{"id":50060,"date":"2026-01-31T13:43:45","date_gmt":"2026-01-31T12:43:45","guid":{"rendered":"https:\/\/www.ptfe-nuenchritz.de\/terms-and-conditions\/"},"modified":"2026-04-28T22:02:49","modified_gmt":"2026-04-28T20:02:49","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/www.ptfe-nuenchritz.de\/en\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"\n
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Terms and Conditions<\/h1>\n<\/div>\n<\/div>\n\n
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Startseite<\/a><\/span> \u00bb Terms and Conditions<\/span><\/span><\/div><\/div>\n<\/div>\n\n
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As of 07\/2019<\/em><\/h3>\n\n\n\n

General Terms and Conditions<\/h2>\n\n\n\n

for use in business transactions with companies<\/p>\n\n\n\n

Our deliveries and services are provided exclusively on the basis of the following terms and conditions, which shall become part of the individual contracts. They shall also apply to all future business relationships, even if they are not expressly agreed again. Any terms and conditions of the purchaser that we do not expressly acknowledge in writing shall not become part of the contract, even if we do not expressly object to them or if the purchaser refers in the same sense to its own purchasing terms and conditions. By placing an order or accepting the delivery, the terms and conditions shall be deemed accepted. The characteristics specified in the service description conclusively define the properties of the services. <\/p>\n\n\n\n

Our deliveries and services are generally based on the current ISO-GPS system (geometrical product specification), unless expressly agreed otherwise. This applies in particular in cases where the purchaser places an order using ambiguous technical drawings that do not comply with the current body of standards. <\/p>\n\n\n\n

Offers<\/p>\n\n\n\n

Our offers are subject to change and non-binding unless we have designated them as binding. Verbal or telephone agreements, as well as agreements made by fax or email, shall only become binding upon our written confirmation. <\/p>\n\n\n\n

Prices<\/p>\n\n\n\n

1. Our prices are in euros and apply ex works, plus packaging, transport costs and VAT, unless otherwise agreed in writing.<\/p>\n\n\n\n

2. If the price is agreed to depend on the part weight, the final price shall be based on the actual manufacturing weight.<\/p>\n\n\n\n

Payment terms<\/p>\n\n\n\n

1. The invoice shall be issued on the date the goods are dispatched. If, upon completion or after the acceptance obligation has arisen, no shipping instructions from the purchaser are available, or if the goods are stored at the supplier\u2019s premises until collection, the invoice shall be issued with the date of completion of the goods. <\/p>\n\n\n\n

Payment periods apply from the invoice date.<\/p>\n\n\n\n

2. Invoice amounts are due without deduction upon receipt of the invoice. The purchaser shall be in default if the invoice is not settled no later than 30 days after receipt. <\/p>\n\n\n\n

3. During default, as well as in the event of exceeding an agreed pay\u2013<\/del>ment date, default interest shall be owed in accordance with the statutory provisions pursuant to Section 288 of the German Civil Code (BGB).<\/p>\n\n\n\n

4. Cheques shall be deemed cash payment provided they are sent to us in sufficient time to allow them to be cashed within the above payment periods.<\/p>\n\n\n\n

5. Bills of exchange and cheques are accepted only on account of payment; all costs associated therewith shall be borne by the purchaser. We assume no liability for proper presentation and for procuring protests. Bills of exchange and cheques shall be credited only subject to correct receipt, after deduction of the corresponding interest and costs incurred by us. <\/p>\n\n\n\n

6. The provision of our own or third-party acceptances, the acceptance of which we reserve in any case, shall not be regarded as cash payment. Cash discount on bill-of-exchange payments shall not be granted. Discount charges and bill stamp duty shall be borne by the purchaser. <\/p>\n\n\n\n

