General Terms and Conditions of FORMCASE GmbH
1. GENERAL
1.1 These conditions apply exclusively to all offers and sales, unless otherwise expressly agreed in writing; The customer’s terms and conditions are not valid unless they have been expressly recognized by us in writing.
1.2 Contracts based on these conditions remain binding, even if individual points of these conditions are or become invalid. Instead of the ineffective condition or a gap that needs to be filled, a provision should come that, within the scope of what is legally possible, comes as close as possible to what the contractual partners wanted or, if you had considered the point, would have wanted.
2. OFFERS / SAMPLES
2.1 The offers are non-binding 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 dimensions or other technical data are only approximate; These as well as referenced DIN, VDE or other company or inter-company standards only identify the subject matter of the contract and only represent a guarantee of properties if there is a corresponding written express confirmation.
2.3 The right of ownership and copyright for technical documents and cost estimates as part of the offer remains reserved. The recipient of the offer is obliged not to make these documents accessible to third parties and to return them immediately to FORMCASE UG upon request – including copies made in the meantime.
2.4 Obvious errors in the offer can be corrected up until the order is confirmed.
3. ORDER / ORDER CONFIRMATION
3.1 By placing an order (order), the customer accepts these conditions.
3.2 In each order, the customer is required to provide all the details. We are not liable for errors and damage caused by incomplete or inaccurate information (e.g., “as usual”) in the order.
3.3 The contract is deemed to have been concluded after receipt of the order with the written order confirmation by FORMCASE UG. Silence does not count as acceptance and does not lead to the conclusion of a contract. The written order confirmation is decisive for the content and scope of the contract: this also applies to ancillary agreements, changes, additions, etc.

3.4 If, after the order confirmation has been sent, FORMCASE UG becomes aware of a significant deterioration in the customer’s financial situation or correspondingly unfavorable information about his commercial behavior and/or his method of payment, FORMCASE UG can either make its performance dependent on a previous payment or on another security that appears appropriate make or withdraw from the contract.
3.5. After receiving the order confirmation sent by FORMCASE UG, the customer must check it for accuracy within one week. Changes to the order are possible free of charge within this period. In addition to additional costs, changes at a later point in time may lead to a delay in the delivery time of up to two weeks.
3.6. One to two weeks before the planned delivery week, FORMCASE UG sends a delivery notification stating the delivery day, which has been coordinated with the orderer/customer in advance. Changes to the order are no longer possible from this point in time, since the production and logistics processes are planned and carried out depending on these notifications. If changes to the postponement of delivery are desired or necessary by the customer/orderer after this point in time, additional costs may arise for components or assembly services that have already been produced. Delivery periods within the scope of a tour delivery are postponed by two weeks. If the customer/purchaser requests or is necessary an earlier direct delivery, the customer/purchaser has to bear the costs of the direct delivery.
3.7 Fixed dates confirmed by FORMCASE UG are binding for both parties from the delivery of the shipping notification from FORMCASE UG to the customer/orderer. Any costs incurred for a desired or necessary postponement of the fixed date are to be borne by the person who initiates the postponement.
3.8. Withdrawal/cancellation/return of goods
“If the contract is canceled at the request of the customer after the express written consent of FORMCASE UG, FORMCASE UG reserves the right to charge the customer for the transport and assembly costs as well as the expenses incurred for the return of the goods. In any case, an administration fee of 10% will be charged.
Withdrawal from the contract is excluded for goods that have been specially manufactured or procured for the customer. Rescission is also excluded for goods that the customer has used.”

4. PRICES, PRICE RESERVATION, PAYMENTS
4.1 The prices do not include statutory VAT plus shipping costs including packaging without any deductions.
4.2 If there are significant and unforeseen changes in the cost factors relevant to the order compared to the time of the order confirmation, we reserve the right to adjust the price accordingly, provided that there is a period of at least 2 months between the order confirmation and the delivery date.
