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Terms and Conditions of Sale, Delivery, and Payment<\/strong><\/p>\n I. General Provisions\u2014Scope of Application<\/strong><\/p>\n These General Terms and Conditions of Sale apply exclusively to business entities as defined in Section 14 of the German Civil Code (BGB), legal entities under public law, and special funds under public law. They apply to all deliveries, services, and offers provided by EUROTEAM Bauchemie GmbH, as well as to all future business relationships, even if they are not separately agreed upon again. Any conflicting or deviating terms and conditions of the purchaser shall apply only if we have expressly agreed to their validity in writing. This also applies if we deliver or perform without reservation while being aware of deviating terms and conditions. Individual agreements take precedence. <\/p>\n II. Offers and Conclusion of Contracts; Scope of Services<\/strong><\/p>\n 1. Our offers are subject to change and non-binding unless they are expressly designated as binding. The customer\u2019s order is considered a binding offer to enter into a contract. We may accept this offer within two weeks of receipt by issuing a written order confirmation or by delivering the goods. For custom-made products or goods not kept in stock, the acceptance period is four weeks. <\/p>\n 2. The quality of the goods as contractually agreed is set forth in the order confirmation and the product specifications expressly incorporated therein. Information contained in technical data sheets, product information, and promotional materials\u2014unless expressly agreed upon as binding specifications\u2014constitutes typical reference or laboratory values and is subject to standard commercial and technically unavoidable tolerances. A guarantee of quality or shelf life exists only if it has been expressly designated as a guarantee and confirmed in writing. The technical data sheets, safety data sheets, and processing instructions applicable during processing must be observed by the purchaser. The shelf life specified in technical data sheets, product information, or other technical documentation refers to the production date of the respective batch and does not constitute a commitment to a corresponding remaining shelf life at the time of transfer of risk. A specific minimum remaining shelf life is only guaranteed if it has been expressly agreed to in writing. To the extent that a shelf-life guarantee is expressly provided, its scope is governed by the respective guarantee agreement. <\/p>\n 3. Samples and specimens are provided solely to illustrate typical characteristics. We reserve the right to allow for deviations that are customary in the trade or technically unavoidable, provided they do not impair the use specified in the contract. <\/p>\n 4. General information, recommendations, and instructions for use provided by our employees are given to the best of our knowledge based on the information provided by the customer. They do not relieve the customer of the obligation to independently verify the suitability of the goods for their intended purpose and the specific processing conditions. A separate consulting agreement is concluded only if project-specific consulting is expressly commissioned in writing and confirmed by us. Individual contractual agreements remain unaffected by this provision. <\/p>\n III. Prices, Terms of Payment, Late Payments<\/strong><\/p>\n 1. The prices in euros specified in the order confirmation shall apply. Prices are net, plus the statutory value-added tax applicable at the time of performance. Unless otherwise agreed, prices are ex works or ex warehouse, plus packaging, shipping, freight, and, if applicable, transportation insurance costs. For international deliveries, the customer shall bear customs duties, import duties, foreign taxes, bank fees, and other public charges, unless otherwise specified by an expressly agreed Incoterm. <\/p>\n 2. If the agreed delivery period exceeds three months from the date the contract is concluded, we are entitled to adjust the agreed price if, after the contract is concluded, there are changes in the costs of raw materials, energy, freight, wages, or public levies that are relevant to the service. The price adjustment is limited to the actual change in costs that has occurred since the conclusion of the contract. We will notify the customer of the adjustment in writing prior to delivery. If the increase exceeds 5% of the agreed-upon net price, the customer may rescind the contract with respect to the goods not yet delivered within five business days of receiving the notification. <\/p>\n 3. Prices expressly designated as \u201cdaily rates\u201d may apply to auxiliary materials, tools, machinery, and spare parts. Upon conclusion of the contract, the price stated in the order confirmation shall be binding. <\/p>\n 4. Our invoices are payable without deduction within 30 calendar days of receipt of the invoice and performance of the service. We grant a 2% discount for full payment within 14 calendar days, provided there are no outstanding older receivables. If the invoice specifies a calendar-based due date, the customer shall be in default upon its expiration without further notice. In the event of default, statutory default interest shall apply; we reserve the right to claim the statutory flat-rate default charge and any further damages resulting from the default. <\/p>\n 5. For orders with a net merchandise value of less than 500.00 EUR, we charge a small-quantity surcharge in the amount specified in the quote or order confirmation. For pickup orders with a net merchandise