Terms and Conditions
Legal notice: The English translation of the Terms and Conditions is provided for information purposes only. Only the German original forms the basis for any legal claims.
I. Scope of Application
The following terms and conditions (hereafter referred to as terms) apply exclusively to all shipments and services performed by the Polymer Service GmbH Merseburg (hereafter referred to as PSM). By placing an order with PSM, its terms are considered accepted, unless the customer clearly objects to them during the order. Modifications in the terms subsequently become part of running contracts if the customer does not object to the modifications within a time period of one month, despite special notice regarding their right of objection. Customer terms are not legally binding.
II. General Terms
1. Scope and Execution of Services
The services of PSM result from the order confirmation. Written form applies for all agreements, addenda, modifications or collateral agreements.
Due dates and deadlines for shipments and services are only binding via written confirmation from PSM. Due date and deadline agreements are valid on the condition that suppliers and partners of PSM fulfil their obligations. Events of force majeure, general supply difficulties, road transport interruptions, breakdowns or other malfunctions not caused by PSM at the facilities of PSM or its suppliers and partners, as well as their consequences, exempt PSM from its service obligations for the duration of the disturbance and its effects. Such events moreover entitle PSM not to perform contractual services under exclusion of any indemnity. In the case of the unavailability of a service, PSM will immediately inform the customer of this circumstance and will immediately refund any amounts already paid.
Objections to the content of a review, report, order confirmation or invoice are to be made and specified immediately in written form, at the latest within four weeks upon receipt. If no objections are made within this time span, reviews, reports and invoices are deemed confirmed.
In a mutual commercial transaction, the inspection and complaint obligations of § 377 HGB apply for the customer also regarding the work and services performed by PSM.
2. Terms of Payment
Invoices are due upon receipt by the invoice recipient and are to be paid without deductions within a period of 14 days.
In case of late payment, legal regulations apply (§ 247 Abs. 1 BGB).
3. Liability, Limitation
PSM bears liability for all damages only under the condition of intent and/or gross negligence. This also applies to damages that result from repair work. Damage claims come into the statute of limitations after six months. The warranty rights of the client under current legislative rules are not affected by this.
The period of limitation for claims conforms to legislative regulations.
III. Sales and Shipping Conditions
1. Costs, Incidental Costs
The sales prices will be agreed upon on a per project basis and are understood as free of the freight costs to the customer’s collection point within the Federal Republic of Germany.
Costs related to packaging, transport and administration efforts can be added separately to the invoice.
All prices are exclusive of value added tax
2. Shipping, Passing of Risk
Shipping occurs without insurance at the customer’s risk. The shipping method will be selected by PSM.
The customer is to hold the facilities or storage room ready and to ensure at all times that access to the delivered goods by unauthorised third parties is impossible. The responsibility to protect the goods from unauthorised third parties, which have been placed into the collection point described by the customer, lies with the customer. The risks related to subsequent transportation after the delivery point always lie with the customer, also concerning freight-free delivery.
3. Supplementary Performance
The warranty rights of a commercial customer persist solely on the basis that they fulfil their obligation of examination and notification owed in accordance with §§ 377 und 378 HGB.
The customer grants PSM the time and occasion required for the supplementary performance in accordance with reasonable discretion. If the customer refuses this, PSM is made exempt from the supplementary performance. The customer’s rights regarding § 437 are dropped, provided that a material defect is based on the customer or a third party having changed, improperly used or repaired without approval by PSM, or if products have not been installed, used or looked after according to PSM guidelines.
4. Reservation of Proprietary Rights
PSM reserves the proprietary rights of all delivered products up to the completed payment of the purchase price and up to the completion of all, as well as future claims (reserved goods).
Every processing of the reserved goods is conducted for PSM. In the case of an assembly into other goods carried out by the customer, PSM becomes a co-proprietor of the newly created goods in relation between the value of the reserved goods to the other goods used. The products created in this way are likewise considered reserved goods owned by PSM. The customer is, provided that they comply with their payment obligations toward PSM, only permitted to resell the reserved goods under retention of ownership.
Other decrees, particularly pledges or transfers of security of the reserved goods, are inadmissible. In the case of third party access to the reserved goods, it is the responsibility of the customer to refer to the ownership of PSM and to inform PSM immediately regarding the matter. For security purposes, the customer already transfers all the claims with ancillary rights in the amount of the value of the reserved goods over to PSM, which are owed to them from the resale of the reserved goods as well as the business partnerships with their buyers as related to the resale of the reserved goods.