4.3 Payments are to be made exclusively to the accounts specified on the business letters.
4.4 If the invoice is not paid within 30 days of the invoice date (…paid within the agreed payment period,…), the customer/orderer is in default without a separate reminder being required. In the event of default, reminder fees and default interest of 8% above the base interest rate for legal transactions in which a consumer is not involved, or 5% above the base interest rate for legal transactions in which a consumer is involved, p. a. calculated.
4.5 The customer can only offset claims from FORMCASE UG with undisputed or legally established claims.
5. DELIVERY TIME
5.1 The date stated in the order confirmation is always decisive for the delivery time. If a specific calendar week is agreed as the delivery time, FORMCASE UG reserves the right to the delivery day in the confirmed week. FORMCASE UG will inform you of the exact delivery date via delivery notification one to two weeks before delivery. If only a delivery period is specified, this begins when the order confirmation is sent. All delivery times and deadlines are extended appropriately if the requirements of regulation 8.1 are met.
5.2 The delivery time is met in the business area with trading partners if the delivery item has left the factory by the time it expires or if readiness for dispatch has been notified. Our standard delivery time is 4-5 weeks ex works after order clarity.
5.3 The customer can put FORMCASE UG in default after the agreed delivery time has been exceeded, but must grant a subsequent delivery period of 3 weeks. If the customer suffers damage as a result of a delay for which FORMCASE UG is responsible, the compensation for each completed week of delay is 0.5%, but in total no more than 5% of the value of that part of the total delivery that was not delivered on time or not in accordance with the contract as a result of the delay can be used.
Further damage will only be compensated in the cases of regulation 12.6.
Status: March 2016

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General Terms and Conditions of FORMCASE UG
5.4 Compliance with the delivery time/deadline on the part of FORMCASE UG always presupposes the fulfillment of the customer’s contractual obligations.
5.5. If a fixed delivery date (day and time) has been agreed, FORMCASE UG is only liable if the date is not met for its own fault. FORMCASE UG is not liable for exceeding the delivery time if this is caused by circumstances for which FORMCASE UG is not responsible. Malfunctions – both in your own business and in the business of a supplier company on which production and transport depend – release you from adhering to the agreed delivery time. Exceeding the delivery time caused by this does not entitle the customer to withdraw from the order or to demand compensation.
6. ORDER EXECUTION
6.1 Design changes that do not affect the utility value of the delivery item can be made without notifying the customer. All information in the offers, order confirmations, etc. about dimensions, weight and content are understood to be within the tolerances customary in the industry, unless they are marked as binding. The conditions of the German standards committee apply to material thickness, quality and weight.
6.2 Partial deliveries and thus partial calculations are permissible.
7. PASSING OF RISK
7.1 The risk passes to the customer as soon as the delivery item has been handed over to the carrier or forwarding agent or has left the works for the purpose of shipment, regardless of whether the handover/shipment takes place from the place of performance and who bears the freight costs or will transport carried out.
This also applies to partial deliveries.

7.2 If the delivery item is ready for dispatch and the dispatch or acceptance is delayed for reasons for which FORMCASE UG is not responsible, the risk is transferred to the customer upon receipt of the notification of readiness for dispatch.
8. DELIVERY (PERFORMANCE) INTERFERENCE
8.1 In the event of force majeure or operational disruptions, regardless of whether they are due to a lack of raw or operating materials, strike or lockout, fire, mobilization and war or other causes that are beyond the control of FORMCASE UG, FORMCASE UG is entitled either to demand a corresponding reasonable extension of the delivery period or to cancel the contract in whole or in part. This also applies if the events mentioned occur at a time when FORMCASE UG is in default or the o.g. Events occur at sub-suppliers. A claim for compensation on the part of the customer does not arise from this, unless the delivery hindrance was caused intentionally or through gross negligence or damage to life, limb or health has occurred.
8.2 If FORMCASE UG is unable to deliver for a reason for which it is responsible, the customer is entitled to demand compensation. However, the customer’s claim for damages is limited to 10% of the value of that part of the delivery that cannot be used appropriately due to the impossibility. This does not apply if liability is mandatory in cases of intent, gross negligence, initial inability or injury to life, limb or health; a change in the burden of proof to the detriment of the customer is not associated with this. The customer’s right to withdraw from the contract remains unaffected.
