I. Scope of Application

1. The following terms and conditions of sale apply exclusively to all deliveries by the Seller. Conflicting or deviating terms of the Buyer shall not be recognized, unless expressly approved in writing by the Seller. The general terms and conditions of delivery shall also apply if the Seller accepts orders unconditionally while aware of conflicting or deviating terms of the Buyer.
2. Only the law of the Federal Republic of Germany shall apply; the applicability of the UN Convention on Contracts for the International Sale of Goods is excluded.
3. These General Terms and Conditions of Delivery apply only to entrepreneurs, legal entities under public law, or a special fund under public law within the meaning of § 310 para. 1 BGB.

II. Offer

1. Unless otherwise stated in the offer, all offers of the Seller are non-binding.
2. An order placed with the Seller only becomes effective once it has been confirmed in writing by the Seller. Changes and additions to the order by the Buyer require prior written confirmation by the Seller.
3. We reserve ownership rights to illustrations, drawings, calculations, and other documents; in the case of copyrightable materials, we also reserve the copyrights. This also applies to documents marked as “confidential.” Before passing these documents on to third parties, the Buyer requires the express written consent of the Seller.

III. Price, Payment, Delivery Dates, and Delivery

1. Prices are ex works and quoted in EUR. Packaging, shipping costs, and statutory VAT are charged separately.
2. The risk passes to the Buyer upon dispatch of the goods, even if free delivery has been agreed. If the Buyer does not specify the means of transport, the Seller will determine the appropriate transport method. Insurance against transport damage will be arranged only at the Buyer’s instruction and expense.
3. Invoices are issued on the day of delivery. This date applies to any cash discount and its calculation.
4. Cash discount deductions require a special written agreement.
5. Unless otherwise specified in the order confirmation, the purchase price is due net (without deduction) within 30 days of the invoice date. The statutory provisions regarding the consequences of delayed payment apply.
6. The Buyer may only offset claims if they are legally established, undisputed, or acknowledged by the Seller and were not acquired by assignment. The Buyer is entitled to exercise a right of retention only insofar as his counterclaim arises from the same contractual relationship.
7. If the Buyer is in default of payment, any entitlement to cash discounts is excluded.
8. Compliance with delivery deadlines requires the timely receipt of all documents, approvals, and releases to be provided by the Buyer, especially plans, and the observance of the agreed payment terms and other obligations by the Buyer. If these prerequisites are not met in time, the delivery period shall be extended appropriately; this does not apply if the Seller is responsible for the delay.
9. Delivery deadlines are subject to correct and timely self-supply. Imminent delays will be communicated by the Seller as soon as possible.
10. If the non-compliance with delivery deadlines is due to force majeure, labor disputes, or other events beyond the Seller’s control, the delivery period shall be extended appropriately. The Seller will inform the Buyer of the beginning and end of such circumstances as soon as possible.
11. The Buyer may not refuse delivery for insignificant defects. Partial deliveries are permissible if reasonable for the Buyer.
12. If the Seller is in default and the Buyer suffers damage as a result, the Buyer is entitled to claim a flat-rate compensation for delay. This amounts to 0.5% per full week of delay, but in total no more than 5% of the value of the part of the overall delivery that cannot be used on time or according to contract. If the Buyer sets the Seller a reasonable deadline for performance after maturity – taking statutory exceptions into account – and this deadline is not met, the Buyer is entitled to withdraw within the scope of statutory provisions. The Buyer undertakes, at the Seller’s request, to declare within a reasonable period whether he intends to exercise his right of withdrawal. Further claims due to delivery delays are exclusively governed by Section VI of these terms.
13. If shipment or delivery is delayed at the Buyer’s request by more than one month after notification of readiness for dispatch, the Buyer may be charged storage fees of 0.5% of the price of the delivered items per month, but in total no more than 5%. Proof of higher or lower storage costs remains unaffected.