The customer is authorised and holds the responsibility to collect the assigned claim and to immediately pay it to PSM.
In the case of a delayed payment, PSM is at all times entitled to withdraw the debit authorisation and to disclose the assignment to the customer’s buyers, as well as to revoke the reserved goods or where necessary to request the customer to surrender claims against third parties. The customer is obliged to provide PSM with the information necessary for the collection of the claims, as well as the documents pertaining to it. In the case of a withdrawal or seizure of the reserved goods by PSM, this does not constitute a termination of the contract.
IV. Work and Service Conditions
The price will be agreed upon with PSM for each order or on a per project basis. Offer quotations are based on the estimate of the required scope of services and are thus non-binding. Price increases due to personnel or material expenditures continue to be reserved. Fixed price arrangements are excluded from this.
2. Supplementary Performance
PSM renders its services in accordance with the generally accepted state of the art and with industry-typical diligence. PSM bears liability for any material defects – where technically possible - via a free revision, and for technical products through damage repair or reproduction depending on buyer preference.
The customer is only entitled to a reduction or to a rescission from the contract if the improvement work fails or is not possible for other reasons. The entitlement to supplementary performance must be validated by the customer immediately in written form.
The customer grants PSM the time and occasion required for the supplementary performance with reasonable discretion. If the customer refuses this, PSM is made exempt from the supplementary performance.
3. Protection of Work Results
PSM maintains the copyright to the rendered services, provided that they are suitable for it.
The customer may only use the test reports along with all tables, calculations and other details part of the order for purposes in accordance with the agreement.
PSM is obliged to provide to the customer with all the results which come into being as part of the order. Received or obtained information, which is not yet publicly known or accessible, will be treated confidentially.
5. Delivery and Storage of Samples
The customer bears the costs and risks related to the delivery of samples, provided that a collection has not been agreed. In the case of shipping facilitated by the customer, the test material must be packaged both appropriately and in a manner instructed by PSM. If nothing else is agreed between the contractor and PSM, a sample delivery counts as an order placement.
The customer bears liability for all damages that arise due to the hazardous nature of the sample materials. The customer is obliged to disclose all danger and handling notices known to them.
If nothing else is agreed upon in the order, then samples will not be stored after inspection. Official crosschecks will be stored appropriately until the expiry of the official sealing, but at the most six months after the test reports have been sent out. All other samples will be disposed of upon completion of the inspections. A return delivery of samples can be organised upon customer demand and payment.
Customers are obliged to inspect the samples delivered to PSM for the existence of the substances listed in the relevant REACH SVHC candidate list, as well as to immediately inform PSM without request if a SVHC substance from the candidate list is contained in the samples at an amount of more than 0.1 M.-%.
V. Conditions for Scientific Events, Exhibitions of Instruments
1. Registration and Participation
The registrations for all events are to be directed at PSM as early as possible and in written form, at the latest 5 working days before the start of the event. The written registration holds as a binding statement of participation. If the number of participants is limited, the registrations will be considered in order of receipt. The right to participate in an event with a limited number of participants does not hold.
The commitment to hold the event, as well as personal participation according to registration, will be confirmed by the organiser in written form.
The withdrawal from a binding participation must be handled in written form and is free of charge, provided that it is received by PSM up to two weeks before the start of the event. In the case of a withdrawal that reaches PSM after this, 50% of the participation fee will be claimed as cancellation fee. Cancellations which arrive later than one week before the start of the event, failing to appear at the event without further notice or early conclusion of the event authorise PSM to charge the full participation fee.
All events are executed according to the programme schedule made publicly available and in consideration of valid legal requirements and the generally accepted state of the art of technology. The event organiser reserves the right to make modifications to the programme schedule.
VI. Final Clauses
1. Data Processing
PSM is authorised, under adherence to data protection laws, to store and process personal or economic data about the customer, whether originating from them or third parties.
2. General Terms
Transfers of rights and responsibilities of the client out of the contract require the consent of PSM. The customer can only set off or validate a lien against demands by PSM if the customer’s counter claim is uncontested or legally binding. Provided that the parties do not explicitly agree upon something else, the head office of PSM remains the place of fulfilment for both contractual parties. The exclusive court of jurisdiction for both parties is Merseburg if the customer is a general merchant, a legal entity under public law or a special fund under public law.The legal relationship between PSM and the customer is subject to the valid law of the Federal Republic of Germany. Should individual provisions of these general terms and conditions become completely or partially invalid, the other provisions remain valid.
Last updated: September 2016
Here you can download the Terms and Conditions as a pdf file.