7. No interest shall be paid on advance or on-account payments.<\/p>\n\n\n\n

8. We reserve the right at any time to determine credit limits and to withdraw credit facilities \u2013 even within the above payment periods \u2013 even after conclusion of the contract. We are also entitled at any time, without stating reasons, to demand security that we deem sufficient. If such security is not provided upon our request, our claim shall become due immediately. <\/p>\n\n\n\n

9. The purchaser shall only be entitled to set-off or to withhold payments if its counterclaim is undisputed or has been finally adjudicated. The purchaser shall only be entitled to exercise a right of retention if its counterclaim is based on the same contractual relationship. In the event of defects, the purchaser shall have no right of retention unless the delivery is obviously defective or the purchaser obviously has a right to refuse acceptance of the work; in such a case, the purchaser shall only be entitled to retain an amount that is in reasonable proportion to the defects and the expected costs of subsequent performance (in particular, remedying the defect). The purchaser is not entitled to assert claims and rights due to defects if it has not made due payments and the due amount is in reasonable proportion to the value of the delivery or work \u2013 affected by defects. Deductions shall only be recognised insofar as they have been agreed. <\/p>\n\n\n\n

10. Only payments made at the place of performance shall have a discharging effect. Payments to employees of our company shall only have a discharging effect if they are provided with written collection authorisation. <\/p>\n\n\n\n

Packaging<\/p>\n\n\n\n

1. Unless otherwise agreed, we shall choose the packaging and method of shipment at our discretion.<\/p>\n\n\n\n

2. Paper packaging will be charged at cost. Crates, boxes, barrels, sacks and other packaging declared as returnable packaging will be charged and credited at 2\/3 of the charged value if returned carriage paid in good condition within 4 weeks of receipt of the delivery. The railway authority\u2019s note \u201cinsufficiently packed\u201d shall never be to our disadvantage. <\/p>\n\n\n\n

3. Dispatch of the goods ex works or from the delivery warehouse shall always be at the purchaser\u2019s risk.<\/p>\n\n\n\n

Delivery<\/p>\n\n\n\n

1. Delivery dates or periods that have not been expressly agreed as binding are non-binding information only. The delivery time stated by us shall not commence until the technical issues have been clarified. Likewise, the purchaser must properly and timely fulfil all obligations incumbent upon it. <\/p>\n\n\n\n

2. Agreed delivery dates will be met as far as possible, but shall be reasonably extended in the event of unforeseen circumstances, in particular operational disruptions, strikes and force majeure. If delivery becomes impossible or unreasonable due to the impediment, due to fire, explosions, flooding, official measures, strike or other unforeseen circumstances and cases of force majeure affecting us or suppliers of the materials required to manufacture our products or the transport company, we shall be entitled to withdraw from the contract without compensation and without any obligation to deliver replacement goods. <\/p>\n\n\n\n

We shall only be responsible for the timely procurement of our deliveries and\/or services insofar as we receive the necessary supplies and other services in due time. We will inform the purchaser without undue delay of the unavailability or untimely availability of supplies and, where applicable, promptly refund any consideration received. The burden of proof that a breach of duty in connection with the procurement of supplies is attributable to us shall lie with the purchaser. <\/p>\n\n\n\n

3. The delivery date shall be deemed met if the goods have left our plant by its expiry or if readiness for dispatch has been notified to the purchaser.<\/p>\n\n\n\n

4. If a delivery date is exceeded by more than 2 weeks, the purchaser shall be entitled to set a reasonable grace period. If this deadline is also not met, the purchaser shall have the right to withdraw from the contract within 2 weeks after expiry of this period. We will specifically inform the purchaser, at the start of the period, of the intended significance of its conduct. <\/p>\n\n\n\n

5. Reasonable partial deliveries and early deliveries, as well as deviations from the order quantity of up to +\/- 10%, are permissible unless otherwise agreed and insofar as this is reasonable for the purchaser.<\/p>\n\n\n\n

