1. Scope of application - Subject matter of the contract - Written form

    1. Our General Terms and Conditions of Business and Payment (GTC) shall apply to the deliveries, services and offers in accordance with the contract concluded between us and the customer.

    2. Our GTC apply exclusively; we do not recognise any terms and conditions of the customer that conflict with or deviate from our GTC, unless we have expressly agreed to the validity of such in writing. Our GTC shall also apply if we perform the delivery without reservation in the knowledge that the customer's terms and conditions are contrary to or deviate from our terms and conditions.

    3. All agreements made between us and the customer to execute the contracts concluded between us shall be specified in writing.

  2. Offer - Conclusion of contract - Offer documents

    1. The customer's order constitutes a binding offer which we can accept within one week from receipt by sending an order confirmation or by delivering the goods. Offers made by us in advance are subject to change.

    2. We reserve the property rights and copyrights to illustrations, drawings, calculations and any additional documents. This also applies to any written documents that are designated as "confidential". The customer shall require our express consent before disclosing such documents to third parties.

  3. Prices and payment terms

    1. Unless otherwise agreed, the prices are "ex works", i.e. excluding freight, customs duties, import sales tax, ancillary charges and packaging. The statutory rate of value added tax is not included in our prices; this will be shown separately in the invoice at the statutory rate on the day of invoicing.

    2. If the price at the time of delivery has increased due to the imposition of or changes in taxes, customs duties or other public charges or freight costs, the higher price shall apply. The price increase will only be to cover the actual costs incurred.

    3. The determination of dimensions and weights, on which the calculation of the prices is based, shall be carried out by us or by third parties commissioned by us at the time of loading, unless the customer requests an official weighing at his own expense.

    4. Unless otherwise agreed, all invoices are due and payable without deductions within thirty days of the date of the invoice. The date of receipt by us shall be decisive for the date of payment. In the case of payments by cheque or bill of exchange, the date the amount is credited shall apply. We expressly reserve the right to refuse payment by cheque or bill of exchange. Cheques and rediscountable bills of exchange are only accepted subject to clearance. The customer shall bear any additional costs incurred with this form of payment.

    5. We reserve the right to demand all outstanding claims in the event of a default or if reasonable doubts arise regarding the customer's ability to pay or his creditworthiness. In the event of a default in payment, interest shall be charged at a rate of 9% above the base interest rate applicable at the time. Moreover, we reserve the right to assert a claim for reimbursement of collection costs in an amount of €40 per claim. Should payments in instalments be agreed, the above provision shall apply with respect to each individual instalment in arrears. We are also entitled to retain the delivery, including from other orders. We may demand advance payment for outstanding deliveries. The right to assert further rights - in particular further damages in the event of default - is reserved.

    6. If we are entitled to multiple claims, we shall determine which debt payments will be subject to offsetting whereby, as a rule, the oldest debt shall be repaid first.

    7. The customer is only entitled to set-off, retention or reduction if the counterclaims have been legally established or are undisputed. However, the customer may withhold payment for counterclaims arising from the same contractual relationship.

  4. Time of performance - Transfer of risk - Partial deliveries

    1. Prospective deadlines and dates for deliveries and services are always only approximate, unless a fixed deadline or date has been expressly promised or agreed.

    2. We are not liable for delays in delivery and performance owing to force majeure and arising from other events which were unforeseeable or unavoidable. and which temporarily make delivery considerably more difficult or permanently impossible for us. These include in particular strikes, lockouts, official orders, operational and traffic disruptions, shortage of personnel or raw materials, incorrect and untimely supply of our own materials - even in the case of agreed and binding deadlines and dates. Such events entitle us to postpone the delivery or service for the duration of the impediment in addition to a reasonable initial phase, or to withdraw from the contract in whole or in part or due to the portion of the contract that has not been fulfilled.

    3. If the impediment persists for a period exceeding three months, the customer reserves the right to withdraw from the contract in whole or in part or due to the portion of the contract that has not been fulfilled after setting a reasonable period of notice. The customer can derive no claims for damages if the delivery time is extended or if we are released from our obligation. We may only invoke the aforementioned circumstances if we notify the customer thereof without delay.

