General Terms and Conditions of Sale

Cortec GmbH and Cortec Kunststoff Technik GmbH & Co. KG (Effective 2025)

1. Scope

These General Terms and Conditions of Sale apply to all deliveries and services provided by Cortec GmbH and Cortec Kunststoff Technik GmbH & Co. KG (hereinafter collectively referred to as “Cortec”) to business customers, legal entities under public law, or public special funds. Any conflicting or deviating terms of the customer shall not apply unless expressly confirmed by Cortec in writing. These terms also apply to all future business relationships.

2. Conclusion of Contract

All offers made by Cortec are non-binding and subject to change. A contract is concluded only upon written confirmation or delivery of goods. Orders may be placed in writing, electronically, or verbally.

3. Prices and Payment Terms

All prices are quoted in euros ex works (EXW Wald-Michelbach / Grasellenbach, Incoterms 2020) plus the applicable statutory VAT. Freight costs may be included upon customer request. Invoices are payable within 14 days with a 2% discount or within 30 days net.

Payments must be made via bank transfer only. We do not accept checks or promissory notes. In the event of default, we charge interest at 9 percentage points above the base rate in accordance with §§ 288, 247 of the German Civil Code (BGB). Further deliveries may be subject to prepayment.

Invoices are issued digitally by default; printed versions are only sent upon explicit request.

4. Delivery and Transfer of Risk

Deliveries are made from our warehouse or production site. Unless otherwise agreed, customer bears the transport risk.

If the customer or a third party commissioned by them collects the goods, risk passes to the customer upon handover.

Partial deliveries are permissible if reasonable. Events of force majeure or other unforeseen circumstances (e.g. raw material shortages, operational disruptions, transport delays) entitle us to delay or cancel the delivery wholly or in part.

5. Call-off Orders

If the customer is entitled to call off goods within a specified period, scheduling shall be coordinated jointly. If the customer fails to call off goods in time, Cortec may schedule delivery at its own discretion or withdraw from the contract after setting a grace period.

6. Defects and Complaints

The customer must inspect the goods immediately upon receipt and report any visible defects in writing within 8 days. Hidden defects must be reported promptly upon discovery. § 377 of the German Commercial Code (HGB) applies. Claims must include a description and photographic evidence.

In the event of justified complaints, Cortec will either replace the goods or issue a credit. Further claims, especially for damages, are subject to Clause 7.

Returns require our prior written consent. Return shipping costs are usually covered by Cortec; for minor customers or disputed cases, we reserve the right to decline reimbursement.

7. Liability

Cortec shall be liable without limitation for intent and gross negligence as well as for injury to life, body, or health. In cases of slight negligence, liability is limited to breaches of material contractual obligations and to foreseeable damages typical for the contract. Further liability, particularly for loss of profit or indirect damages, is excluded.

8. Retention of Title

All goods remain the property of Cortec until full payment of all claims arising from the business relationship. Processing or transformation is always carried out on behalf of Cortec. The customer may resell the goods in the ordinary course of business; claims arising from such resale are hereby assigned to Cortec up to the value of the goods delivered.

9. Sustainability

Cortec is committed to continuously improving its processes with regard to sustainability, particularly resource conservation, CO2 reduction, and recycling. We actively participate in the ETA+ network and cooperate with academic institutions to develop sustainable materials. Customers are encouraged to minimize packaging in case of returns.

10. Place of Performance and Jurisdiction

Place of performance for all obligations is Wald-Michelbach / Grasellenbach. Jurisdiction, to the extent permitted by law, is Darmstadt, Germany. German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

11. Severability Clause

Should any provision of these terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one that comes closest to the intended purpose.

 

Last updated: June 16, 2025