6. If dispatch of the deliveries is delayed at the purchaser\u2019s request by more than 2 weeks after the agreed delivery date or, if no specific delivery date was agreed, after our notification of readiness for dispatch, we shall be entitled to charge a flat-rate storage fee of 1% of the net price of the delivery item per month (pro rata where applicable), but no more than 5%. The purchaser is permitted to prove that we have suffered no damage or substantially lower damage. We are permitted to prove that higher damage has been incurred. <\/p>\n\n\n\n

7. If the purchaser is in default of acceptance, we shall be entitled to demand compensation for the damage incurred and any additional expenses. The same applies if the purchaser culpably breaches duties to cooperate. Upon occurrence of default of acceptance or debtor\u2019s default, the risk of accidental deterioration and accidental loss shall pass to the purchaser. <\/p>\n\n\n\n

Warranty<\/p>\n\n\n\n

1. The purchaser\u2019s claims for defects shall exist only if the purchaser has duly complied with its inspection and notification obligations pursuant to Section 377 of the German Commercial Code (HGB).<\/p>\n\n\n\n

2. Our information on the delivery and service item, intended use, quality, etc. is to be regarded as approximate. As a rule, unless otherwise agreed in writing, the item shall be deemed free of material defects if it is suitable for ordinary use and has a quality that is customary for items of the same type and that the buyer can expect given the nature of the item. <\/p>\n\n\n\n

No further guarantees, in particular regarding durability or quality of the delivery item, are assumed. Our statements in connection with the contract (e.g. service descriptions, reference to DIN standards, etc.) do not, in case of doubt, constitute any assumption of a guarantee, including by implication. In case of doubt, only our express written statements regarding the separate assumption of a guarantee shall be decisive. <\/p>\n\n\n\n

Claims for defects shall not exist in the event of only insignificant deviation from the agreed quality or only insignificant impairment of usability.<\/p>\n\n\n\n

3. Deviations from samples or previous deliveries will be avoided insofar as technically possible and reasonable.<\/p>\n\n\n\n

4. In the event of non-insignificant defects in our deliveries and services, in particular manufacturing and material defects, we shall, at our discretion, provide subsequent performance by repair or delivery of replacement parts. Within the scope of subsequent performance, we are in no case obliged to deliver or manufacture anew. In this respect, the purchaser shall be entitled, if subsequent performance fails twice, to reduce the price or, at its option, to withdraw from the contract. The purchaser shall bear the expenses required for subsequent performance insofar as they increase because the deliveries\/services are taken to a place other than the purchaser\u2019s place of business, unless the transfer corresponds to their intended use. <\/p>\n\n\n\n

5. The preparation of certificates must be agreed in writing with regard to form and subject matter and shall be remunerated separately.<\/p>\n\n\n\n

6. We shall not be liable for advice provided by us, unless liability for the advice has additionally been assumed in writing and forms part of the service. <\/p>\n\n\n\n

7. The warranty shall lapse if the delivered goods have been modified, processed or handled improperly.<\/p>\n\n\n\n

8. We shall only be liable for defective third-party products insofar as we have warranty claims against our upstream supplier.<\/p>\n\n\n\n

9. A limitation period of 12 months from delivery shall apply to all warranty claims.<\/p>\n\n\n\n

10. Complaints must be made immediately upon receipt of the goods in accordance with Section 377 HGB; in the case of hidden defects, in writing within 10 days of their discovery. Returns may not be made without our prior consent. <\/p>\n\n\n\n

General limitations of liability<\/p>\n\n\n\n

A. 1. In cases of intent or gross negligence on our part or on the part of a representative or vicarious agent, we shall be liable in accordance with statutory provisions. Otherwise, we shall only be liable under the Product Liability Act, <\/p>\n\n\n\n

for injury to life, body or health, or for culpable breach of essential contractual obligations. However, the claim for damages for breach of essential contractual obligations is limited to the foreseeable damage typical for the contract. Our liability is also limited, in cases of gross negligence, to the foreseeable damage typical for the contract if none of the exceptional cases listed in sentence 2 of this para. 1 applies. <\/p>\n\n\n\n