    4. Our compliance with our delivery and performance obligations is subject to the timely and correct fulfilment of the customer's obligations.

    5. Unless otherwise stated in the order confirmation, delivery "ex works" shall be agreed, i.e. the risk shall pass to the customer upon transfer to the forwarding agent, carrier or other third party designated to carry out the shipment. This shall also apply in the event of partial deliveries. If the shipment is delayed by the customer or at the customer's request, the risk shall pass to the customer upon notification that the goods are ready for dispatch.

    6. Any storage costs incurred after the transfer of risk shall be borne by the customer. If we store the goods, the storage costs shall amount to 0.25% of the invoice amount of the delivery items per full week of storage. We reserve the right to claim and provide evidence of greater or lower storage costs.

    7. We are entitled to make partial deliveries to a reasonable extent. Any partial deliveries shall be deemed a separate transaction with respect to invoicing and payments.

  5. Packaging – Transport

    1. Unless otherwise agreed, the form of shipment, packaging and the shipment route shall be determined at our discretion. If, at the request of the customer, a specific form of shipment and/or a specific shipment route has been stipulate, the customer shall bear the additional costs incurred compared to the more cost-effective shipment option. This shall also apply if we have agreed to deliver carriage paid.

  6. Retention of title

    1. We shall be granted the following securities, which we will release insofar as their value exceeds the claims by more than 50% on a sustained basis and until the fulfilment of all claims (including all balance claims from the current account) to which we are entitled against the customer for any legal reason now or in the future.

    2. The goods shall remain our property. Any processing or transformation shall be carried out for us as manufacturer at all times, but with no obligation for us. Should our (co-)ownership expire owing to a combination of items, it is hereby automatically agreed that the (co-)ownership of the customer of a uniform item shall pass to us pro rata (invoice value). The customer shall store our (joint) property free of charge. Goods to which we are entitled to (co-)ownership are hereinafter referred to as reserved goods.

    3. The customer may process and sell the reserved goods in the ordinary course of business provided the customer is not in default. The resale of the reserved goods shall be transacted either against cash payment or upon agreement of an extended reservation of title with the connected customer. Pledges or transfers of ownership as security are not permitted. The customer hereby assigns as security all claims arising from the resale or any other legal reason (insurance, tort) with respect to the reserved goods (including all current account balance claims). The customer is revocably authorised to collect the claims assigned to us for his account in his own name. This collection authorisation may only be revoked if the customer fails to fulfil his payment obligations in a correct manner. The customer shall store the goods owed by us in a correct manner and with adequate insurance cover.

    4. In the event of access by third parties to the reserved goods, in particular seizures, the customer shall indicate our ownership and notify us immediately to enable us to enforce our rights of ownership. The customer shall be liable for any costs arising should the third party be unable to reimburse us for the judicial or extrajudicial costs incurred in this connection.

    5. The customer reserves the right to replace the retention of title by an equivalent security, for example by an unlimited and irrevocable bank guarantee. Any costs arising in this respect shall be borne by the customer.

    6. If the customer is in default with the fulfilment of his payment obligations, if he suspends his payments or if insolvency proceedings will be initiated against his assets - or if the initiation of insolvency proceedings is rejected owing to a lack of assets - the customer shall, upon request, provide us with a list of all the goods still in his possession which are owned by us, a list of the claims assigned to us with the name and address of the debtor along with the amount of the claim. If claims have been assigned to us, the customer shall, at our request, notify the debtor of such assignment of claims, whereby we shall be entitled to make such notification ourselves. In the event of conduct by the customer that is in breach of the contract - in particular a default in payment - we shall be entitled to withdraw from the contract after the fruitless expiry of the period of notice. In the above cases, even upon withdrawal from the contract and after prior notice, we reserve the right to enter the customer’s premises, collect the delivered goods and dispose of them in the most effective way by private sale to offset the outstanding purchase price claim, minus any costs incurred.

