Imprint.
emano Kunststofftechnik GmbH
Managing Director:
Mr. Alexander Börger &
Mr. Hubert Börger
Am Kellerholz 10
17166 Teterow
Phone: +49 3996 – 15 293 0
Fax: +49 3996 – 15 293 11
E-mail: info@emano.de
Internet: emano.de
VAT ID No.: DE 213 224 026
Register: Rostock Local Court HRB 8589
Our GTC apply exclusively. We do not recognize any conflicting or deviating provisions of our contractual partners unless expressly agreed otherwise in writing.
In addition to these GTCs, the confirmed offer letter from emano, any samples accepted accordingly by the client / customer and the illustrations, drawings, weights and dimensions specified by one of the clients are integral parts of the contract. Unless otherwise agreed, emano produces exclusively on the basis of the drawings confirmed by the client / customer or the tools provided by him and on the basis of his specifications (insert weight, wall thickness, etc.) without taking into account the statics and the intended use of the molded plastic part. If supplied by emano, emano reserves the right of ownership and copyright to cost estimates, drawings and other documents. They may not be made accessible to third parties. Both parties undertake to make plans designated as confidential accessible to third parties only with the written consent of the other party.
The written order confirmation by emano is decisive for the scope of the delivery. Ancillary agreements and amendments also require a written confirmation from emano.
1 Unless otherwise agreed, prices are ex works including loading at the factory, but excluding packaging. Value added tax at the respective statutory rate shall be added to the prices. 2. unless otherwise expressly agreed in writing, payment shall be made in cash and without any deduction free Supplier’s paying agent, namely: 1/3 down payment after receipt of the order confirmation, 1/3 as soon as the Purchaser has been notified that the main parts have been completed, 1/3 as the remaining amount as soon as the Purchaser has been notified that the main parts are ready for dispatch. In the event of late payment, default interest of 8% above the prime rate of the European Central Bank (ECB) will be charged. 3. the client / customer only has a right of set-off if his counterclaims have been legally established or recognized by emano. 4. the client / customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
1. the delivery period begins with the dispatch of the order confirmation, but not before the provision of the documents, approvals, releases to be procured by the customer / purchaser and before receipt of an agreed down payment. 2. the delivery period shall be deemed to have been met if the delivery item has left the factory or readiness for dispatch has been notified by the time it expires. 3. the delivery period is extended appropriately in the event of measures in the context of labor disputes, in particular strikes and lockouts, as well as in the event of unforeseen obstacles that are beyond emano’s control, insofar as such obstacles demonstrably have a significant influence on the completion or delivery of the delivery item. This also applies if the circumstances occur at upstream suppliers. The aforementioned circumstances are also not the responsibility of emano if they arise during an existing delay. emano will inform the client / customer of the beginning and end of such obstacles as soon as possible. 4. if dispatch is delayed at the client’s / customer’s request, he will be charged the costs incurred for storage, starting one month after notification of readiness for dispatch, but at least ½% of the invoice amount for each month if the goods are stored at the supplier’s factory. emano is, however, entitled to dispose of the delivery item in another way after setting a reasonable deadline and its fruitless expiry and to supply the client within a reasonably extended period. Compliance with the delivery deadline presupposes the fulfillment of the client’s contractual obligations.
1. the risk is transferred to the client / customer at the latest when the delivery parts are dispatched, even if partial deliveries are made or the supplier has assumed other services – e.g. the shipping costs or delivery or installation. emano will insure the shipment against theft, breakage, transport, fire and water damage and other insurable risks at the client’s request and expense. 2. if dispatch is delayed due to circumstances for which the client is responsible, the risk is transferred to the client / customer from the day of readiness for dispatch, but emano is obliged to take out the insurance requested by the client / customer at the latter’s request and expense. 3. delivered items, even if they have insignificant defects, are to be accepted by the client / customer without prejudice to the rights under section G. 4. emano is entitled to withdraw from the contract and demand the immediate return of the delivery item if insolvency proceedings are opened against the client’s / customer’s assets, without prejudice to its other rights.