2. Liability for damage caused by the delivery item to legal interests of the purchaser or third parties, e.g. damage to other property, is entirely excluded. This shall not apply in cases of intent or gross negligence or where liability exists for injury to life, body or health. <\/p>\n\n\n\n

3. We shall also be liable for damage caused by a simple negligent breach of such contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on compliance with which the buyer regularly relies and may rely. However, we shall only be liable insofar as the damage is typically associated with the contract and foreseeable. <\/p>\n\n\n\n

4. The provisions of the above paras. 1 and 3 shall apply to claims for damages in addition to performance and damages in lieu of performance, irrespective of the legal basis, in particular due to defects, breach of obligations arising from the obligation relationship or tort. They shall also apply to claims for reimbursement of futile expenses. However, liability for delay is governed by letter B, and liability for impossibility by letter C. <\/p>\n\n\n\n

5. Any further liability is excluded in view of the legal nature of the asserted claim; this applies in particular to tort claims or claims for reimbursement of futile expenses in lieu of performance. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents. <\/p>\n\n\n\n

B. 1. In the event of delay in performance, we shall be liable in cases of intent or gross negligence on our part or on the part of a representative or vicarious agent in accordance with statutory provisions. In cases of gross negligence, however, our liability is limited to the foreseeable damage typical for the contract, except in the event of injury to life, body or health. <\/p>\n\n\n\n

2. If the underlying purchase contract is a fixed-date transaction within the meaning of Section 286 (2) no. 4 BGB or Section 376 HGB, we shall be liable in accordance with statutory provisions. The same applies if, as a result of a delivery delay for which we are responsible, the purchaser is entitled to assert that its interest in further performance of the contract has ceased. In this case, our liability is limited to the foreseeable damage that typically occurs if the delivery delay is not based on an intentional breach of the contract for which we are responsible, whereby we are responsible for the fault of our representatives or vicarious agents. <\/p>\n\n\n\n

3. If a delivery delay for which we are responsible is based on the culpable breach of a contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on compliance with which the purchaser regularly relies and may rely, whereby we are responsible for the fault of our representatives or vicarious agents, we shall be liable in accordance with statutory provisions, subject to the proviso that in this case liability for damages is limited to the foreseeable damage that typically occurs.<\/p>\n\n\n\n

4. Otherwise, our liability for delay in performance for damages in addition to performance is limited to 5% and for damages in lieu of performance to 10% of the value of the delivery\/service.<\/p>\n\n\n\n

5. Any further liability for a delivery delay for which we are responsible is excluded \u2013 even after expiry of any deadline set for us for performance. Further statutory claims and rights of the buyer to which it is entitled in addition to the claim for damages due to a delivery delay for which we are responsible shall remain unaffected. <\/p>\n\n\n\n

C. In the event of impossibility of delivery\/service, we shall be liable in cases of intent or gross negligence on our part or on the part of a representative or vicarious agent in accordance with statutory provisions. In cases of gross negligence, however, our liability is limited to the foreseeable damage typical for the contract if none of the exceptional cases listed in sentence 5 of this provision applies. Otherwise, our liability due to impossibility is limited to damages and reimbursement of futile expenses to a total of 10% of the value of the delivery\/service. Further claims of the purchaser due to impossibility of delivery are excluded. This limitation shall not apply in cases of intent, gross negligence or liability for injury to life, body or health. The purchaser\u2019s right to withdraw from the contract remains unaffected. <\/p>\n\n\n\n

Liquidated damages<\/p>\n\n\n\n

For damage incurred on our side in connection with the performance of the contract, we may, at our discretion, demand from the purchaser compensation in the form of liquidated damages amounting to 10% of the gross value of the goods or the actual damage incurred, unless the purchaser can prove that no damage or loss in value has occurred at all or that it is substantially lower than the lump sum.<\/p>\n\n\n\n

