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Terms & Conditions

General Terms and Conditions for Business Customers (Last updated: 13.06.2014)

Bachmann Kunststoff Technologien GmbH, Rudolf-Diesel-Str. 2, 63322 Rödermark, Tel: 06074 94394, Fax: 06074 98544, Email: service@bktgermany.com, Managing Directors: Pascal Julien, Marcel Julien, HRB 32700, VAT ID: DE113533031

1. Scope of Application

These General Terms and Conditions apply to all business relationships between Bachmann Kunststoff Technologien GmbH (hereinafter "Seller") and the customer (hereinafter "Buyer"). Deviating conditions of the Buyer shall not be recognised unless the Seller expressly agrees to their validity in writing. These Terms and Conditions shall also apply if the Seller carries out the delivery without reservation in the knowledge of conflicting or deviating conditions of the Buyer.

2. Subject of Contract / Conclusion of Contract

The contract language is German. Our offers on the Internet represent a non-binding invitation to order goods from us. By placing an order, you submit a binding offer. For orders through our online shop, we will send you an order confirmation by email. This email does not yet constitute acceptance of your offer. A contract is only concluded by our express order confirmation or by delivery of the goods.

3. Payment Methods / Payment Terms

Payment is made by invoice (payment due within 14 days of invoice date), cash on delivery (plus EUR 2.00 cash on delivery fee), PayPal, or online banking, at the Buyer's choice. The Seller reserves the right to exclude certain payment methods. If the Buyer is in default of payment, the Seller is entitled to charge default interest at the rate of 8 percentage points above the respective base interest rate.

4. Right of Withdrawal / Withdrawal Policy

Consumers are entitled to a statutory right of withdrawal. You may revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, email) or by returning the goods. The period begins after receipt of this instruction in text form and after receipt of the goods. To meet the withdrawal deadline, it is sufficient to send the withdrawal or the goods in time. The withdrawal should be directed to: Bachmann Kunststoff Technologien GmbH, Rudolf-Diesel-Str. 2, 63322 Rödermark, Email: service@bktgermany.com.

5. Cost Allocation Agreement

In the event of an effective withdrawal, the services received by both parties shall be returned. If you cannot return the received service in whole or in part, or only in a deteriorated condition, you may have to pay compensation. You shall bear the costs of return shipping if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed EUR 40, or if you have not yet provided the consideration at a higher price.

6. Unavailability of Ordered Goods

Should the ordered goods not be available because the Seller is not supplied by their supplier through no fault of their own, the Seller may withdraw from the contract. In this case, the Buyer will be informed immediately and any payments already made will be refunded. As an alternative, the Buyer may be offered comparable goods.

7. Delivery

Delivery is made ex loading ramp, works Rödermark. The Seller delivers worldwide unless otherwise agreed. For deliveries to third countries, additional customs duties and taxes may apply, which shall be borne by the Buyer. The Buyer is obliged to comply with all applicable export and import regulations. Delivery dates are only binding if confirmed in writing by the Seller.

8. Price / Due Date

The catalogue prices valid at the time of ordering shall apply. All prices are net plus statutory value added tax. Packaging and shipping costs are calculated and shown separately. The invoice amount is due within 14 days of the invoice date without deduction, unless otherwise agreed.

9. Retention of Title

The delivered goods remain the property of the Seller until full payment of all claims arising from the business relationship. The Buyer may resell the reserved goods in the ordinary course of business. All resulting claims against third parties are hereby assigned by the Buyer to the Seller in the amount of the invoice value. The Seller accepts the assignment.

10. Warranty

The warranty period is 2 years from delivery. The Buyer is obliged to carefully inspect the goods within one week of receipt and to report any apparent defects immediately, but no later than within 7 working days of receipt, in writing. Hidden defects must be reported immediately upon discovery. Defect reports should be directed to: service@bktgermany.com. In the case of justified defect reports, the Seller shall, at their discretion, provide repair or replacement delivery.

11. Liability

The Seller shall be liable without limitation in the case of intent and gross negligence. In the case of slight negligence, the Seller shall only be liable for breach of essential contractual obligations and only for the foreseeable, contract-typical damage. Liability under the Product Liability Act remains unaffected. Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives, and vicarious agents.

12. Choice of Law

The law of the Federal Republic of Germany shall apply. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

13. Export Control / Export Prohibition

The Buyer must observe the relevant export and import control regulations when exporting the goods. In particular, the goods may not be delivered directly or indirectly to countries subject to embargoes. The Buyer shall immediately inform the Seller if there are any indications that the goods are intended for use in connection with nuclear, biological, or chemical weapons or for use in rocket technology.

14. Miscellaneous

The place of performance for all services under this contract is Rödermark. The place of jurisdiction for all disputes arising from or in connection with this contract is Offenbach am Main, provided the Buyer is a merchant, a legal entity under public law, or a special fund under public law. Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid one that comes as close as possible to the economic purpose of the invalid provision.

Last updated: 13.06.2014