Bedingungen | INCAP

Home » Bedingungen

General terms and conditions

General conditions of sale Incap Europe GmbH, Eintrachthof 5, D-72138 Kirchentellinsfurt
General conditions of sale and delivery of the plastics processing industry (Based on the non-binding conditions recommendation of IK Industrievereinigung Kunststoffverpackungen e.V. from 01.04.2009)

Scope
The following conditions apply to entrepreneurs, legal entities under public law or public law special funds.

I. Application

Orders become binding only with the order confirmation of the supplier. If the customer does not object to the content within 7 days of receiving the order confirmation, the contract shall be in accordance with the conditions specified therein, even if these deviate from the original agreements due to transmission, communication or spelling errors. Changes and additions should be made in text form. All offers are non-binding, as far as they are not referred to as fixed offers. Quantity or size information are, unless expressly designated as binding, non-binding approximations.
These terms and conditions also apply to future business in the case of permanent business relationships, even if they are not expressly referred to, if they were referred to in an order previously confirmed by the supplier.
Terms and conditions of the customer do not apply, even if we do not expressly contradict them, unless they are expressly acknowledged in writing by the supplier. The regulations on distance selling in business dealings with consumers do not apply to the business relationship with entrepreneurs.
Should individual provisions be or become ineffective, the remaining conditions shall remain unaffected.

II. Pricing

In case of doubt, the prices are ex works excluding freight, customs duties, import or export duties and packaging plus VAT at the statutory rate.
If the decisive cost factors, in particular for materials, energy or personnel, change by more than 5% after submission of the offer or confirmation of order until delivery, each party is entitled to demand a price adjustment. This has to be measured according to how the relevant cost factor changes the total price.
The supplier is not bound to previous prices for new orders.

III. Delivery and acceptance obligation, force majeure

Delivery periods begin after receipt of all documents required for the execution of the order, the down payment and the timely provision of materials, insofar as these have been agreed. Upon notification of readiness for shipment, the delivery period is observed if the shipment is delayed or impossible without the fault of the supplier.
If an agreed delivery time is not adhered to as a result of the supplier’s own fault, the customer is in any case obliged to set a reasonable period of grace.
Partial deliveries are permitted, as far as reasonable.
In the case of call orders without an agreement on duration, production lot sizes and acceptance dates, the supplier can demand a binding determination of this no later than three months after the order confirmation. If the customer does not comply with this request within three weeks, the supplier is entitled to set a two-week grace period and to withdraw from the contract after the expiry of the contract and / or to claim damages.
If the customer does not fulfill his acceptance obligations, the supplier, without prejudice to other rights, is not bound by the regulations on self-help sales, but can instead sell the object of sale without prior notice by the customer.
Events of force majeure entitle the supplier to postpone the delivery for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in full or in part because of the unfulfilled part. The force majeure are strike, lockout or unforeseen, unavoidable circumstances, such. B. no fault of business or transport delays or interruptions, no fault of raw materials or energy, equal, which make the supplier timely delivery despite reasonable efforts impossible. This also applies if the aforementioned hindrances occur during a delay or at a subcontractor. The customer may ask the supplier to declare within two weeks whether he wishes to withdraw or deliver within a reasonable grace period. If the supplier does not declare himself, the customer can withdraw from the unfulfilled part of the contract. The supplier will notify the customer immediately if a case of force majeure, as stated in paragraph 1, occurs. He has to minimize the impact on the customer, possibly by issuing the forms for the duration of the disability.

IV. Terms of Payment

All payments are to be made in € (EURO) exclusively to the supplier. Unless otherwise agreed, 50% of the purchase price for deliveries or other services is to be paid without deductions within 3 days from the order confirmation. (At Order) The remaining 50% within 3 days after the supplier has sent the customer a pickup confirmation. (At Delivery)
If the agreed payment date is exceeded, interest in the amount of the statutory interest rate of 8 percentage points above the respective base interest rate acc. § 247 BGB calculated, if the supplier does not prove a higher damage.
Checks or bills of exchange are accepted only with express prior written agreement and only on account of performance. All costs associated with them are borne by the customer.
The customer can only offset or assert a right of retention of payments if his claims are undisputed or legally established.
The sustained failure to comply with terms of payment or circumstances which give rise to serious doubts as to the creditworthiness of the customer shall entitle the supplier to the immediate payment of all claims. In addition, in this case, the supplier is entitled to make advance payments for outstanding deliveries as well as to withdraw from the contract after unsuccessful expiry of a reasonable period of time.

V. Packaging, shipping, EUR1, transfer of risk and default of acceptance

Unless otherwise agreed, the supplier chooses packaging
The risk is transferred to the customer even when shipped free of charge upon leaving the delivery works. If delays are caused by the customer, the risk already passes with the notification of readiness for dispatch.
The EU has signed trade agreements with certain countries to import tax free. For the EUR1 documents the goods have to be shipped out of our German warehouses in Brüggen or in Peissenberg. Incap Europe provides the EUR1 document upon request.
Upon written demand of the customer, the goods are insured at his expense against risks to be specified by him.
In the case of default of acceptance of the customer, the supplier is entitled to store the goods at the expense of the customer. Insofar as the supplier stores the goods himself, he is entitled to storage costs amounting to 0.5% of the invoiced amount of the stored goods per commenced calendar week. The assertion of higher storage costs against proof remains reserved.

VI. Retention of title

The deliveries remain the property of the supplier until the fulfillment of all claims against the customer against the customer, even if the purchase price for specially designated claims has been paid. In the case of current invoices, the reserved ownership of the deliveries (goods subject to retention of title) shall be deemed a security for the supplier’s balance calculation. If, in connection with the payment of the purchase price, a variable liability of the supplier is justified, the retention of title does not expire before the bill of exchange is accepted by the buyer as a drawee.