Retention of title<\/p>\n\n\n\n

1. We reserve title to all goods delivered by us until the invoice amounts have been paid in full. In the case of payment by cheque or bill of exchange, the retention of title shall remain in effect until the bill of exchange or cheque has been fully redeemed. <\/p>\n\n\n\n

2. The buyer is entitled to resell and\/or use the goods subject to retention of title in the ordinary course of business as long as it is not in default of payment. Pledges or transfers by way of security are not permitted. The buyer hereby assigns to us, by way of security, in full, the claims arising from resale or any other legal ground (insurance, tort) in respect of the goods subject to retention of title (including all balance claims from current account). We hereby accept the assignment. We revocably authorise the buyer to collect the claims assigned to us in its own name for its account. The collection authorisation may be revoked at any time if the buyer does not properly meet its payment obligations. The buyer is also not entitled to assign these claims for the purpose of collecting receivables by way of factoring, unless at the same time the factor undertakes to effect the consideration in the amount of the receivables directly to us as long as claims by us against the buyer still exist. <\/p>\n\n\n\n

3. The purchaser may process goods in which we have retained title within the scope of ordinary business operations, unless it is in default of payment or ceases payment. Any acquisition of ownership by the purchaser pursuant to Section 950 BGB in the event of processing our goods subject to retention of title shall occur exclusively for us, i.e. it is already agreed that we shall own the new item created by processing. Insofar as goods of other suppliers are also processed, for which the legal consequences of Section 950 BGB are likewise excluded, we shall acquire at least co-ownership of the new item in proportion to the value of the other processed items invoiced by the supplier. If, as a result of mixing, the purchaser\u2019s item is to be regarded as the main item, the purchaser and we agree that the purchaser shall transfer to us co-ownership in this item on a pro rata basis. We hereby accept the transfer. The purchaser shall hold in safekeeping for us the sole or co-ownership thus created. <\/p>\n\n\n\n

4. Before the invoice amounts have been paid, the purchaser may neither pledge the goods delivered to it nor transfer them by way of security.<\/p>\n\n\n\n

5. In the event of third-party access to the goods subject to retention of title, in particular seizures, the purchaser shall point out our ownership and notify us without undue delay so that we can enforce our ownership rights. If the third party is not in a position to reimburse us for the judicial or extrajudicial costs incurred in this connection, the purchaser shall be liable for these costs. <\/p>\n\n\n\n

6. We are obliged to release the securities to which we are entitled insofar as the realisable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released shall be at our discretion.\u201d <\/p>\n\n\n\n

Intellectual property rights<\/p>\n\n\n\n

1. If we are to deliver according to drawings, models, moulds, templates, samples or using parts or tools provided or other production resources of the purchaser, the purchaser warrants that no third-party intellectual property rights are infringed thereby. Upon first request, the purchaser shall indemnify us against third-party claims and compensate us for the damage incurred. <\/p>\n\n\n\n

2. Production resources provided to us pursuant to clause 1 that have not resulted in an order will be returned to the purchaser at the purchaser\u2019s request declared in writing, subject to assumption of costs; otherwise, we are entitled to destroy them at the purchaser\u2019s expense three months after submission of the offer. <\/p>\n\n\n\n

Miscellaneous<\/p>\n\n\n\n

1. All contractual agreements must be made in writing. This also applies to any agreement to deviate from this written-form clause. There are no verbal side agreements. <\/p>\n\n\n\n

2. Should one or more of the above provisions be invalid, what the parties would reasonably have agreed in its place shall apply. If this cannot be determined, the statutory provision shall apply. <\/p>\n\n\n\n

Place of performance\/Jurisdiction<\/p>\n\n\n\n

1. The place of performance for deliveries and payments is our registered office. The place of jurisdiction for all disputes related to the performance of the contract, including those concerning warranty or damages, is Dresden. <\/p>\n\n\n\n

2. German law shall apply exclusively to all contractual relationships, including with foreign partners. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. <\/p>\n\n\n\n

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