Term of Sales
Our quotes shall only be binding if the provisions of the applicable laws regarding materials, wages, taxes etc. remain unchanged.
Furthermore, we are entitled to adapt our prices according to the price fluctuations customary in the sector.
Our quotes shall be valid for a period of no longer than one month from the date of their dispatch.
The quotes prepared by our agents or representatives as well as the prices listed in our catalogues and price lists are to be understood as indicative prices. They shall not be binding unless confirmed by us in writing.
Our prices are ex works for unpacked goods.
The supplier reserves the right to ship excess or short deliveries in the amount of 10%.
Our prices apply to the continuous manufacturing of the quantities stated in the quote.
3. Tool / Mould
The manufacturing of a tool or mould comprises the following:
- Planning and development costs
- Manufacturing costs
The price charged to the customer's account for the tool or mould corresponds exclusively to the manufacturing costs.
Once the invoice has been settled, the tool or mould manufactured by us shall remain the customer's property. We keep the tool/mould in our workshops and, unless otherwise approved by the customer in writing, will not use it for any purpose other than carrying out the orders of the respective customer.
The customer expressly undertakes not to reclaim the tool or mould unless they pay one third of the tool's invoice value to compensate for the costs incurred for its planning and development.
This obligation shall be deemed invalid in the event of any deficiencies properly detected by us.
If a tool or mould was manufactured and the customer fails to order the initially scheduled quantities within a period of six months after submission of the samples, the above-mentioned compensation shall be paid immediately.
As regards wear and tear, we will always keep the tool or mould in good working order. The customer shall pay the costs incurred for any changes or restorations. If three years have passed since the last parts were ordered, we reserve the right to request the customer, by registered letter with acknowledgement of receipt, to remove the respective tool from our workshops. Upon expiry of two months after the registered letter was sent, our obligation to keep the tool in our workshops as well as any other related responsibilities shall cease. If, upon expiry of the above-mentioned period, the customer fails to inform us about their intentions, we may destroy the tool without prior notice or justification.
As for tools provided by our customers, the final parts prices will not be determined until tests have been performed.
If proportionate tool or mould costs are charged to the customer's account, the tool or mould concerned shall remain the property of the supplier. If the tool or mould requires any changes or restorations, the customer shall pay part of these costs.
Our tools are designed for the manufacturing of polyamide (PA) parts, which is why only articles made from this material comply with the respective dimensions/tolerances. The use of other materials may result in cavities (air bubbles) and deviations from the dimensions/tolerances.
If the metal parts or accessories required for the casting process are provided by the customer, the customer undertakes to deliver them free of charge within the period and in the quantity stipulated by the supplier, who will consider a sufficient surplus quantity to cover any production-related losses.
The customer shall be liable for any defects in the castings caused by improperly adjusted, non-compliant or defective accessories. The customer shall not be entitled to cancel the order, reject the goods, reduce the price agreed upon or demand any compensation.
The manufacturing periods for the tool or mould are counted from the date on which the order was received along with all elements required for its execution.
The supplier's consent is given in the form of a confirmation of receipt. It includes the various order conditions and serves as a final order confirmation.
The deadlines applicable to the parts are counted from the date on which the agreement on the samples and provision of the metal components or accessories required for the casting process was concluded.
Unless otherwise agreed upon in the order and expressly approved in writing, we shall not be obliged to pay any penalty in case of a delay. In any case, and especially if any penalties have been laid down, the deadlines agreed upon shall be prolonged if there are any standstills in our workshops caused by strike, fire, flooding, transport difficulties, production accidents, lack of raw materials due to shortages on the part of our suppliers or any other incidents classified as force majeure.
Our packaging is invoiced at the lowest possible costs.
Irrespective of the method of invoicing, the goods are shipped at the risk of the recipient who shall check the goods upon receipt and inform the forwarder in case of damages, loss, break etc. Such notification shall be made in the way stipulated by the forwarder.
Complaints concerning the delivered quantities cannot be considered unless they are submitted within a period of eight days after receipt of the delivery.
As for the quality, we guarantee that our products comply with the plans and specifications determined in the order and accepted by us. Our liability shall be expressly limited to the mere and piecewise replacement of the parts acknowledged as being non-compliant and returned to us free of charge within one month after arrival at the customer's premises.
We shall not bear any other related costs.
If the parts are intended to come into contact with food and provided that this type of use has been detailed in the order and accepted by us, we guarantee that the parts we deliver are made from material consisting exclusively of substances approved for contact with food pursuant to the applicable French legislation on materials that come into contact with foodstuff.
Depending on the purpose of use, it is the customer's responsibility to check the parts' behaviour (permeability, solubility, organoleptic characteristics etc.) towards the food they will come into contact with and to ensure their proper storage.
Provided that we accept the return of goods, such returns cannot be considered unless we receive the goods in proper and unused condition. Furthermore, returns can only be accepted after they have been checked and approved at our premises.
Whenever a tool or mould order is cancelled or suspended, we will prepare a list of the planning and development costs incurred.
The respective amount will be communicated to and borne by the customer.
If a parts order is cancelled or suspended, the parts that are already finished or in production at that time will be delivered and invoiced.
11. Terms of Payment (Moulds / Tools)
Unless otherwise agreed upon in writing, tools (or moulds) shall be paid as follows: 50% when placing the order, and the remaining amount upon receipt of the samples.
Parts: Unless otherwise agreed upon in writing, our invoices shall be settled net and without any discounts within 30 days from the end of the month in which the delivery was made available in the factories or warehouses of Bülte.
The customer shall be fully responsible for any disputes arising in connection with the manufacturing right of the models. This shall apply to disputes with both us and third parties.
If our customers' letters or order forms contain any clauses that deviate from the present terms and conditions, they shall not be applicable unless previously accepted by us in writing.
Legal disputes, no matter the nature or cause, shall be subject to the jurisdiction of the courts at our place of business.
No acceptance, agreement or mandate shall result in the novation or alteration of this jurisdictional clause.
All goods are shipped at the purchaser's risk. The goods are sold EXW Germany or France, where they will be invoiced and placed at the customer's disposal.
No agreements whatsoever shall result in the novation or alteration of the aforementioned jurisdictional clause. The exclusive jurisdiction for any complaints shall lie with the court of Lüdinghausen for Germany and the court of Romans for France.
In order to cover the administration costs for the processing of orders from Germany, France and Europe, the minimum contract value is € 100.00 or equivalent in Pound Sterling £ (ex. VAT) per order. An administration fee of € 35.00 (ex. VAT) will be added to all inferior orders. Depending on the country, the minimum contract value for orders from non-European countries varies from € 250.00 to € 500.00 (ex. VAT).