(1) For all deliveries and other services exclusively to the following terms and conditions with which our client agrees with order, namely as to future transactions, even if no express reference is made to them, but the buyer shall at an order confirmed by us are received. If the order is granted derogation from our terms and conditions shall apply even then only our terms and conditions, even if we do not contradict. Deviations are only valid if they have been expressly acknowledged by us in writing.

(2) Deviating conditions of the buyer that the seller does not expressly acknowledge, are not binding, even if the seller does not explicitly contradict them. Verbal collateral agreements shall only be valid written confirmation. Written special agreements take these conditions only insofar as they deviate from them.

(3) The invalidity of individual provisions of this contract or its constituents does not affect the remaining provisions. The contracting parties are obliged within reason in good faith to replace an ineffective provision by an economic result as similar as effective regulation, providing there is no significant change in the contract content is brought about; the same applies if a need of regulation issue is not specifically regulated.

(4) Performance for all arising directly or indirectly from this contractual relationship obligations, including the obligation to pay, is the seat of the seller.

(5) Jurisdiction is in charge of the headquarters of the seller of court, if the buyer is a businessman. The seller is also entitled to sue before a court that has jurisdiction for the purchaser the seat or an establishment.

2 Offers, scope of services and contract

(1) Contract Seller's offers are non-binding.

(2) is exclusively governed the order confirmation from the seller to the scope of the contractually owed performance . Subsidiary agreements and commitments of representatives shall only be confirmed in writing.

(3) Manufactures the seller to the buyer's drawings, specifications or samples, so the quality of the goods is solely based on these specifications. The buyer bears the risk in this case alone the suitability of the product for the intended use.

(4) Retains the right of ownership and copyright law in front of him made by the seller and / or provided drawings, samples , catalogues and other documents. These may be submitted without the written permission neither third persons nor competitors.

3. More deliveries, partial deliveries and schedules, shipping.

(1) The buyer must at special excess or short deliveries up to 10% of the ordered quantity accept and decline.

(2) In the framework contracts / agreements are continuing to communicate in good time by the buyer types and species classifications of views. If the purchaser after an unsuccessful formal notice by the seller does not timely retrieve and / or divided, the seller shall be entitled to divide themselves and to supply or, alternatively, to withdraw from the unfulfilled part of the contract the buyer. Is made by the right of rescission, the purchaser shall compensate the seller of the resulting damage.

(3) Unless otherwise agreed, any changes to “call-off supply” contracts shall be notified no later than 2 months before delivery by the purchaser with  binding quantities by polling. Additional costs incurred by the Seller by such delayed recall or subsequent amendments to the call to be incurred by the buyer. Calculation of such costs shall be decided by seller. Goods ordered on a Call-Off basis must be taken within 12 months of order confirmation from the buyer.

(4) The seller is entitled to make partial deliveries and those charged in accordance with the pro rata purchase price.

(5) Insofar as no other agreement has been made, the seller retains the type of shipment reserved. He is not bound by the most favorable for the buyer shipping method.

4. Payment & Prices

(1) The prices are ex works, excluding VAT, packaging and other shipping and transport costs. Packaging is charged at cost price and only revoked if the seller is obligated to do so by virtue of imperative statutory provisions.

(2) Change, so the seller is entitled between contract conclusion and delivery of raw materials, energy and / or labor costs by a total of more than 5%, shall adjust the initially agreed price at its discretion.

(3) Taking into account the seller change requests by the buyer, so the resulting additional costs shall be charged to the buyer.

(4) Bills of exchange or checks are reserved to the seller; they are generally only accepted for payment and only apply as payment after redemption with discharging effect.

(5) Invoices are payable within 30 days of the invoice date. If payment is made within 10 days so the seller is granted a 2% discount. If payment is in exchange, checks or other instruction papers, so the costs of discounting and collection borne by the buyer to the load.

(6) In case of culpable exceeding of the payment period will be due subject to the assertion of further claims interest in the amount of 5% above the applicable base rate.