9. ACCEPTANCE AND DEFAULT IN ACCEPTANCE
9.1 Deliveries are to be accepted by the customer even if the defects are insignificant.
10. PURCHASER’S DEFAULT
If the customer does not accept goods that have been delivered properly and on time, he remains obliged to pay the purchase price by the agreed due date. At the same time, he is obliged to pay for the damage caused by delay, such as double delivery and interim storage. In this case, the customer bears the risk of storage.

If the customer’s acceptance is delayed by more than four weeks and FORMCASE UG is not responsible for this delay, FORMCASE UG is entitled to choose to store the goods at the customer’s expense, to claim damages for non-performance or to withdraw from the contract in accordance with § 32 BGB. FORMCASE UG is also entitled to these rights if the customer’s financial situation is unfavorable during the contract period or due invoice amounts are not paid as agreed. They extend to all z. Contracts existing at the time the customer defaulted.
11. WARRANTY AND DAMAGES
The following regulations apply to the warranty, which also includes the lack of expressly guaranteed properties, and other liability of FORMCASE UG:
11.1 FORMCASE UG guarantees the flawless manufacture of the delivered goods in accordance with the agreed technical delivery specifications.
If delivery is to be based on drawings, specifications, samples etc. provided by the purchaser, the latter assumes the risk of suitability for the intended purpose. The time of the transfer of risk according to Regulation 7 or 11 is decisive for the contractual condition of the delivery item.
11.2 There is just as little warranty for defects caused by unsuitable or improper storage or use, incorrect assembly or commissioning by the customer or third parties, normal or natural wear and tear, incorrect or negligent handling as for the consequences of improper or without the consent of FORMCASE UG changes or repairs made by the customer or third parties. Technologically justified deviations in the dimensions and shape as well as non-remediable, e.g. B. Color or structure deviations in the property of the material do not justify complaints. Furthermore, the limitations of liability do not apply to injuries to life, limb or health.
Warranty claims for defects do not exist in the case of only insignificant deviations from the usual or written agreed quality and in the case of only insignificant impairment of usability.
11.3 The warranty period is based on the law.
11.4 Obvious defects must be reported in writing immediately after receipt of the goods, hidden defects immediately – but no later than within six months after the transfer of risk in accordance with regulation 7 or 11 – after discovery of the defect. All notices of defects are to be sent to the headquarters of FORMCASE UG, not to its branches. FORMCASE UG must be given the opportunity to determine the defect that is the subject of the complaint. Goods that are the subject of a complaint are to be returned to FORMCASE UG upon request; the transport costs will be borne if the notice of defects is justified. If the customer does not meet these obligations or makes changes etc. to the goods already complained about without the consent of FORMCASE UG, he loses any warranty claims.

Status: March 2016
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General Terms and Conditions of FORMCASE UG
11.5 In the case of justified and timely notification of defects, FORMCASE UG’s warranty is based on its own choice of repair or replacement. If FORMCASE UG does not meet these warranty obligations or does not meet them within a reasonable period of time, the customer can set a final deadline in writing within which FORMCASE UG must meet its obligations. After the unsuccessful expiry of this period, the customer can demand a price reduction, withdraw from the contract or have the necessary repairs carried out himself or by a third party at the expense of FORMCASE UG. If the repair was successfully carried out by the customer or a third party, all claims of the customer are settled with reimbursement of the necessary costs incurred. Further claims by the customer, in particular a claim for compensation for damage that has not occurred to the delivery item itself, are excluded. This disclaimer of liability does not apply in the case of intent, gross negligence on the part of the legal representatives or executives or culpable violation of essential contractual obligations. In the event of a culpable violation of essential contractual obligations, FORMCASE UG is only liable for the contractually typical, reasonably foreseeable damage, except in cases of intent or gross negligence on the part of the legal representatives or executives. Furthermore, the exclusion of liability does not apply in cases in which there is liability under the Product Liability Act for defects in the delivery item for personal injury or property damage to privately used items. It also does not apply in the absence of properties that are expressly guaranteed, if and to the extent that the guarantee was intended to protect the customer against damage that did not occur on the delivery item itself.