value of less than 150.00 EUR, we charge a small-quantity surcharge in the amount specified in the quote or order confirmation. If the order quantity falls below the standard packaging units, we charge a flat-rate surcharge in the amount specified in the quote or order confirmation. For coated products, additional surcharges for small quantities and special colors will be charged in the amounts specified in the quote or order confirmation. <\/p>\n 6. The customer may set off only undisputed counterclaims, those acknowledged by us, or those that have been legally established. This does not apply to counterclaims that are directly reciprocal to our claim. The customer is authorized to exercise a right of retention only to the extent that its counterclaim is based on the same contractual relationship. <\/strong><\/p>\n 7. If, after the conclusion of the contract, we become aware of facts that give rise to reasonable doubt regarding the purchaser\u2019s solvency and that jeopardize our right to receive consideration, we may refuse to make any outstanding deliveries until consideration has been provided or adequate security has been posted. We may set a reasonable deadline for this. Upon the fruitless expiration of the deadline, we are entitled to withdraw from the contract with respect to deliveries that have not yet been made. Any further rights provided by law remain unaffected. <\/p>\n IV. Delivery and Performance Time, Delay in Performance<\/strong><\/p>\n 1. Delivery and performance dates are binding only if they have been expressly designated as binding in the order confirmation. A fixed-date transaction exists only if the relevant date has been expressly confirmed as a fixed date. Delivery periods do not begin until all documents, approvals, and agreed-upon advance payments to be provided by the purchaser have been received in full. In the event of a delay in delivery, the purchaser may rescind the contract in accordance with statutory provisions after a reasonable grace period has expired without result; statutory cases in which a grace period is not required remain unaffected. <\/p>\n 2. Events of force majeure and other events that were unforeseeable at the time the contract was concluded, for which we are not responsible, and that cannot be averted even by reasonable measures, in particular natural disasters, war, acts of terrorism, epidemics, government measures, lawful labor disputes, significant traffic disruptions, or cyberattacks despite appropriate protective measures, shall extend the delivery period by the duration of the hindrance plus a reasonable restart period. Failures to deliver or delays on the part of our suppliers shall only constitute grounds for exemption if we have concluded a corresponding covering transaction in a timely manner and are not responsible for the failure to deliver. We shall inform the purchaser immediately of the start and expected duration of the hindrance. If the hindrance lasts longer than eight weeks and it is unreasonable to expect a contracting party to continue to be bound by the contract, that party may withdraw from the contract with respect to the affected portion of the performance. Claims for damages shall be governed by Section VIII. <\/p>\n 3. In any case of default, our liability for damages shall be governed by Section VIII.<\/p>\n 4. We are entitled to make partial deliveries and provide partial services, provided that the Customer can make independent use of them, the delivery of the remaining ordered goods is guaranteed, and the Customer does not incur any unreasonable additional costs or other significant disadvantages as a result.<\/p>\n 5. We reserve the right to raise the defense of non-performance of the contract, as well as any other statutory rights to refuse performance.<\/p>\n V. Transfer of Risk, Shipping and Packaging Costs<\/strong><\/p>\n 1. Unless expressly agreed otherwise, delivery is made ex our factory or warehouse. In the case of pickup, the risk passes to the purchaser upon handover of the goods; a delay in acceptance by the purchaser is deemed equivalent to handover. If, at the purchaser\u2019s request, the goods are shipped to another location, the risk passes to the purchaser upon handover of the goods to the freight forwarder, carrier, or other transporter. This also applies if we organize the transport or invoice the transport costs separately. Any deviating Incoterms that have been expressly agreed upon remain unaffected. <\/p>\n 2. Returnable containers and packaging must be completely emptied, securely sealed, and returned in a condition suitable for transport to the return location designated by us within 60 days. They may be used exclusively for the goods we have delivered; labels must not be removed. Statutory take-back and recycling obligations apply to used packaging, in particular pursuant to Regulation (EU) 2025\/40 and the Packaging Act Implementation Act. For commercial end users, the return location and shipping costs may be agreed upon separately. Returns of packaging containing hazardous substances or that has not been safely emptied require our prior approval. The current return procedures will be communicated separately to the customer. <\/p>\n VI. Obligations of the Purchaser \/ Retention of Title<\/strong><\/p>\n 1. The delivered goods remain our property until all current and future claims arising from the ongoing business relationship with the customer have been settled in full. In the case of an open account, the retention of title applies to the acknowledged balance. <\/p>\n 2. The purchaser must handle the goods subject to retention of title with due care and, to the