VII. Liability for defects

Decisive for the quality and execution of the products are the product description or, if the preparation thereof has been agreed, the sample of defects which are presented to the customer for inspection by the supplier upon request. Incidentally, no. XII para. 1 must be observed. The reference to technical standards serves the purpose of the specification and is not to be construed as a guarantee of quality. The usual industry tolerances apply. Without special written agreement, the production takes place with industry-standard materials and according to the agreed, in the absence of agreement according to known manufacturing processes. Slight deviations from the original in color productions or reproductions are not considered defects.
Notification of defects must be submitted in writing without delay. In the case of hidden defects, the complaint must be made immediately after discovery. In both cases, unless otherwise agreed, all warranty claims expire twelve months after the transfer of risk.
In the case of substantiated notice of defects, the supplier is obliged to remedy the defect (repair or replacement at his discretion). If he does not comply with this obligation within a reasonable period of time or if the subsequent performance fails repeatedly, the customer is entitled to reduce the purchase price or to withdraw from the contract. For further claims, in particular claims for reimbursement of expenses or claims for damages due to defects or consequential damages, the limitations of liability acc. No. VIII. Replaced parts are on request to the supplier to return unfree.
Unauthorized reworking and improper handling will result in the loss of all warranty claims. Only in order to prevent disproportionately large damages or delay of the removal of defects by the supplier, the customer is entitled to repair after prior agreement of the supplier and to demand compensation for the reasonable costs.
Wear or tear to the usual extent does not give rise to any warranty claims.
Recourse claims acc. §§ 478, 479 BGB exist only insofar as the right of recourse to the right of recourse by the consumer was justified and only to the legal extent, not for goodwill arrangements not agreed with the supplier, and the observance of the party’s own obligations, in particular compliance with the complaint obligations.

VIII. General limitations of liability

The supplier shall be liable for damages or reimbursement of expenses only insofar as he, his executives or vicarious agents are guilty of intent, gross negligence or injury to life, limb or health.
Incap Europe GmbH, the Patent holder or any manufacturing or distribution of the owners of any companies directly associated with the manufacturing or supply of the dosing caps (related companies) will not for any reason be liable or responsible for any damages, claims or injury that accompany or result from your use of the Incap dispensing closures.
The no-fault liability according to the Product Liability Act as well as the liability for the fulfillment of a guarantee of quality remain unaffected.
Liability for the culpable breach of essential contractual obligations also remains unaffected; however, the liability is limited to the foreseeable, contract-typical damage except in the cases of No. 1. Significant contractual obligations are the fundamental, elementary obligations arising from the contractual relationship that are particularly relevant to the proper performance or performance of the contract or that significantly affect the relationship of trust existing between the parties, in other words, the fulfillment of delivery obligations and important ones Note duties.
A change of the burden of proof to the disadvantage of the customer is not connected with the above regulations.

IX. Food authenticity and recycling materials

If a product is to be used for contact with food, the suitability of the material for the specific food must be checked in advance by the customer on its own responsibility.
Incap Europe GmbH or its related companies or the manufacturer of the Incaps closures or the patent holders of the Incap dosing closures is not responsible for any ingredients that may be put inside the caps or material used in the dosing cap. When using the dosing caps for beverages you agree to abide by the laws of your country in relation to food safety and food preparation requirements. You will also need to be aware of, and follow any other regulations like FDA, that your ingredients may fall under.
Recycling raw materials are carefully selected by the supplier. Regenerated plastics, however, may be subject to greater variations in surface texture, color, purity, odor and physical or chemical properties from batch to batch; this does not entitle the customer to notice of defects to the supplier. However, the supplier will assign any claims against upstream suppliers to the customer upon request; the supplier does not assume any warranty for the existence of these claims.

X. Certifications

Declaration of Origin.
DoO is for customs purposes. The producer (Teamplast) declares that the products are made in the EU. The EU has signed trade agreements with certain countries. Incap Europe provides this DoO upon request.
Declaration of compliance EU/1935/2004/EC.
Is a statement of our producer (Teamplast) that they produce according to these rules mentioned in the EU/1935/2004/EC.
The DoC for our products is based on the DoC from the suppliers such as raw materials and masterbatch. Incap will only provide these document upon request.
Migration Report.
The migration report is a the result of a lab test on the raw material (plastic) we let perform by a lab and is done on the raw material only. Any Migration Reports requested on specific coloured article must be initiated by the customer as the colour is customer specific.
Certificate of Analysis.
This is a document that relates to the actual specification of an specific article and is the result of the measurement performed by the QS department from Teamplast during the production run of the order. There are several CoA’s during a production run. These documents are for internal use only but can be inspected by a customer during an ISO audit. We do not send out CoA’s to customers.
Teamplast, the production partner of Incap Europe GmbH is ISO 22000:2005 certified and does not produce under pharmaceutical guidelines therefore the internal CoA do not comply with pharmaceutical standards.
Certificate of Conformity.
The CoC is a document where Teamplast as producer states that the production run of an article has been within specifications. The CoC is the resumation of the CoA’s.
A CoC is given for each order. If you split up an order in 2 deliveries the CoC is applicable for both deliveries as it refers to the specific production run.
Incap will only provide these document upon request.

XI. Place of Fulfillment and Jurisdiction

Place of performance is the place of delivery.
Place of jurisdiction is at the choice of the supplier his place of business or the seat of the customer.
Exclusively German law applies excluding the UN sales law.

XII. Defense clause

Deviating terms and conditions of the contractual partner of Incap Europe GmbH do not apply.
Incap Europe GmbH may modify these Terms at any time.

As of 11.12.2015