General Sale and Supply Conditions JADER-PLAST GbR
1-Our General Sale and Supply Conditions shall apply exclusively; The law of the Federal Republic of Germany shall apply, Our place of business shall be the place of performance.
2- The offer concerns granulates, reprocessed material and semi-finished plastic products. For each material /product, the certificate of conformity from the producer / attest of conformity from our partner for the regranulation is part of the contract, except if mentioned in the quote. The certificates are sent as soon as possible to the purchaser before considering a purchasing order. Future problems with certificates can unfortunately not be accepted.
3.Our offers shall always be subject to alteration until an order is accepted. A binding purchase contract shall only come into existence on receipt of a purchasing order on business paper sent to info@jader-plast.de and our written order confirmation within 5 working days.
4- If the quality or the quantity does not correspond to the purchased articles before transport loading, the purchaser may cancel the contract, subject to the statutory requirements.
5- If the goods are delivered out of time, the purchaser may ask for financial compensation : 5% maximum of the amount of the delivered quantity a week.
6- We ask for pictures of the prepared goods / pallets before transportation and also ask for pictures at delivery in case of damage. Such damage must be recorded in writing on the delivery documents in the presence of the carrier/driver and must be signed by the carrier/driver. The recipient of goods shall immediately check incoming goods for any obvious transport damage.
7- The purchaser shall check the goods after receipt of the goods or after the power of disposal has passed to him, if necessary by means of sampling. Apparent defects shall be reported within five working days of delivery, and concealed defects shall be reported within three working days of being discovered. The purchaser must give us the opportunity to check and inspect the defect.
8-If reprocessed material is object of the contract, the possibility to test the material is always part of the offer. If the purchaser does not want to test the reprocessed material and orders it, it will not be possible to claim after reception of the goods.
9-In the case of reprocessed material, small impurities and slight differences and variations in the shade of colour do not constitute a defect and do not justify a complaint. Goods which are the subject of complaint may not be returned without our express agreement. Our partner for the regranulation is liable for proper reprocessing. Where there is a defect in the purchased item, we shall firstly be entitled and obliged to rectify the defect (rectification of defects) before the purchaser can make any further defect claims. However, we shall in any event be exempt from the obligation to supply non-defective goods (replacement goods) by way of subsequent performance.
The limitation period for defect claims shall be 12 months, calculated from the passing of risk, unless we have fraudulently concealed the defect, caused the defect intentionally or by gross negligence or have given a guarantee in respect of the relevant quality of the goods.
10-Terms of payment are mentioned in the offer. The invoice/ purchase price shall be payable only per IBAN bank transfer. Delivery day is considered as invoice day. Invoices are sent by email on delivery day and per letter within 5 working days after receipt of the goods.
11-In the event of delay, we shall be entitled to demand interest for delay at 8% above the respective base interest rate (ECB), unless we have incurred a greater loss.
12- Goods which have been delivered shall remain our property until they have been fully paid.