General Terms and Conditions

General sales, delivery and payment conditions

1. The following sales, delivery and payment conditions apply exclusively for our deliveries and sales. Any deviating purchasing conditions of the Purchaser only apply in exceptional cases if they have been explicitly confirmed by the Seller. If a part of these conditions or the transaction is ineffective, the effectiveness of the remaining conditions or transaction is not affected. Instead to the ineffective condition the contractual parties shall agree to a new condition which is closest to the intended purpose of the ineffective condition. The documentation associated with the offer, such as illustrations, drawings, weight and dimensions are only binding for the execution, if they have been explicitly confirmed. The Supplier retains proprietary rights and copyrights to quotes, drawings and other documentation; they may not be made available to third parties. The Customer is obligated to only provide third parties with access to plans which are marked confidential by the Supplier with the Suppliers consent. Any agreement with the Seller's representatives requires the Seller's explicit written confirmation. This applies particularly in case of accepted orders.

2. The specified conditions overleaf apply for the prices. If the manufacturing costs increase by more than 5% between the date of confirmation and delivery due to e.g. a change in currency rates, wage or other cost factors, the Seller reserves the right to respectively increase the prices or withdraw from the Agreement. In this case the Purchaser is not entitled to compensation claims based on non-compliance or partial compliance.

3. Delivery occurs according to the overleaf specified delivery time ex works or warehouse. We reserve the right to short or excess deliveries of up to 10% of the ordered goods. The delivery time applies only approximate and commences with the dispatch of the order confirmation, however not before the Purchaser has provided all due documentation, permits, releases as well the receipt of a possible down-payment. The delivery period is complied with if the object of delivery has left the works at the time of the expiration of the delivery period or if the Customer has been notified of readiness for dispatch. The delivery period is appropriately extended in case of unforeseen obstacles beyond the intent of the Supplier or his subcontractors, e.g. disruptions of operation, destruction of goods, delays in the delivery of essential raw and construction materials, if such impediments effect the completion or delivery of the object of the delivery; this regulation also applies if this occurs during the delay in delivery. Compliance with this deadline implies the fulfilment of the Purchaser's contractual obligations. All deliveries are ex works and are transported at the risk of the recipient, even if franco, fob or cif deliveries are agreed upon. Additional freight costs generated due to special circumstances, particularly at the request of the Purchaser, or the characteristics of the merchandise (bulky goods, goods of a special volume) are at the expense of the Purchaser. If the dispatch is delayed due to the Purchaser's fault, the risk is transferred to the Purchaser on the date of readiness for dispatch. Delays or impediments in the delivery due to force majeure, which also includes mobilisation and war, disruptions of operation of any kind, strikes and lock-outs, lack of raw material and fuels and unforeseen measures - also if our subcontractors are thus affected - entitle us to completely or partially suspend the delivery obligations without generating compensation claims for the Purchaser including those based on § 325 BGB (German Civil Code). This also applies in case of only partial non-compliance with the agreement. Non-compliance of obligations or circumstances owed by the Purchaser, which make the delivery of the sold goods impossible or delay or complicate it unreasonably, entitle the Purchaser to completely or partially suspend his delivery obligations for the duration of the impediment or their subsequent effects, as well as in all cases of force majeure, official measures, disruptions of operation etc. also in case of the Purchaser's subcontractors. The Purchaser is not obligated to accept subsequent delivery of the amounts applicable for this period. These events entitle the Purchaser to withdraw from the agreement also without compensation obligations. The Purchaser's obligation for damage compensation remains unaffected here from. Partial deliveries are admissible, unless explicitly agreed otherwise. If possible, the retrievals of the individual partial performances have to be issued in regular intervals and amounts to allow for the orderly production and delivery within the contractual period; otherwise the Seller is entitled to withdraw from the Agreement or demand compensation for the additional generated costs.  If a period of notice has not been agreed upon for the delivery intervals, a period of 4 months is deemed agreed upon. In case of delays of partial deliveries, the Purchaser may assert his rights with respect to the remaining sub-quantities. If a period of acceptance is specified, the Seller is not obligated to deliveries beyond the expiration of the period.

