Scope of application
The following terms and conditions apply to all business transactions with our suppliers and customers.
We hereby object to any terms and conditions of our contractual partners.
Any agreements to the contrary require our written confirmation.
Offers/ Conclusion of contrac
All our offers are subject to change.
Contractual agreements shall only become legally binding if they have been confirmed by us in writing or by our delivery.
Lieferungen
Auch ohne ausdrückliche Vereinbarung sind wir zu Teillieferungen berechtigt.
Für den Fall eines von uns nicht zu vertretenden Umstandes, der eine Lieferung für uns unmöglich oder unzumutbar macht, verlängert sich die Lieferfrist um dessen Dauer.
Unsere Lieferungen FOB/ CIF/ DDP/ DDU / CPT/ FCA erfolgen nach den geltenden Incoterms, neueste Fassung.
Deliveries
Even without an express agreement, we are entitled to make partial deliveries.
In the event of circumstances for which we are not responsible and which make delivery impossible or unreasonable for us, the delivery period shall be extended by the duration of such circumstances.
Our deliveries FOB/ CIF/ DDP/ DDU / CPT/ FCA shall be made in accordance with the applicable Incoterms, latest version.
Retention of title
The delivered goods remain our property until full payment of all existing claims against the customer.
We are entitled to demand goods subject to retention of title without setting a grace period and without prior withdrawal if the customer is in default with any of his obligations towards us.
The customer is only entitled to process the goods in the ordinary course of business. In the event of processing of the delivered goods by the buyer, we shall acquire ownership of the new item.
Payment
If the buyer fails to pay when due, he shall be in default without reminder.
If the customer is in default of payment, we shall be entitled to charge interest at a rate of 7% above the applicable rate of the ECB (Euribor).
If, after conclusion of the contract, we become aware of a significant deterioration in the financial situation of the buyer (e.g. revocation or reduction of cover by the credit insurer), or in the event of default in payment, we shall be entitled to revoke agreed payment terms and to demand payment in advance for deliveries still to be made.
Warranty, liability, technical advice, industrial property rights of third parties
Unless expressly agreed, we shall not be liable for the suitability of raw materials supplied by us for a specific use, even if known to us or advertised by third parties. Our technical advice is given to the best of our knowledge and belief, but is non-binding. The buyer is not released from the obligation to check the goods for their suitability for the intended use.
Technical and chemical specifications made by us do not represent guaranteed properties. This shall not affect claims under the Product Liability Act.
We do not guarantee that the goods delivered by us are free of industrial property rights of third parties.
Delivered goods must be inspected by the buyer without delay, in any case before further processing, for freedom from defects and suitability.
Notification of defects must be made in writing or by fax without delay, but no later than 7 days after receipt of the goods or after discovery of the defect.
Goods which are not complained about in good time or correctly shall be deemed to have been approved.
In the event of complaints, we and our supplier must be given sufficient opportunity to satisfy ourselves of the justification of the claims. Otherwise, all claims for defects shall lapse.
All claims of the buyer shall become statute-barred at the latest one year after delivery.
Offsetting and retention
The buyer shall only be entitled to set-off or retention rights if his counterclaims have been legally established, are undisputed or have been recognised by the seller.
Place of jurisdiction and applicable law
The place of performance for payments is Hamburg.
The place of jurisdiction is Hamburg.
The law of the Federal Republic of Germany including the UN Convention on Contracts for the International Sale of Goods shall apply.
Final provisions
Should one of the listed conditions prove to be invalid, this shall not affect the validity of the remaining conditions.
CnP Polymer GmbH, Schulteßdamm 58, 22391 Hamburg, HRB 70735-Municipal Court HH
Status 5 - 2010