1. emano retains ownership of the delivery item until all claims arising from the current business relationship have been settled in full. 2. emano is entitled to insure the delivery item against theft, breakage, transport, fire and water damage and other insurable risks at the client’s / customer’s expense, unless the client / customer has demonstrably taken out the insurance himself. 3. the customer / orderer may neither pledge the delivery item nor assign it as security. In the event of seizure, confiscation or other dispositions by third parties, he must inform emano immediately. 4. in the event of breach of contract by the client / customer, in particular in the event of default in payment, the supplier is entitled, after issuing a reminder, and the client / customer is obliged to surrender the goods. The assertion of the retention of title and the seizure of the delivery item by emano do not constitute withdrawal from the contract. 5. the client / customer is entitled to resell the delivery item in the ordinary course of business. He hereby assigns to emano all claims in the amount of the invoice amount that accrue to him against a third party through the resale. emano accepts the assignment. After the assignment, the client / customer is authorized to collect the claim. emano reserves the right to collect the claim itself as soon as the entrepreneur does not properly meet his payment obligations and is in default of payment. 6. the handling and processing of the goods by the client / customer always takes place in the name of and on behalf of emano. If processing is carried out with items not belonging to emano, emano acquires co-ownership of the new item in the ratio of the value of the delivered item to the other processed items. The same applies if the delivered item is mixed with other items that do not belong to emano.
1. emano initially provides a warranty for defects in the delivered goods at its discretion by repair or replacement. 2. defects must be reported immediately in writing by the customer / purchaser in accordance with the provisions of § 377 HGB. 3. wear parts such as seals, pipes, shaft protection packings, roller bearings, paint, drive belts and chains are excluded from the warranty. 4. the warranty claim of the customer / purchaser also presupposes that all instructions of the supplier for the use, maintenance and storage of the delivered goods are observed, in particular the lubrication instructions and the general conditions for the operation of the system and its components. 5. the warranty obligation does not cover such deterioration of the delivered goods or damage for which the customer / purchaser is responsible, in particular those which are attributable to defective / faulty planning / design by the customer / purchaser, as well as unsuitable or improper use, faulty assembly or commissioning by the customer / purchaser. The customer / ordering party or third parties are also responsible for natural wear and tear, the use of unsuitable operating materials, unspecified pumped media or gas compositions, replacement materials, defective construction work, unsuitable building ground, chemical, electrochemical or electrical influences or any modifications or repair work carried out on the delivery item by the customer / ordering party or third parties. 6. the client / customer must give emano the necessary time and opportunity to carry out all repairs and replacement deliveries that emano deems necessary at its reasonable discretion – otherwise there is no warranty obligation. Only in urgent cases of danger to operational safety and to prevent disproportionately large damage or if emano is in default with the rectification of the defect does the client / customer have the right to rectify the defect directly himself or have it rectified by a third party and to demand reimbursement of the necessary costs from emano. In this case too, emano must be informed immediately in advance of the intended substitute performance. 7. if the rectification is carried out at emano’s factory, the client / customer bears the necessary expenses for bringing the delivery item there, in particular the transportation and travel costs. If the rectification is carried out on site at the client’s / customer’s premises, the client / customer bears the travel costs for the emano fitters and assistants deployed, in particular the costs for emano employees’ travel to and from the site and their accommodation. The right to choose where the rectification is carried out lies with emano. Subsequent performance will be carried out at the client’s / customer’s premises if it would otherwise only be possible at disproportionate cost. The travel costs for the provision of fitters and assistants by emano will be borne by emano if the installation and commissioning as intended were part of the original scope of delivery. 8. the warranty period for the delivery item, including any spare parts installed, is extended by the duration of the rectification work.
1. emano’s liability for slightly negligent breaches of duty is limited to the foreseeable damage typical of the contract according to the type of goods, excluding further claims. This also applies to slightly negligent breaches of duty by emano’s legal representatives or vicarious agents. emano is not liable for slightly negligent breaches of insignificant contractual obligations. 2. these limitations of liability do not apply if emano can also be accused of intent or gross negligence on the part of its legal representatives or vicarious agents, in the event of culpable injury to life, limb or health, in the event of defects that the supplier has fraudulently concealed or whose absence it has guaranteed, and in the event of defects in the delivery item, insofar as liability for personal injury or property damage is assumed under the Product Liability Act.