4. The Supplier exclusively warrants for discernible and hidden defects or the lack of contractual characteristics in machines or plant components for 6 months, however up to a maximum of 1000 operating hours, following the date of delivery in such a manner that he either repairs the defect free of charge or subsequently delivers defect-free merchandise at his discretion. Liability is not accepted for material defects which could not be detected during processing by the supplier. Unusual wear, wear parts, consumables, downtimes or indirect damages of any kind, work and travel expenses, remuneration for overtime and weekend work, freight costs and other secondary damages are not compensated based on the warranty. Notices of defect have be asserted in writing without undue delay at the latest within 10 days following the delivery of the goods and in case hidden defects at the latest within three days (following the discovery of the defect). If these periods of notice are not complied with, warranty claims can no longer be asserted. In deviation to the regulation above, the warranty period of the manufacturer applies for such third party parts which are installed in the object of purchase. In case of adhesive tapes and similar products, defects of the product have to be asserted in writing immediately following their detection, however at the latest within 10 days following the receipt of the delivery, regardless of an earlier legal duty of disclosure. The goods are returned in case of accepted objection and replaced or refunded up to the invoice value at our discretion; if a replacement delivery is defect, the Purchaser may demand a reduction. Further claims of the Purchaser, particularly with respect to conversion, reduction or compensation are excluded. In case of defect partial deliveries the Purchaser may assert his rights with respect to the remaining sub-quantities. Recommendations or suggestions of our technical employees are made based on practical experience. However, they are not binding and do not discharge the Purchaser from performing own examinations and tests. The Seller is not liable for the fact that the supplied products are suitable for the intended purposes of the Purchaser. Nor can such liability be derived from any of our issued information pamphlets or operating instructions. The liability for direct or indirect damages in connection with the processing or utilisation of the product is excluded. The Supplier is not obligated to subsequent improvement or replacement delivery if the Purchaser does not comply with his contractual obligations. The warranty obligation expires if the supplied goods have been altered, treated, operated or processed improperly or if the relevant instructions of the manufacturer are violated. The warranty also expires if the Purchaser attempts or arranges to execute any remedies of defects without the consent of the Supplier. Other claims of the Purchaser based on defects or the lack of assured characteristics are excluded.

5. If circumstances become apparent after the acceptance or execution of the order, which lead to a lesser creditworthiness of the Purchaser and the jeopardy of the Seller's claims, the Seller is entitled to either demand the immediate securing or immediate payment in cash regardless of the regulations of § 321 BGB (German Civil Code) under free derogation of otherwise agreed payment conditions at his own discretion. It is sufficient if the claims proved to be in jeopardy only temporarily. The same applies if the Purchaser is in default with any of his obligations, such as payment or acceptance.

6. The goods remain the property of the Seller up to the settlement of all current claims from the business relationship. Up to this point in time the Purchaser is not entitled to pledge the goods without the consent of the Purchaser or transfer them as collateral. In case of levy of execution as well as confiscation or other injunctions by third parties, the Customer is obligated to inform the Seller immediately. The assertion of the reservation of title by the Seller does not constitute a withdrawal from an unfulfilled supply agreement. The Purchaser is entitled to process the delivered goods in the context of his regular business operation. The Seller is entitled to co-ownership at the ratio of the delivered goods to the value of the new item with respect to the items created by the processing or combination with other products. If the processing or combination causes the demise of the Seller's goods, the Purchaser hereby transfers ownership to the object created by the processing as security for all claims according to paragraph 1 to the Seller; the main item is thus separated from the other products by the Purchaser for the Seller free of charge with the customary diligence and preserved for the Seller separate from the other products of the Purchaser. The Purchaser hereby assigns all claims to the Seller as collateral, based on the sale of the goods delivered by the Seller, regardless whether they are in a processed or unprocessed condition. As long as the Purchaser properly complies with his payment obligations he is authorised to collect these claims for the Seller. However, the Seller is entitled to inform the Purchaser's buyers (third parties), to be nominated upon demand, of the transfer and issue instructions. The Purchaser has to immediately inform the Seller of any third party access to the goods delivered under reservation of title or the assigned claims. The goods under reservation of title have to be treated carefully and insured against fire and water damage; insurance claims generated in liability cases have to be assigned to the Seller. If the sureties exceed the insured claims of the Seller by more than 20%, the Seller shall release the excess sureties upon application at his discretion.

