not entitled.
7. Published PIT endanger the attainment of its claims , the purchaser 's request, inform the assignment to his customers and to give PIT all necessary information and documents . Third party access to the reserved goods and assigned claims the buyer shall immediately notify PIT .
8. If the value of the collateral to the PIT due secured claims PIT against the buyer by more than 20%, PIT is obliged at the buyer's request to release collateral . The selection of the releasable security done by PIT

IX. Warranty and liability.
Defects, wrong deliveries and over 10% excess of that quota variation that may be determined by reasonable investigations are promptly, but not later than 10 days after receipt of the goods, be made in writing at PIT. For legitimate claims we will replacement delivery shortages. Incidentally PIT is entitled according to supplementary performance by eliminating the defect or by replacement of the goods. Expenses for the subsequent performance bears PIT only if they do not therefore increase because the Purchaser has transferred the goods to a place other than the place of delivery.
If subsequent performance fails, the purchaser is entitled at his option, to demand withdrawal or reduction of the purchase price.
allowed without the express consent PIT not use defective goods. Will it still be processed, the buyer bears the full risk of production losses and other damages. Apart from the necessary for the examination of the goods withdrawals by the buyer finds a redemption of goods takes place only when it is still in its original condition and in the original, undamaged packaging.
If the buyer is entitled to demand from PIT one hand delivery or subsequent performance and, secondly, to withdraw from the contract or to demand compensation instead of performance or reimbursement of expenses, so PIT may require the buyer to exercise its rights within a reasonable period. If the buyer fails to do this in time, is no longer obliged to deliver or subsequent performance.
PIT liable under the statutory provisions if the buyer makes a claim for damages based on intent or gross negligence. As far as PIT is not accused of any intentional breach of contract, the liability is limited to foreseeable, typically occurring damage.
PIT is also liable under the statutory provisions, unless culpably an essential contractual obligation has been violated. in this case the liability is limited to foreseeable, typically occurring damage.
The liability for culpable causation of physical injury as well as the mandatory rules of the product liability law remain unaffected.
Unless one of the above given cases, claims for damages of the buyer are limited due to delay or impossibility to the amount of the purchase price of the delayed or missing part of the delivery.
In all other cases, our liability is excluded.
The statute of limitations is 12 months from transfer of risk. The limitation period in case of a supplier recourse according to §§ 478, 479 BGB.

X. Information and technical advice
Processing instructions , information and technical advice are given in good faith based on our experiences . Without written agreement to a request for information or consulting agreement is not justified by such information . Information not exempt the buyer from own tests and trials . For complying with all laws and regulations in the use of the delivered goods , the buyer is responsible . Liability for information and technical advice is excluded .

XI . Others
Should one or more provisions of these Terms and Conditions be wholly or partly ineffective, this does not affect the validity of the provision (s ) for the rest or the contract as a whole .

XII . Applicable law , contract language and jurisdiction .
Performance for the delivery is the respective shipping point for paying Solingen .
German law applies under exclusion of the United Nations Convention on Contracts for the International Sale of Goods ( UN Sales Convention / CISG ) . Contract language is German . Exclusively jurisdiction in actions relating to contracts with us are responsible for Solingen German courts . In addition, the respective applicant is also entitled to take legal action in the general jurisdiction of the defendant