extent justified by the nature and value of the goods, insure them at its own expense against loss and damage at replacement value. Any claims arising from the insurance are hereby assigned to us in the amount of the value of the goods subject to retention of title; we accept such assignment. <\/p>\n 3. The purchaser may neither pledge the goods subject to retention of title nor assign them as security. The purchaser is entitled to resell or process the goods in the ordinary course of business as long as the purchaser meets its payment obligations. Agreements with third parties that frustrate or impair our advance assignment are permitted only with our prior consent. <\/p>\n 4. The purchaser hereby assigns to us all present and future claims arising from the resale of the goods subject to retention of title, including all ancillary rights, in the amount of the respective final invoice amount, including sales tax. If the goods subject to retention of title are sold together with other goods, the assignment is limited to the portion corresponding to the ratio of the invoice value of our goods subject to retention of title to the invoice value of the other goods. We accept the assignment. <\/p>\n 5. The purchaser remains authorized, until such authorization is revoked, to collect the claims assigned to us in its own name. We may revoke the authorization to collect if the purchaser defaults on a secured claim or if circumstances arise after the conclusion of the contract that jeopardize our right to payment. Only after such revocation shall the purchaser immediately forward any collected amounts to us. <\/p>\n 6. Upon effective revocation of the collection authorization, the customer must notify us of the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents, and notify the debtors of the assignment. In this case, we are entitled to disclose the assignment ourselves and to collect the claims. <\/p>\n 7. In the event of seizures or other third-party claims against the goods subject to retention of title, the purchaser must notify us immediately in writing and provide all documents necessary to defend against such claims. To the extent that the third party does not reimburse us for the judicial or extrajudicial costs we have incurred, the purchaser shall be liable for these costs, provided that the purchaser is responsible for the claim. <\/p>\n 8. Any processing or transformation of the goods subject to retention of title by the purchaser shall be carried out on our behalf as the manufacturer, without imposing any obligations on us. If the goods subject to retention of title are processed, combined, or inseparably mixed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the invoice value of our goods subject to retention of title to the invoice value of the other items used. The purchaser shall hold the resulting property in safekeeping for us free of charge. The claims arising from the sale of the new item shall be assigned in advance accordingly, in the amount of our co-ownership share. <\/p>\n 9. If the realizable value of the collateral to which we are entitled exceeds the secured claims by more than 10 percent, we will, at the customer\u2019s request, release collateral of our choice in the corresponding amount.<\/p>\n 10. If the purchaser acts in breach of the contract\u2014in particular, in the event of late payment\u2014we may, after a reasonable period for performance has expired without result, withdraw from the contract and demand the return of the goods subject to retention of title. Setting a deadline is not required to the extent provided for by law. The reasonable costs associated with the recovery and sale of the goods shall be borne by the purchaser to the extent that the purchaser is responsible for the breach of duty. <\/p>\n VII. Rights of the Purchaser in the Event of Defects<\/strong><\/p>\n 1. If the purchaser is a merchant, Sections 377 and 381 of the German Commercial Code (HGB) apply to the inspection of the goods and the notification of defects. Other business entities must inspect the goods within a reasonable period after delivery to verify their identity, quantity, and completeness, as well as to check for externally visible defects, and must report any visible defects in writing without delay. Hidden defects must be reported in writing immediately upon their discovery. Prior to processing, the purchaser must, to the extent reasonable, conduct a test run to verify whether the goods are suitable for the intended purpose and the specific processing conditions. If a potential defect becomes apparent during processing, work must be suspended immediately. Unprocessed original containers, lot numbers, conditions of use, and other evidence must be preserved and made available to us for inspection upon request. Statutory rights arising from fraudulently concealed defects remain unaffected. <\/p>\n 2. In the event of a defect, we shall, at our discretion, provide subsequent performance by remedying the defect or delivering goods free of defects. The purchaser must make the goods available to us for inspection and subsequent performance. We may refuse the chosen method of subsequent performance if the statutory requirements are met. Subsequent performance shall generally be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect specifically indicates otherwise. If subsequent performance fails or is unreasonable for the purchaser, the purchaser may reduce the purchase price or rescind the contract in accordance with the statutory requirements. Claims for damages are governed by Section VIII. Mandatory recourse claims within the supply chain remain unaffected. <\/p>\n VIII. Liability<\/strong><\/p>\n 1. We assume unlimited liability in cases of willful misconduct and gross negligence, in cases of culpable injury to life, limb, or health, under the Product Liability Act, in cases of fraudulent misrepresentation, and to the extent of any expressly assumed warranty or procurement risk.