IV. Security

1. Delivered goods remain the property of the Seller until full payment of all claims from the business relationship, including interest and costs, and until the redemption of all bills and checks provided by the Buyer.
2. In the event of seizure, confiscation, or other dispositions or interventions by third parties, the Buyer must notify the Seller immediately.
3. If the Buyer is in default of payment, all claims of the Seller become due. In this case, the Buyer must return reserved goods as security and make advance payments or provide collateral for goods not yet delivered. Reserved goods may not be pledged, sold, or transferred as security.
4. If the Buyer wishes to use reserved goods outside the territory of the Federal Republic of Germany, either personally or through third parties, prior written consent from the Seller is required.

V. Liability for Defects

1a. POLY-TOOLS guarantees the freedom from defects of its performance, i.e., the agreed quality of its delivered product or work and that the delivered product, work, or service is suitable for the intended use.

1b. In the event of a defect, POLY-TOOLS is particularly obliged to bear all necessary expenses for rectification or replacement delivery.

1c. The warranty period is 12 months from the date of delivery.

2. The goods must correspond to the state of technology applicable at the time of order. No further characteristics are assured, particularly not regarding special suitability for the Buyer’s intended use.

3. For molds used to produce plastic parts by blow, injection, injection-blow, or foaming methods, the Seller’s liability for defects is limited to ensuring that these are manufactured according to the supplied templates and function with commonly used materials in Germany. Uncertainties such as shrinkage or warping due to uneven wall thickness are excluded.

4. Liability for defects does not cover aesthetic, fashion, or durability-related issues caused by mold design.

5. Claims for defects do not exist for minor deviations from agreed quality, minor impairments of usability, normal wear, or damage caused after the transfer of risk by faulty handling, excessive use, or unsuitable operating materials. Improper modifications by the Buyer or third parties also void defect claims.

6. Liability for defects is limited to free rectification, replacement, or withdrawal if legal requirements are met. The place of performance is Donsieders. The Buyer is not entitled to carry out repairs independently without written approval.

7. Further claims are governed exclusively by Section VI.

8. The Seller is not liable for infringement of design, utility, patent, or other copyrights arising from plastic parts produced with the tools. If third parties claim against the Seller, the Buyer must indemnify the Seller if the Buyer caused the claim.

9. The Buyer must inspect the goods immediately upon receipt and report defects promptly and in writing with full details.

VI. Other Liability of the Seller

1. If the delivery item cannot be used contractually due to the Seller’s fault caused by omitted or defective proposals or advice, or breach of other ancillary obligations, Sections V and VI.2 apply exclusively.
2. For damages not caused to the delivery item itself, the Seller is liable only
   • in cases of intent,
   • gross negligence by owners, officers, or senior management,
   • culpable injury to life, body, or health,
   • defects fraudulently concealed,
   • within a guarantee commitment,
   • for defects covered under the Product Liability Act for private use.

For culpable breaches of essential contractual obligations, liability for gross negligence by non-senior employees or slight negligence is limited to typical, foreseeable damage. All other claims are excluded.

VII. Statute of Limitations

All claims by the Buyer – for whatever legal reason – expire after 12 months. Statutory limitation periods apply for claims under Section VI.2. This also applies to defects in buildings or delivery items used for a building according to customary use that caused the defect.

VIII. Data Protection and Confidentiality

1. The Buyer consents that all personal data collected in the course of fulfilling the purpose (order processing and billing) may be processed electronically.
2. Each contracting party shall use all documents and knowledge received only for the jointly pursued purposes and keep them confidential with the same care as their own if marked confidential or if there is an obvious interest in secrecy. This obligation continues after termination of the business relationship.

IX. VAT Liability

If the Seller is subsequently held liable for VAT by the tax authorities because the conditions for a tax-free delivery were not met due to incorrect information provided by the Buyer, the Buyer is obliged to reimburse the Seller.

X. Jurisdiction

1. The place of jurisdiction is Zweibrücken unless mandatory legal provisions prohibit this. This also applies to bills of exchange and check claims.
2. Should one or more provisions become invalid, the remaining provisions remain effective. Invalid provisions shall be replaced considering commercial practices and statutory regulations.