1. claims of the client / customer, regardless of the legal basis, in particular warranty claims, expire after one year. 2. this does not apply if emano can be accused of intent or gross negligence on the part of its legal representatives or vicarious agents, in the event of culpable injury to life, limb or health, in the event of defects which the supplier has fraudulently concealed or the absence of which he has guaranteed, and in the event of defects in the delivery item, insofar as liability is assumed under the Product Liability Act for personal injury or property damage to privately used items. 3. the statutory periods shall also apply in the event of defects in a building or in the case of delivery items that have been used for a building in accordance with their normal use and have caused its defectiveness, as well as in the case of a work whose success consists in the provision of planning and monitoring services for a building.
1. emano is entitled to make partial deliveries unless it is unreasonable for the client / customer to accept a partial delivery, taking into account his own legitimate interests. 2. if subsequent performance fails in a warranty case, the client / customer may, at his discretion, demand a reduction in payment (reduction) or rescission of the contract (withdrawal). The customer / orderer shall not be entitled to any claims for damages, nor shall there be any liability for loss of profit or loss of production. However, in the event of only a minor breach of contract, in particular in the case of only minor defects, the customer / purchaser shall not be entitled to withdraw from the contract.
1. the law of the Federal Republic of Germany shall apply exclusively to this contract. 2. the place of performance for all claims and obligations shall be Teterow/Germany. The place of jurisdiction shall be Rostock/Germany, also for actions in the bill of exchange and check process and for actions against third parties who are liable for the obligations of the customer, unless another place of jurisdiction is prescribed by law. 3. should one of the above provisions be or become invalid, this shall not affect the validity of the other provisions. The parties agree to replace the invalid provision with a provision that comes as close as possible to the economic purpose of the invalid provision.
Our General Terms and Conditions apply exclusively. We do not recognize any conflicting or deviating provisions of our contractual partners unless expressly agreed otherwise in writing.
In addition to these General Terms and Conditions, the confirmed offer letter from ROBIN, any samples accepted accordingly by the customer / purchaser and the illustrations, drawings, weights and dimensions specified by one of the customers shall form part of the contract. Unless otherwise agreed, ROBIN shall produce exclusively on the basis of the drawings confirmed by the customer / orderer or the tool provided by the customer / orderer and on the basis of the customer’s specifications (insert weight, wall thickness, etc.) without taking into account the statics and the intended use of the molded plastic part. ROBIN reserves the right of ownership and copyright to cost estimates, drawings and other documents – insofar as these are supplied by ROBIN. They may not be made accessible to third parties. Both parties undertake to make plans designated as confidential available to third parties only with the written consent of the other party.
The written order confirmation by ROBIN shall be decisive for the scope of delivery. Subsidiary agreements and amendments shall also require a written confirmation by ROBIN.
1 Unless otherwise agreed, prices are ex works including loading at the factory, but excluding packaging. Value added tax at the respective statutory rate shall be added to the prices. 2. unless otherwise expressly agreed in writing, payment shall be made in cash and without any deduction free to the supplier’s paying agent, namely: 1/3 down payment after receipt of the order confirmation, 1/3 as soon as the customer has been notified that the main parts have been completed, 1/3 as the remaining amount as soon as the customer has been notified that the main parts are ready for dispatch. In the event of late payment, default interest of 8% above the prime rate of the European Central Bank (ECB) will be charged. (3) The customer / orderer shall only have a right of set-off if his counterclaims have been legally established or recognized by ROBIN. 4. the customer / orderer may only exercise a right of retention if its counterclaim is based on the same contractual relationship.