<\/p>\n 2. In the event of a breach of a material contractual obligation due to simple negligence, our liability is limited to the damages typical for this type of contract and foreseeable at the time the contract was concluded. Material contractual obligations are obligations whose fulfillment is essential for the proper performance of the contract and on whose fulfillment the customer may reasonably rely. <\/p>\n 3. Furthermore, liability for damages and wasted expenses arising from ordinary negligence is excluded.<\/p>\n 4. To the extent that our liability is limited under paragraph 2, we shall not be liable for lost profits, indirect or consequential damages, nor for contractual penalties or lump-sum claims by third parties against the purchaser, unless we were notified of the specific risk prior to the conclusion of the contract and expressly assumed such risk in writing.<\/p>\n 5. The foregoing liability provisions apply mutatis mutandis to general information and instructions for use provided free of charge. To the extent that incorrect information also constitutes a defect in the delivered goods, the statutory rights regarding defects and Section VII apply in addition. <\/p>\n 6. The foregoing limitations of liability also apply in favor of our corporate bodies, legal representatives, employees, workers, staff members, agents, and vicarious agents.<\/p>\n IX. Statute of Limitations on Claims<\/strong><\/p>\n 1. Subject to the following paragraphs, the purchaser\u2019s claims for defects in newly manufactured goods are barred by the statute of limitations one year after delivery of the goods.<\/p>\n 2. Statutory rights of recourse within a supply chain, in particular under Sections 445a, 445b, and 478 of the German Civil Code (BGB), remain unaffected. This applies in particular where a deviating agreement is prohibited by law without equivalent compensation. <\/p>\n 3. For goods that have been used in a structure in accordance with their normal intended use and have caused defects in that structure, the statutory limitation period applies. The same applies to other cases in which the law provides for a mandatory longer limitation period. <\/p>\n 4. Claims arising from consulting services or information provided without separate compensation that do not constitute a defect in the delivered goods are subject to a one-year statute of limitations, beginning on the statutory commencement date. The exceptions to liability and the statute of limitations set forth in the following paragraph remain unaffected. <\/p>\n 5. The above reductions in the statute of limitations do not apply to claims arising from willful misconduct, gross negligence, fraud, injury to life, limb, or health, claims under the Product Liability Act, claims arising from an expressly assumed warranty or an assumed procurement risk, claims for defects in title, and mandatory recourse claims in the supply chain. In these cases, the statutory limitation periods apply. <\/p>\n X. Redemptions<\/strong><\/p>\n 1. The customer has no right to return goods that are free of defects. Any voluntary return requires our prior written consent and is subject exclusively to the agreed-upon terms. Custom-made items, items not kept in stock, opened items, damaged items, or items with an insufficient shelf life are excluded from voluntary returns. <\/p>\n 2. Unless otherwise agreed in individual cases, if we approve a return, a credit note will be issued in the amount of 80% of the net value of the returned goods. The customer is responsible for arranging the return; the customer shall bear the resulting shipping and other return costs. The credit will be applied to the customer\u2019s account and will not be paid out in cash. <\/p>\n 3. Section V.2 applies to the return, take-back, and recycling of packaging. EUROTEAM will provide the customer with additional, up-to-date information regarding take-back locations and return procedures separately. <\/p>\n XI. Prohibition on Assignment<\/strong><\/p>\n 1. The purchaser may assign or pledge claims against us that are for monetary payment only with our prior written consent. Consent may not be unreasonably withheld. Section 354a of the German Commercial Code (HGB) and other mandatory statutory rights of assignment remain unaffected. <\/p>\n XII. Place of Performance, Jurisdiction, Governing Law, Commercial Clauses<\/strong><\/p>\n 1. The place of performance is the registered office of EUROTEAM Bauchemie GmbH. The exclusive venue for all disputes arising from or in connection with the contractual relationship is, to the extent permitted by law, the registered office of EUROTEAM Bauchemie GmbH, provided that the purchaser is a merchant, a legal entity under public law, or a special fund under public law. We are also entitled to bring an action against the purchaser at the purchaser\u2019s general place of jurisdiction. <\/p>\n 2. All legal relationships between us and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of conflict-of-laws law and public law remain unaffected. <\/p>\n 3. To the extent that a trade clause is expressly agreed upon in the individual contract, the International Chamber of Commerce\u2019s Incoterms\u00ae 2020 shall apply. The applicable clause and the specified location must be stated in the order confirmation. <\/p>\n XIII. Final