7. The payment occurs at the respectively determined payment conditions in cash. Bills of exchange and cheques are only accepted following express agreement on account subject to the usual reservations and in any case only apply as payment upon their redemption. Respective expenses for discounts, collection etc. are the responsibility of the Purchaser. The Seller is not liable for on-time presentation, protest and return of the bill of exchange in case of non-redemption. The assertion of retention by the Purchaser - also in case of reclamation - is excluded. A deduction of discount in new invoices is not admissible as long as older due invoices have not been settled. If the Purchaser is in default with a payment, the Seller is entitled, subject to further rights, to demand interest in the amount of 5% above the respectively applicable bank rate of the Deutsche Bank without warning as at the expiration date up to the date of payment.

8. Place of fulfilment is 42277 Wuppertal. The substantive jurisdiction of the District Courts is agreed for all disputes arising in connection with this Agreement. Furthermore, the local competency of the District Court Wuppertal-Elberfeld is agreed upon in the event that
a) the Purchaser is a merchant without being a tradesman stipulated in § 4 HGB (German Commercial Code);
b) the Purchaser moves his residence or usual place of abode outside of the area of the Federal Republic of Germany or West  Berlin after the conclusion of this Agreement or if his usual place of abode is not known at the time of the commencement of the action. Unless otherwise determined above, the legal regulations apply.

9. The AFERA regulations - last edition - apply for adhesive tapes and similar products unless they have been altered by the General Terms and Conditions above.

10. We shall store personal data in the manner admissible according to the Data Protection Act.

General sales, delivery and payment conditions
AGB Klebebänder International

1. The following sales, delivery and payment conditions apply exclusively for our deliveries and sales. Any deviating purchasing conditions of the Purchaser only apply in exceptional cases if they have been explicitly confirmed by the Seller. If a part of these conditions or the transaction is ineffective, the effectiveness of the remaining conditions or transaction is not affected. Instead to the ineffective condition the contractual parties shall agree to a new condition which is closest to the intended purpose of the ineffective condition. The documentation associated with the offer, such as illustrations, drawings, weight and dimensions are only binding for the execution, if they have been explicitly confirmed. The Supplier retains proprietary rights and copyrights to quotes, drawings and other documentation; they may not be made available to third parties. The Customer is obligated to only provide third parties with access to plans which are marked confidential by the Supplier with the Suppliers consent. Any agreement with the Seller's representatives requires the Seller's explicit written confirmation. This applies particularly in case of accepted orders.

2. The specified conditions overleaf apply for the prices. If the manufacturing costs increase by more than 5% between the date of confirmation and delivery due to e.g. a change in currency rates, wage or other cost factors, the Seller reserves the right to respectively increase the prices or withdraw from the Agreement. In this case the Purchaser is not entitled to compensation claims based on non-compliance or partial compliance.