1. the delivery period begins with the dispatch of the order confirmation, but not before the provision of the documents, approvals, releases to be procured by the customer / purchaser and not before receipt of an agreed down payment. 2. the delivery period shall be deemed to have been met if the delivery item has left the factory or readiness for dispatch has been notified by the time it expires. 3. the delivery period shall be extended appropriately in the event of industrial action, in particular strikes and lockouts, as well as in the event of unforeseen obstacles beyond ROBIN’s control, insofar as such obstacles demonstrably have a considerable influence on the completion or delivery of the delivery item. This shall also apply if the circumstances occur at upstream suppliers. ROBIN shall not be responsible for the aforementioned circumstances even if they arise during an existing delay. ROBIN shall inform the customer / purchaser as soon as possible of the beginning and end of such hindrances. (4) If dispatch is delayed at the customer’s / purchaser’s request, he shall be charged the costs incurred for storage, starting one month after notification of readiness for dispatch, but at least ½% of the invoice amount for each month in the case of storage at the supplier’s works. However, ROBIN shall be entitled to dispose of the delivery item otherwise after setting a reasonable deadline and fruitless expiry thereof and to supply the Customer within a reasonably extended period. Compliance with the delivery period shall be subject to the fulfillment of the customer’s contractual obligations.
(1) The risk shall pass to the customer / purchaser at the latest upon dispatch of the delivery parts, even if partial deliveries are made or the supplier has assumed other services – e.g. the shipping costs or delivery or installation At the customer’s request and expense, ROBIN shall insure the shipment against theft, breakage, transport, fire and water damage and other insurable risks. (2) If dispatch is delayed due to circumstances for which the customer is responsible, the risk shall pass to the customer / purchaser from the date of readiness for dispatch, but ROBIN shall be obliged to take out the insurance requested by the customer / purchaser at the latter’s request and expense. (3) Delivered items shall be accepted by the customer / orderer, even if they have minor defects, without prejudice to the rights under section G:. 4. an application for the opening of insolvency proceedings against the assets of the customer / orderer shall entitle ROBIN, without prejudice to its other rights, to withdraw from the contract and to demand the immediate return of the delivery item.
(1) ROBIN shall retain title to the delivery item until all claims arising from the current business relationship have been settled in full. 2 ROBIN shall be entitled to insure the delivery item against theft, breakage, transport, fire and water damage and other insurable risks at the customer’s / purchaser’s expense, unless the customer / purchaser has demonstrably taken out the insurance himself. 3. the customer / orderer may neither pledge the delivery item nor assign it as security. In the event of seizure, confiscation or other dispositions by third parties, it must notify ROBIN thereof without delay. 4. in the event of breach of contract by the customer / purchaser, in particular in the event of default in payment, the supplier shall be entitled, after issuing a reminder, and the customer / purchaser shall be obliged to surrender the goods. The assertion of the retention of title and the seizure of the delivery item by ROBIN shall not be deemed a withdrawal from the contract. 5. the customer / purchaser shall be entitled to resell the delivery item in the ordinary course of business. It hereby assigns to ROBIN all claims in the amount of the invoice amount which accrue to it against a third party as a result of the resale. ROBIN accepts the assignment. After the assignment, the customer/purchaser shall be authorized to collect the claim. ROBIN reserves the right to collect the claim itself as soon as the entrepreneur does not properly meet his payment obligations and is in default of payment. 6. the handling and processing of the goods by the customer / orderer shall always be carried out in the name of and on behalf of ROBIN. If processing is carried out with items not belonging to ROBIN, ROBIN shall acquire co-ownership of the new item in the ratio of the value of the delivery item to the other processed items. The same shall apply if the delivery item is mixed with other items not belonging to ROBIN.