Provisions<\/strong><\/p>\n 1. Should any provision of these General Terms and Conditions of Sale be invalid in whole or in part, or not form part of the contract, the validity of the remaining provisions shall remain unaffected. The invalid or excluded provision shall be replaced by the applicable statutory provisions. <\/p>\n 2. We process personal data in accordance with applicable data protection regulations. Further information\u2014in particular regarding the data controller, purposes, legal bases, retention periods, and the rights of data subjects\u2014can be found in our separate privacy policy, as amended at the time the data is collected. <\/p>\n 3. Our business address is: EUROTEAM Bauchemie GmbH, An der M\u00fchle 1, 15345 Altlandsberg. Returns\u2014particularly of chemical products, hazardous materials, loaned containers, or packaging\u2014may only be made after prior approval and to the return location expressly designated by us. <\/p>\n XIV. Product Use and Cooperation by the Purchaser<\/strong><\/p>\n 1. The purchaser is responsible for the proper selection, storage, preparation, and application of the product. In particular, the customer must check the substrate, moisture content, temperature, joint dimensions, mixing ratio, processing time, shelf life, and compatibility with other materials, and must comply with the technical data sheets, safety data sheets, approvals, and processing instructions. Liability for the consequences of any deviation from these instructions shall apply only to the extent that we have expressly approved the deviation in writing or are strictly liable. <\/p>\n XV. Fuel Consumption Information and Fuel Consumption Calculator<\/strong><\/p>\n 1. Information regarding consumption, quantities, and requirements, as well as the results of digital consumption calculators, are non-binding calculation aids based on idealized assumptions and the data entered by the user. Actual consumption may vary, particularly due to the substrate, joint or component geometry, application, compaction, losses, and job site conditions. The customer is responsible for verifying the input data and the result and for allowing for appropriate reserves. <\/p>\n XVI. Batches and Technically Unavoidable Deviations<\/strong><\/p>\n 1. Variations in color, consistency, or technical specifications that are customary in the trade or result from raw materials, production, or batch-related factors do not constitute a defect, provided they fall within agreed-upon or recognized tolerances and do not materially impair the use specified in the contract.<\/p>\n XVII. Hazardous Substances and Lawful Use<\/strong><\/p>\n 1. The purchaser warrants that the purchase, transport, storage, processing, transfer, and disposal of the goods will be carried out in accordance with the applicable regulations governing chemicals, hazardous substances, hazardous materials, occupational safety, and environmental protection. The purchaser shall provide us in a timely manner with all evidence and declarations required for a legally permissible transfer. We may refuse delivery as long as the required evidence is missing. <\/p>\n XVIII. Export Controls and Sanctions<\/strong><\/p>\n 1. The purchaser shall comply with all applicable provisions of German, European, and other relevant export control and sanctions laws. The purchaser may not deliver the goods, either directly or indirectly, to prohibited recipients, for prohibited end uses, or to prohibited countries of destination. Upon request, the purchaser shall provide us with information regarding the final recipient, end use, and delivery route. We may suspend performance or withdraw from the affected contract if its performance would violate such regulations or if necessary authorizations are lacking. <\/p>\n XIX. Default in Acceptance and Storage Costs<\/strong><\/p>\n 1. If the purchaser is in default of acceptance or if delivery is delayed for reasons attributable to the purchaser, we may store the goods at the purchaser\u2019s risk and expense and charge for any reasonable expenses incurred as a result. Any further legal claims remain unaffected. <\/p>\n XX. Custom-Made Products and Items Not Kept in Stock<\/strong><\/p>\n 1. Custom-manufactured, dyed, marked, or specially procured goods, as well as other goods not kept in stock, may be canceled or returned after the contract has been concluded only with our express consent. In such cases, the purchaser shall bear the reasonable costs incurred up to the time of our consent that cannot be recovered elsewhere. <\/p>\n XXI. Documentation and Intellectual Property Rights <\/strong><\/p>\n 1. We reserve all rights of ownership, copyright, and other intellectual property rights in quotations, formulation information, calculations, drawings, illustrations, samples, test reports, and other documents. They may not be used for purposes unrelated to the contract or made available to third parties without our prior consent. <\/p>\n XXII. Language of the Contract <\/strong><\/p>\n 1. In the event of discrepancies in the interpretation of foreign-language versions of these General Terms and Conditions of Sale, the German version shall prevail to the extent permitted by law.<\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" General Terms and Conditions (GTC)Terms and Conditions of Sale, Delivery, and Payment I. General Provisions\u2014Scope of Application These General Terms and Conditions of Sale apply exclusively to business entities as defined in Section 14 of the German Civil Code (BGB), legal entities under public law, and special funds under public law. 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