General Terms and Conditions
General Terms and Conditions of FORMCASE GmbH
1.1 These terms and conditions shall apply exclusively to all offers and sales, unless expressly agreed otherwise in writing; the customer's terms and conditions shall not be valid unless they have been expressly accepted by us in writing.
1.2 Contracts based on these terms and conditions shall remain binding even if individual points of these terms and conditions are or become invalid. Instead, the ineffective condition or a loophole requiring filling shall be replaced by a provision which, as far as legally possible, comes as close as possible to what the contracting parties intended or, had they considered the point, would have intended.
2. OFFERS / SAMPLES
2.1 Offers are subject to confirmation unless they have been expressly designated as binding.
2.2 The illustrations and information contained in offers, brochures and cost estimates, in particular weight and dimension specifications or other technical data, are only approximately authoritative; these, as well as DIN, VDE or other company or inter-company standards referred to, merely characterise the subject matter of the contract and only represent a guarantee of properties if expressly confirmed in writing.
2.3 We reserve the right of ownership and copyright for technical documents and cost estimates as components of the offer. The recipient of the quotation shall be obliged not to make these documents accessible to third parties, and to return them to FORMCASE UG immediately upon request, including any copies that may have been made in the meantime.
2.4 Obvious errors in the offer can be corrected up until the confirmation of the order.
3. ORDER / ORDER CONFIRMATION
3.1 By placing an order, the Customer accepts these terms and conditions.
3.2 In every order, the orderer must state all details precisely. No liability shall be accepted for errors and damage caused by incomplete or inaccurate details (e.g. "as is") in the order.
3.3 The contract shall be deemed to have been concluded upon receipt of the order with the written order confirmation by FORMCASE UG. Silence shall not be considered as acceptance and shall not lead to the conclusion of the contract. The written order confirmation shall be authoritative for the content and scope of the contract: this shall also apply to subsidiary agreements, amendments, supplements, etc.
3.4 If, after the order confirmation has been sent, FORMCASE UG becomes aware of a significant deterioration in the financial circumstances of the Customer, or receives correspondingly unfavourable information about his commercial behaviour and/or his method of payment, FORMCASE UG shall be entitled either to make its performance dependent on a prior payment or other security that appears appropriate, or to withdraw from the contract.
3.5 After receipt of the order confirmation sent by FORMCASE UG, the Customer shall check its correctness within one week. Changes to the order shall be possible free of charge within this period. Changes at a later point in time shall, in addition to additional costs, possibly lead to a delay in the delivery date by up to two weeks.
3.6 FORMCASE UG sends a delivery notification one to two weeks before the planned week of delivery, stating the day of delivery, which has been agreed upon in advance with the customer. Changes to the order are no longer possible from this point onwards, as the production and logistics processes are planned and carried out in accordance with these notifications. If the customer/ordering party requests or requires changes to the delivery postponements after this point in time, additional costs may be incurred for components or assembly services that have already been produced. Delivery deadlines within the scope of a tour delivery shall be postponed by two weeks. Should an earlier direct delivery be desired or necessary by the customer/client, the customer/client shall bear the costs of the direct delivery.
3.7 Fixed dates confirmed by FORMCASE UG are binding for both parties from the time of delivery of the delivery notification from FORMCASE UG to the Customer/Orderer. The costs, if any, of a desired or necessary postponement of the fixed date shall be borne by the party initiating the postponement.
3.8 Withdrawal/cancellation/return of goods
"Should the contract be cancelled at the request of the Customer, following express written consent by FORMCASE UG, FORMCASE UG reserves the right to charge the Customer for the transport and assembly costs, as well as for the expenses incurred in taking back the goods. In any case, a flat administrative fee of 10% will be charged.