3. Delivery occurs according to the overleaf specified delivery time ex works or warehouse. We reserve the right to short or excess deliveries of up to 10% of the ordered goods. The delivery time applies only approximate and commences with the dispatch of the order confirmation, however not before the Purchaser has provided all due documentation, permits, releases as well the receipt of a possible down-payment. The delivery period is complied with if the object of delivery has left the works at the time of the expiration of the delivery period or if the Customer has been notified of readiness for dispatch. The delivery period is appropriately extended in case of unforeseen obstacles beyond the intent of the Supplier or his subcontractors, e.g. disruptions of operation, destruction of goods, delays in the delivery of essential raw and construction materials, if such impediments effect the completion or delivery of the object of the delivery; this regulation also applies if this occurs during the delay in delivery. Compliance with this deadline implies the fulfilment of the Purchaser's contractual obligations. All deliveries are ex works and are transported at the risk of the recipient, even if franco, fob or cif deliveries are agreed upon. Additional freight costs generated due to special circumstances, particularly at the request of the Purchaser, or the characteristics of the merchandise (bulky goods, goods of a special volume) are at the expense of the Purchaser. If the dispatch is delayed due to the Purchaser's fault, the risk is transferred to the Purchaser on the date of readiness for dispatch. Delays or impediments in the delivery due to force majeure, which also includes mobilisation and war, disruptions of operation of any kind, strikes and lock-outs, lack of raw material and fuels and unforeseen measures - also if our subcontractors are thus affected - entitle us to completely or partially suspend the delivery obligations without generating compensation claims for the Purchaser including those based on § 325 BGB (German Civil Code). This also applies in case of only partial non-compliance with the agreement. Non-compliance of obligations or circumstances owed by the Purchaser, which make the delivery of the sold goods impossible or delay or complicate it unreasonably, entitle the Purchaser to completely or partially suspend his delivery obligations for the duration of the impediment or their subsequent effects, as well as in all cases of force majeure, official measures, disruptions of operation etc. also in case of the Purchaser's subcontractors. The Purchaser is not obligated to accept subsequent delivery of the amounts applicable for this period. These events entitle the Purchaser to withdraw from the agreement also without compensation obligations. The Purchaser's obligation for damage compensation remains unaffected here from. Partial deliveries are admissible, unless explicitly agreed otherwise. If possible, the retrievals of the individual partial performances have to be issued in regular intervals and amounts to allow for the orderly production and delivery within the contractual period; otherwise the Seller is entitled to withdraw from the Agreement or demand compensation for the additional generated costs.  If a period of notice has not been agreed upon for the delivery intervals, a period of 4 months is deemed agreed upon. In case of delays of partial deliveries, the Purchaser may assert his rights with respect to the remaining sub-quantities. If a period of acceptance is specified, the Seller is not obligated to deliveries beyond the expiration of the period.

4. The Supplier exclusively warrants for discernible and hidden defects or the lack of contractual characteristics in machines or plant components for 6 months, however up to a maximum of 1000 operating hours, following the date of delivery in such a manner that he either repairs the defect free of charge or subsequently delivers defect-free merchandise at his discretion. Liability is not accepted for material defects which could not be detected during processing by the supplier. Unusual wear, wear parts, consumables, downtimes or indirect damages of any kind, work and travel expenses, remuneration for overtime and weekend work, freight costs and other secondary damages are not compensated based on the warranty. Notices of defect have be asserted in writing without undue delay at the latest within 10 days following the delivery of the goods and in case hidden defects at the latest within three days (following the discovery of the defect). If these periods of notice are not complied with, warranty claims can no longer be asserted. In deviation to the regulation above, the warranty period of the manufacturer applies for such third party parts which are installed in the object of purchase. In case of adhesive tapes and similar products, defects of the product have to be asserted in writing immediately following their detection, however at the latest within 10 days following the receipt of the delivery, regardless of an earlier legal duty of disclosure. The goods are returned in case of accepted objection and replaced or refunded up to the invoice value at our discretion; if a replacement delivery is defect, the Purchaser may demand a reduction. Further claims of the Purchaser, particularly with respect to conversion, reduction or compensation are excluded. In case of defect partial deliveries the Purchaser may assert his rights with respect to the remaining sub-quantities. Recommendations or suggestions of our technical employees are made based on practical experience. However, they are not binding and do not discharge the Purchaser from performing own examinations and tests. The Seller is not liable for the fact that the supplied products are suitable for the intended purposes of the Purchaser. Nor can such liability be derived from any of our issued information pamphlets or operating instructions. The liability for direct or indirect damages in connection with the processing or utilisation of the product is excluded. The Supplier is not obligated to subsequent improvement or replacement delivery if the Purchaser does not comply with his contractual obligations. The warranty obligation expires if the supplied goods have been altered, treated, operated or processed improperly or if the relevant instructions of the manufacturer are violated. The warranty also expires if the Purchaser attempts or arranges to execute any remedies of defects without the consent of the Supplier. Other claims of the Purchaser based on defects or the lack of assured characteristics are excluded.