11.6 Unless otherwise stated below, other and further claims of the customer are excluded. This applies in particular to claims for damages resulting from delay, impossibility of performance, culpable breach of secondary contractual obligations, culpa in contrahendo and tort. FORMCASE UG is therefore not liable for damage that has not occurred to the delivered goods themselves; Above all, FORMCASE UG is not liable for lost profits or other financial losses of the customer. The above limitations of liability do not apply in the event of intent or gross negligence on the part of the legal representatives or senior employees of FORMCASE UG or in the event of culpable violation of essential contractual obligations. In the event of a culpable breach of essential contractual obligations, FORMCASE UG is only liable for the contractually typical, reasonably foreseeable damage, except in cases of intent or gross negligence on the part of the legal representatives or executives. Furthermore, the limitation of liability does not apply in cases in which, according to the Product Liability Act, there is liability for defects in the delivery item for personal injury or property damage to privately used items. It also does not apply in the absence of guaranteed properties if and to the extent that the guarantee was intended to protect the customer against damage that did not occur on the delivery item itself.
12. RESERVATION OF TITLE
12.1 The delivery items remain the property of FORMCASE UG until all claims (including any costs and interest) from the business relationship with the customer have been paid in full. This also applies to the inclusion of individual claims in a current invoice and to claims that are subsequently acquired against the customer in connection with the delivery items due to repairs or spare parts deliveries, as long as the retention of title has not yet expired due to a settlement of the claims from the contract. Despite the retention of title, the customer bears the risk of loss or deterioration of the goods.
12.2 The right of ownership also extends to new goods resulting from processing, mixing or blending; FORMCASE UG acquires co-ownership in proportion to the value. The customer is obliged to carefully store and secure the reserved goods.
12.3 The customer is entitled to resell the items delivered under retention of title in the ordinary course of business; a pledging or assignment as security in whole or in part is not permitted as long as the retention of title exists. If the customer sells the goods delivered under retention of title to a third party, the claim against the third party in the amount of the final invoice amount from FORMCASE UG is already assigned to them. FORMCASE UG hereby accepts the assignment. At the request of FORMCASE UG, the customer is obliged (to which FORMCASE UG is also entitled) to inform the third party of this assignment and to provide all information that FORMCASE UG needs to assert its rights.
12.4 The customer must inform FORMCASE UG immediately by registered letter of any enforcement measures by third parties in the goods subject to retention of title, in the claims assigned to FORMCASE UG or other securities, handing over the documents required for an intervention. The customer bears all costs that have to be incurred to remove access or to recover the items, unless they are to be borne by third parties. In the event of omission or late notification on the part of the customer, he is obliged to compensate us for the damage incurred.
12.5 The assertion of the retention of title and the removal or seizure of the delivery item by FORMCASE UG shall not be deemed a withdrawal from the contract unless FORMCASE UG has expressly declared this in writing.
12.6 FORMCASE UG will release the securities to which it is entitled under the above provisions at the request of the customer to the extent that the value of the goods delivered under retention of title exceeds the claims to be secured by more than 20 percent.
13. PLACE OF PERFORMANCE AND JURISDICTION
13.1 The place of fulfillment is the place of delivery. The place of performance for the customer’s obligation to pay is the headquarters of FORMCASE UG.
13.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, or if he has his residence or registered office abroad, the exclusive place of jurisdiction is the court responsible for the registered office of FORMCASE UG.
14. CHOICE OF LAW
German law applies exclusively to this contract; UN sales law (CISG) is excluded.
15. CHANGES
Any change in the customer’s address or the delivery address must be reported to us immediately in writing, since otherwise any investigations that may be necessary will be carried out at the customer’s expense.
16. PRIVACY
The customer acknowledges that due to this contract for the purpose of automatic processing (invoicing, bookkeeping) his personal data will be stored in compliance with the data protection law.