NSB Polymers
Legal

Terms & Conditions

General Sales Terms (GST) and General Purchasing Terms (GPT).

Section A

General Sales Terms (GST)

As of: June 2022

§ 1 Scope

NSB Polymers GmbH (hereinafter "Seller") concludes contracts for the sale of raw materials exclusively on the basis of these General Sales Terms. These also apply to all future contracts of a similar nature without requiring renewed notice. Deviating, conflicting or supplementary general terms and conditions of the Buyer shall not become part of the contract unless their validity is expressly confirmed in writing.

§ 2 Contract Formation

The Seller's offers are non-binding. Orders placed by the Buyer constitute binding contract proposals. The Seller may accept such proposals within 5 days by written order confirmation or by delivery. Individual agreements take precedence over these terms.

§ 3 Delivery and Transfer of Risk

Delivery is ex warehouse. For shipment purchases, risk transfers to the Buyer upon handover of the goods to the carrier, freight forwarder, or other person designated to carry out the shipment. The Buyer bears the shipping costs and any transport insurance premiums.

§ 4 Prices and Payment

The prices applicable at the time of contract formation apply, plus statutory VAT. Payments are due within 14 days of invoicing and delivery without deduction. The Seller reserves the right to require advance payment. Late payments will incur interest at the statutory rate.

§ 5 Retention of Title

The Seller retains ownership of the delivered goods until full payment of the purchase price. The Buyer is entitled to resell the reserved goods in the ordinary course of business. The Buyer hereby assigns to the Seller all receivables arising from such resale. If the reserved goods are processed or combined with other items, the Seller acquires co-ownership of the new item in proportion to the invoice value of the reserved goods.

§ 6 Warranty for Defects

The Buyer must inspect the delivered goods for defects without delay and report defects in writing without delay (§ 377 HGB). In the event of a justified complaint, the Buyer is entitled to supplementary performance (repair or replacement) at the Seller's discretion. The warranty period is 12 months from the transfer of risk.

§ 7 Limitation of Liability

The Seller's liability is limited to foreseeable, contract-typical damages, except in cases of intentional breach of duty or gross negligence, or in cases involving injury to life, body or health.

§ 8 Jurisdiction and Applicable Law

The place of jurisdiction for all disputes arising from this contract is Dormagen. German law applies exclusively.

Section B

General Purchasing Terms (GPT)

As of: June 2022

§ 1 Scope

NSB Polymers GmbH (hereinafter "Buyer") concludes contracts for the purchase of raw materials exclusively on the basis of these General Purchasing Terms.

§ 2 Contract Formation

The Buyer's orders are binding. The Supplier must confirm orders in writing within 5 days or execute them unconditionally. Late acceptance constitutes a new offer and requires the Buyer's approval.

§ 3 Delivery Obligations

Delivery shall be made free of charge (DDP) to the address specified in the order or to the Buyer's headquarters in Dormagen. The Supplier must enclose complete delivery notes specifying the order number and contents.

§ 4 Prices and Payment

Agreed prices are fixed prices inclusive of statutory VAT. All transport and packaging costs are included in the price. Payments are made within 30 calendar days of complete delivery and receipt of invoice.

§ 5 Warranty Rights

The Supplier warrants that the delivered goods comply with the agreed specifications. The Buyer is entitled to inspect the goods upon receipt. A defect notice is valid if sent within 10 working days of discovery of the defect.

§ 6 Right of Recourse

The Buyer retains unrestricted statutory rights of recourse against the Supplier, regardless of whether the goods have been processed or installed by the Buyer or a third party.

§ 7 Product Liability

The Supplier shall indemnify the Buyer against third-party claims attributable to product defects of the Supplier. The Supplier is obliged to maintain adequate product liability insurance.

§ 8 Warranty Period

The general warranty period is 3 years from the transfer of risk.

§ 9 Jurisdiction and Applicable Law

The place of jurisdiction for all disputes arising from this contract is Dormagen. German law applies exclusively.

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