  7. Claims for defects

    1. The warranty period is one year from the delivery of the products.

    2. The production of and trade in plastic waste (regrind or regenerated material), off-spec goods and neutralised goods entails a certain amount of risk owing to the potential admixture of foreign substances which may occur despite the greatest care and attention, and this is also reflected in the cost-effective price. The customer is aware of this risk when he buys regenerated material, off-spec goods, regrind or neutralised goods instead of original goods. We shall not be liable if such goods prove to be unsuitable for the purpose intended by the customer.

    3. The delivered products must be carefully inspected immediately after delivery to the customer or to the third party designated by the customer. They shall be deemed to have been approved if we have not received a written notice of defect regarding obvious defects or other defects which were identified during an immediate, close inspection within seven working days after delivery of the products, or within seven working days after discovery of the defect or the date on which the defect was discernible to the customer during the normal use of the delivery items and without a detailed inspection.

    4. The customer will also carry out a sample test or trial processing as part of the inspection.

    5. In the event of notification by the customer that the products are defective, we shall, at our discretion and expense, request:

      1. an unmixed sample (minimum 2,000 g) of the rejected goods to be sent to us; or

      2. that the customer store the defective goods in the shipping containers at his premises for subsequent inspection by us or by third parties commissioned by us.

      3. If the subsequent performance fails after a reasonable period has elapsed, the customer may, at his discretion, demand a reduction in remuneration or withdraw from the contract.

    6. Only the direct purchaser will be entitled to assert claims for defects against us, and such claims cannot be assigned.

    7. The warranty shall not apply if the customer modifies the delivery item or has commissioned a third party to modify such item without our consent, and we are unable to remedy the defect or the effort to remedy the defect is unreasonable for us. The customer shall, in any event, bear the additional costs to remedy the defect arising from the modification.

  8. Liability for damages

    1. Our liability for contractual breaches of obligations and tort is limited to malicious intent and gross negligence. This shall not apply in the event of injury to the life, body and health of the customer, claims due to a breach of cardinal obligations and compensation for damages arising from delays (§ 286 BGB (German Civil Code)); in this respect we are liable for any degree of liability. Cardinal obligations within the meaning of the above are the obligation to deliver on time and free of defects and advisory, protective and custodial obligations that are intended to enable the customer to use the delivery item in accordance with the contract, to protect the life and limb of the customer's personnel or third parties or to safeguard the customer's property from significant damage.

    2. Insofar as liability for damages that is not based on injury to life, body or health of the customer is not excluded for minor negligence, such claims shall become statute-barred within one year from the emergence of the claim or, in the case of claims for damages due to a defect, from the delivery of the item.

    3. Insofar as our liability for damages is excluded or limited, this shall also apply to the personal liability for damages of our employees, representatives and vicarious agents.

    4. Insofar as we are liable for damages on grounds pursuant to no. 8.1, such liability will be limited to damages which we anticipated as a potential consequence of a breach of contract when the contract was concluded, or which we should have foreseen had we exercised due care and attention. Indirect damage and consequential damage arising from defects in the delivered products are also only eligible for compensation insofar as such damage is typical if the delivery item is used for its intended purpose.

    5. In the event of liability for simple negligence, our liability to pay compensation for damage to property and personal injury is limited to an amount of €3,000,000.00 per claim (corresponding to our current coverage amount of our product liability insurance or liability insurance), even if such liability is a breach of material contractual obligations.

    6. The limitations in no. 8.5 do not apply to the vendor's liability for intentional, malicious conduct, for guaranteed characteristics, for injury to life, limb or health or under the Product Liability Act.

  9. Place of performance - Choice of law - Place of jurisdiction - Partial invalidity

    1. Unless otherwise agreed, the place of performance and payment shall be our registered office.

    2. This contract shall be governed by the law of the Federal Republic of Germany; the UN Convention on Contracts for the International Sale of Goods shall not apply.

    3. The exclusive place of jurisdiction for contracts with trading enterprises, legal entities under public law or special funds under public law is the competent court for our place of business.

    4. Should any provision in these GTC or any provision under any other agreement be or become invalid, the validity of all the other provisions or agreements shall remain unaffected.



Health Care

Special Compounds

Reprocessed Products