5 Moulds

Mould cost shares are placed separately principle of value of goods invoiced . They are with the sending of the initial samples or when such were not required to pay the first delivery of goods. By remuneration of cost shares of the purchaser is not entitled to the moulds, rather they remain the property of the seller. The seller undertakes to keep the tools up to 3 years after the last delivery. If notified before the deadline by the buyer that are carried out within a further year, the seller is obliged to keep even for that period. Otherwise, he can freely dispose of the tools. These rules apply unless otherwise agreed in writing on the ownership of the tool.

6 Off setting and retention.

Offsetting and retention are excluded unless the set-off claim is undisputed or legally binding.

7.Delivery Times

Specifying a delivery point is not binding and shall be reasonably extended if the purchaser in turn delays required or agreed cooperation or fails. The same applies to force majeure or measures in connection with labour disputes, especially strikes and lockouts, or if unforeseen obstacles which are beyond the control of the seller, for example, delivery delays of, traffic and operational disruptions, materials or energy shortage, etc. Also prompted by the buyer changes the delivered goods lead to an appropriate extension of the delivery deadline.

8 Transfer of Risk

The risk passes to the buyer when the seller has made available to the buyer the goods and this indicates to the buyer. Dispatched Goods reported to be borne by the buyer immediately, otherwise the Seller shall be entitled either to store them at the expense and risk of the buyer or to send them to the detriment of the buyer to this .

9 Retention of Title

1      The Seller will retain title to the products delivered until the Buyer has paid the purchase price in full. This retention of title also applies to any claims that the Seller may acquire against the Buyer due to the Buyer’s failure to fulfill one of its obligations towards the Seller.

2    Products delivered by the Seller to which the retention of title applies, may be resold or used only in the normal course of business. If they are resold, the Buyer is obliged to demand retention of title from its own buyers.

3    The Buyer is not permitted to pledge or otherwise encumber the products.

10. Warranty Claim

(1) Were the purchase for both parts a commercial transaction, the buyer shall, so far as is possible in the ordinary course of business to inspect the goods immediately upon receipt, and if a defect is detected to notify the seller in writing without delay. If the buyer fails this advertisement, the goods shall be deemed approved. Unless it concerns a defect that was not immediately recognizable. In this case §§ 377 ff. HGB applies.

(2) The purchaser complained deliveries may be published without written consent of the seller only when detected by the buyer good cause. Otherwise, go out with respect to these goods all warranty claims of the buyer. The same applies to self undertaken by the buyer attempts to rectify.

(3) Warranty claims are limited to subsequent performance, in which the seller is entitled to choose between repair and replenishment. In the subsequent performance fails, the buyer has the right to demand either a price reduction or cancellation of the contract.

(4) Further claims of the buyer, unless they result from an acceptance of guarantee are excluded. This does not apply in case of intent, gross negligence or breach of contract by the seller.

(5) The seller also is not liable for defects, unless the latter are caused by operating, maintenance, care or installation errors, improper use, incorrect action or natural wear and tear as well as incorrect installation or misuse exists.

(6) The statute of limitations one year after delivery of the goods.

11. Liability

Damage claims of the buyer are excluded. This does not apply in case of intent, gross negligence , breach of contract by the seller or the assumption of guarantees.

12. Right of withdrawal.

After conclusion of the contract the seller is entitled, at his option, the contract in whole or in part, or to demand security or advance payment when entering into the identity of the buyer or the legal form of the company changes or if it becomes aware of facts by which the credit the buyer will be affected.

13 Payments

If the Purchaser stops payment or is applied for against his assets or the assets of a co-owner of the company of the buyer, the insolvency proceedings, all claims of the seller will become due immediately. While eliminating all discounts granted and other payment discounts. Furthermore, the buyer is obliged to determine any remaining from our supplies on hand and surrendered to our officer.

14 Patent infringement
If the goods are sure to specific requirements of the purchaser, in particular in accordance with drawings, samples or other details , manufactured and delivered by the seller , the buyer has that and by the execution of any third party rights (esp. Patents, utility models, other intellectual property rights ) are violated . The buyer has the seller in this respect from all claims of third fully exempt.

15 Data Storage
The seller points out that there is in the order processing for the storage of personal data within the meaning of § 26 para . 1 of the Federal Data Protection Act .
elastometall ireland
Co. Leitrim, Ireland
Phone + 353 (0)71 98 555-90
Fax:      + 353 (0)71 98 555-91