Condizioni generali di vendita e consegna

Language Notice

These General Terms and Conditions are provided in English as a courtesy translation for informational purposes only. In the event of any discrepancy, inconsistency, or ambiguity between the English version and the German version of these General Terms and Conditions, the German version shall prevail and be deemed the binding and authoritative text. The German version is available under www.b-plast2000.de/verkaufs-und-lieferbedingungen.html.

1. Scope of Application, Form

These terms and conditions apply exclusively to business customers as defined in Section 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law for all sales and delivery transactions of the Seller. Deviations, particularly the Buyer’s terms and conditions and ancillary agreements, shall only apply if the Seller has acknowledged them in writing. Conflicting or deviating terms and conditions of the buyer shall not be recognized, even if we do not expressly object to them.

Unless otherwise agreed, these General Terms and Conditions shall apply in the version valid at the time of the buyer’s order or, in any case, in the version most recently communicated to the seller in writing shall apply as a framework agreement for similar future contracts as well, without the Seller having to refer to them again in each individual case.

Individual agreements take precedence over these terms and conditions.
Legally relevant declarations and notifications regarding the contract (e.g., setting of deadlines, notice of defects, reminder, withdrawal) must be made in writing (e.g., letter, email, or fax). 

2. Conclusion of Contract, Delivery 

Offers are non-binding unless they are expressly designated as binding. 

The contract is not concluded until the Seller’s written order confirmation or delivery of the goods.

Delivery dates are only to be regarded as an approximate indication of the expected delivery time unless they are expressly designated as a "delivery deadline." The delivery period begins only upon full order confirmation and clarification of all technical and commercial issues.
Partial deliveries are permitted provided they are reasonable for the buyer.

 

3. Force Majeure 

Force majeure and other circumstances beyond the Seller’s control entitle the Seller, at its discretion, to postpone delivery until the disruptions have ceased or to withdraw from the contract with respect to the unfulfilled portion of the contract. The buyer shall not be entitled to any claims for damages arising therefrom. Cases of force majeure include, in particular, strikes, lockouts, governmental measures, traffic disruptions, operational disruptions, pandemics, epidemics, energy or raw material shortages, supply chain disruptions, government sanctions, as well as cyberattacks and raw material shortages.

4. Prices 

Unless otherwise agreed, prices are EXW Aurich (INCOTERMS®).

The goods are shipped at the buyer’s risk and expense.

5. Notice of Defects

The delivered goods must be inspected for defects on the day of delivery. Obvious defects must be reported in writing immediately, at the latest within 8 business days of delivery.
Hidden defects must be reported in writing immediately upon discovery.
Section 377 of the German Commercial Code (HGB) remains unaffected. Upon expiration of the deadline, the goods shall be deemed accepted. 

6. Payment 

The purchase price is due net cash upon issuance of the invoice, unless otherwise agreed. If the buyer has been granted a payment term, the seller is entitled to revoke it at any time if the buyer 

• falls in default on any obligations arising from the business relationship with the seller or 
• it becomes apparent after the conclusion of the contract that the seller’s claim for payment is at risk due to the buyer’s inability to pay (Section 321 of the German Civil Code (BGB)). 

In such cases, the seller is entitled, without prejudice to any other legal claims, 

• to declare all claims arising from the business relationship immediately due and payable,
• demand payment in advance, or
• suspend further deliveries.

In the event of late payment, default interest at a rate of 9 percentage points above the base rate (§ 288 (2) BGB) shall be charged.
We reserve the right to claim the default penalty pursuant to § 288 (5) BGB. 

 

7. Set-off, Right of Retention

The buyer is only entitled to set off or assert a right of retention based on counterclaims if the seller has either expressly acknowledged the counterclaims or if they have been legally established in favor of the buyer. The same applies to rights of retention that are not based on the same contractual relationship.

 

8. Liability

The seller shall be liable without limitation in cases of intent and gross negligence, as well as in cases of injury to life, limb, or health.
In cases of simple negligence, the seller is liable only for breaches of material contractual obligations (cardinal obligations), but limited to foreseeable damage typical for the contract.
Liability under the Product Liability Act remains unaffected.

 

9. Retention of Title

The seller retains title to the delivered goods until all payments arising from the business relationship have been received in full.

If the buyer defaults on payment, the seller is entitled to take back the goods. The taking back of the goods also constitutes a withdrawal from the contract; the seller reserves the right to assert further claims for damages.

The buyer is obligated to notify the seller immediately in writing if third parties seize the goods subject to retention of title (e.g., attachment).

Any processing or transformation of the purchased item by the buyer is always carried out on behalf of the seller.

If the purchased item is processed or mixed with other items not belonging to the seller, the seller acquires co-ownership of the new item in proportion to the value of the purchased item relative to the other items.

The buyer is entitled to resell the goods in the ordinary course of business (extended retention of title). The buyer hereby assigns to the seller, by way of security, the claims arising from the resale.

The seller revocably authorizes the buyer to collect the assigned claims in the buyer’s own name.

The buyer is not entitled to pledge the goods subject to retention of title or to assign them as security.

 

10. INCOTERMS, Data Protection

If trade terms are agreed upon, the INCOTERMS® in the version applicable at the time of contract conclusion shall apply. The processing of personal data is carried out in accordance with our Privacy Policy. The Buyer undertakes to comply with the applicable export control regulations.

 

11. Place of Performance, Place of Jurisdiction 

The place of performance for delivery and payment is Aurich. If the buyer is a merchant within the meaning of the German Commercial Code (HGB), the exclusive place of jurisdiction is the seller’s registered office, currently Aurich, Germany.
German law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

As of: April 2026