Our terms and conditions apply to our entire commercial affairs with suppliers and customers.
Terms and conditions of our contractual partners are hereby rejected.
Any agreements that contradict to our terms and conditions require our written consent.
Offers and Contracts
All our offers are subject to final confirmation.
Contractual agreements will become binding only after our written confirmation.
Even without explicit agreement we are entitled to make partial deliveries.
Should an obstacle for delivery occur for which we are not responsible, making a delivery for us impossible or not acceptable, the delivery time shall be extended by the duration of the obstacle.
Our deliveries on basis FOB/ CIF/ DDP/ DDU/ CPT/ FCA are executed according to Incoterms latest version.
Reservation of Title
Goods delivered remain our property until full receipt of customer’s payment of all our invoices. We have the right to demand return of the goods, without setting a new deadline and without stepping back from the contract, once the customer is in delay with any of his obligations towards us.
If goods under reserve are processed by the customer, we become owner of the resulting product.
The customer will be in default immediately after due date without further setting of deadlines.
In case of default we are entitled to charge interest of 7 % above Euribor.
In case that we learn about a worsening financial situation of our customer (e.g. cancellation or reduction of the credit limit by our credit insurer) or in case of payment default, we are entitled to withdraw agreed payment terms and to demand cash-in-advance payment.
Warranties, Liability, Technical Information, Patents
Unless expressively stated, we are not liable for the suitability of the product supplied by us for certain application, known by us or advertised by third parties.
Our advice is according to our best knowledge and belief but non binding.
The buyer is not released from its duty to examine the goods for their suitability for the intended use. Our given technical or chemical information does not constitute guaranteed properties of the goods.
We are not liable in case goods supplied by us infringe existing patents of third parties.
Examinations of goods supplied by us must be made immediately and prior to further processing. Any claim has to be presented not later than 7 days after receipt of goods or after recognition of the damage.
Any claim must be made in writing or by Fax.
Product not claimed properly or claimed late will be regarded as approved.
In case of any claims, we and our supplier must be given sufficient time and access and possibility to check the claimed goods. Otherwise the claim is considered as invalid.
All claims of our customer become prescriptive latest one year after delivery.
Setting-off or Keeping back of payments
The customer’s right to set-off or keep back payments exists only in case his claims are confirmed by court or accepted by us.
Jurisdiction and applicable law
Place of payment is Hamburg, Germany
Place of jurisdiction is Hamburg
Applicable law is the law of the Federal Republic of Germany including UN-merchant-law.
In case of any of these terms and conditions should be deemed invalid, this shall not affect the validity of the remaining provisions
CnP Polymer GmbH, Schulteßdamm 58, 22391 Hamburg, HRB 70735 – Amtsgericht Hamburg
Letztes update der Seite: July 22 2010 13:20:49.