1. for defects in the delivered goods, ROBIN shall initially provide warranty at its discretion by repair or replacement. 2. defects must be reported immediately in writing by the customer / purchaser in accordance with the provisions of § 377 HGB. 3. wear parts such as seals, pipes, shaft protection packings, roller bearings, paint, drive belts and chains shall be excluded from the warranty. 4. the warranty claim of the customer / purchaser also presupposes that all instructions of the supplier for the use, maintenance and storage of the delivered goods are observed, in particular the lubrication instructions and the general conditions for the operation of the system and its components. 5. the warranty obligation does not cover such deterioration of the delivered goods or damage for which the customer / purchaser is responsible, in particular those which are attributable to defective / faulty planning / design by the customer / purchaser, as well as unsuitable or improper use, faulty assembly or commissioning by the customer / purchaser. Furthermore, the customer / purchaser or third parties shall be liable for natural wear and tear, the use of unsuitable operating materials, unspecified pumping media or gas compositions, replacement materials, defective construction work, unsuitable building ground, chemical, electrochemical or electrical influences or any modifications or repair work carried out on the delivery item by the customer / purchaser or third parties. 6. the customer / purchaser shall give ROBIN the necessary time and opportunity to carry out all repairs and replacement deliveries which ROBIN deems necessary at its reasonable discretion – otherwise the warranty obligation shall lapse. Only in urgent cases of danger to operational safety and to prevent disproportionately large damage or if ROBIN is in default with the rectification of the defect shall the customer / orderer have the right to rectify the defect directly itself or have it rectified by a third party and to demand reimbursement of the necessary costs from ROBIN. In this case too, ROBIN must be informed immediately in advance of the intended substitute performance. 7. if the rectification of defects is carried out at ROBIN’s works, the customer / purchaser shall bear the necessary expenses for bringing the delivery item there, in particular the transportation and travel costs. If the rectification is carried out on the customer’s / purchaser’s premises, the customer / purchaser shall bear the travel costs for the ROBIN fitters and assistants deployed, in particular the costs of travel to and from the site and the accommodation of ROBIN’s employees. ROBIN shall have the right to choose where the rectification is to be carried out. Subsequent performance shall be carried out at the customer’s premises if it would otherwise only be possible at disproportionate cost. The travel costs for the provision of fitters and assistants by ROBIN shall be borne by ROBIN, insofar as the assembly and the intended commissioning were part of the original scope of delivery. 8. the warranty period for the delivery item, including any spare parts installed, shall be extended by the duration of the rectification work.
1. in the event of slightly negligent breaches of duty, Robin’s liability shall be limited to the foreseeable damage typical of the contract according to the type of goods, excluding further claims. This shall also apply to slightly negligent breaches of duty by ROBIN’s legal representatives or vicarious agents. ROBIN shall not be liable for slightly negligent breaches of insignificant contractual obligations. 2. these limitations of liability shall not apply if ROBIN can also be accused of intent or gross negligence on the part of its legal representatives or vicarious agents, in the event of culpable injury to life, body or health, in the event of defects which the supplier has fraudulently concealed or the absence of which it has guaranteed, as well as in the event of defects in the delivery item, insofar as liability for personal injury or property damage is assumed under the Product Liability Act.
1. claims of the customer / purchaser, regardless of the legal grounds, in particular warranty claims, shall become time-barred after one year. 2. this shall not apply if ROBIN can be accused of intent or gross negligence, including on the part of its legal representatives or vicarious agents, in the event of culpable injury to life, limb or health, in the event of defects which the supplier has fraudulently concealed or the absence of which it has guaranteed, and in the event of defects in the delivery item, insofar as liability is assumed under the Product Liability Act for personal injury or property damage to privately used items. 3. the statutory periods shall also apply in the event of defects in a building or in the case of delivery items which have been used for a building in accordance with their normal use and have caused its defectiveness, as well as in the case of a work whose success consists in the provision of planning and monitoring services for a building.
(1) ROBIN shall be entitled to make partial deliveries unless acceptance of a partial delivery is unreasonable for the customer/orderer, taking into account its own legitimate interests. 2. if subsequent performance fails in a warranty case, the customer / orderer may in principle demand a reduction of the remuneration (reduction) or rescission of the contract (withdrawal) at his discretion. The customer / orderer shall not be entitled to any claims for damages, nor shall there be any liability for loss of profit or loss of production. However, in the event of only a minor breach of contract, in particular in the case of only minor defects, the customer / purchaser shall not be entitled to withdraw from the contract.
1. the law of the Federal Republic of Germany shall apply exclusively to this contract. 2. the place of performance for all claims and obligations shall be Teterow/Germany. The place of jurisdiction shall be Rostock/Germany, also for actions in the bill of exchange and check process and for actions against third parties who are liable for the obligations of the customer, unless another place of jurisdiction is prescribed by law. 3. should one of the above provisions be or become invalid, this shall not affect the validity of the other provisions. The parties agree to replace the invalid provision with a provision that comes as close as possible to the economic purpose of the invalid provision
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