5. If circumstances become apparent after the acceptance or execution of the order, which lead to a lesser creditworthiness of the Purchaser and the jeopardy of the Seller's claims, the Seller is entitled to either demand the immediate securing or immediate payment in cash regardless of the regulations of § 321 BGB (German Civil Code) under free derogation of otherwise agreed payment conditions at his own discretion. It is sufficient if the claims proved to be in jeopardy only temporarily. The same applies if the Purchaser is in default with any of his obligations, such as payment or acceptance.

6. The goods remain the property of the Seller up to the settlement of all current claims from the business relationship. Up to this point in time the Purchaser is not entitled to pledge the goods without the consent of the Purchaser or transfer them as collateral. In case of levy of execution as well as confiscation or other injunctions by third parties, the Customer is obligated to inform the Seller immediately. The assertion of the reservation of title by the Seller does not constitute a withdrawal from an unfulfilled supply agreement. The Purchaser is entitled to process the delivered goods in the context of his regular business operation. The Seller is entitled to co-ownership at the ratio of the delivered goods to the value of the new item with respect to the items created by the processing or combination with other products. If the processing or combination causes the demise of the Seller's goods, the Purchaser hereby transfers ownership to the object created by the processing as security for all claims according to paragraph 1 to the Seller; the main item is thus separated from the other products by the Purchaser for the Seller free of charge with the customary diligence and preserved for the Seller separate from the other products of the Purchaser. The Purchaser hereby assigns all claims to the Seller as collateral, based on the sale of the goods delivered by the Seller, regardless whether they are in a processed or unprocessed condition. As long as the Purchaser properly complies with his payment obligations he is authorised to collect these claims for the Seller. However, the Seller is entitled to inform the Purchaser's buyers (third parties), to be nominated upon demand, of the transfer and issue instructions. The Purchaser has to immediately inform the Seller of any third party access to the goods delivered under reservation of title or the assigned claims. The goods under reservation of title have to be treated carefully and insured against fire and water damage; insurance claims generated in liability cases have to be assigned to the Seller. If the sureties exceed the insured claims of the Seller by more than 20%, the Seller shall release the excess sureties upon application at his discretion.

7. The payment occurs at the respectively determined payment conditions in cash. Bills of exchange and cheques are only accepted following express agreement on account subject to the usual reservations and in any case only apply as payment upon their redemption. Respective expenses for discounts, collection etc. are the responsibility of the Purchaser. The Seller is not liable for on-time presentation, protest and return of the bill of exchange in case of non-redemption. The assertion of retention by the Purchaser - also in case of reclamation - is excluded. A deduction of discount in new invoices is not admissible as long as older due invoices have not been settled. If the Purchaser is in default with a payment, the Seller is entitled, subject to further rights, to demand interest in the amount of 5% above the respectively applicable bank rate of the Deutsche Bank without warning as at the expiration date up to the date of payment.

8. Place of fulfilment is 42277 Wuppertal. The substantive jurisdiction of the District Courts is agreed for all disputes arising in connection with this Agreement. Furthermore, the local competency of the District Court Wuppertal-Elberfeld is agreed upon in the event that
a) the Purchaser is a merchant without being a tradesman stipulated in § 4 HGB (German Commercial Code);
b) the Purchaser moves his residence or usual place of abode outside of the area of the Federal Republic of Germany or West  Berlin after the conclusion of this Agreement or if his usual place of abode is not known at the time of the commencement of the action. Unless otherwise determined above, the legal regulations apply.

9. The AFERA regulations - last edition - apply for adhesive tapes and similar products unless they have been altered by the General Terms and Conditions above.

10. We shall store personal data in the manner admissible according to the Data Protection Act.

AGB Klebebänder International (PDF)