Terms and Conditions

General Terms and Conditions of Business

Scope of validity:

These conditions are decisive and valid for all legal relationships of a contractual and non-contractual nature between ourselves ( Profilex-Gentes e.K. ) and the contracting partners, even if they do not include explicit reference to this in individual cases. Contrary conditions of the contracting partners do not cancel out the validity of the present conditions, even if we do not explicitly object to these. Provisions that deviate from this must be made in writing.

Contracts:

All orders and their acceptance, as well as incoming orders, including scheduled deliveries and their changes must be made in writing. If orders or scheduled deliveries are not accepted within 3 weeks, we are entitled to revoke them.
Prices apply subject to the proviso that the order data on which they are based remain unchanged. They do not include any VAT; this is to be indicated separately.
As a fundamental principle, all prices are valid ex factory. They do not include packaging, freight, postage, insurance and shipment costs. At the customer's explicit request, we will take back disposable packaging carriage paid.
Subsequent changes made by the contracting partner without our consent shall result in additional costs for the account of the customer that can also include machine downtimes and retooling costs.
Costly engineering work such as drafts, samples and similarly expensive preparatory tasks that are initiated by the contracting partner will be invoiced.

Delivery:

We reserve the right to make routine deviations in composition, product quality and colour of the products.
We also reserve the right to make calculative amendments to previous deliveries and samples. Delivery dates are normally non-binding unless contractual penalties have been agreed.
If the contracting partner is in arrears with its services, it is to be granted a suitable grace period to remedy this.
Operational disruptions at the premises of any contracting partner, in particular strike, lock-out, unrest and war, as well as all other cases of force majeure, do not justify terminating the contractual relationship. Deliveries must be accompanied by at least one delivery note. The invoice can be used and attached as a substitute for a delivery note.

Payment:

Payment must be made usually within a maximum of 30 days after invoice date without deduction. Bills of exchange will not be accepted. Payment using discounts will only be accepted in individual cases and after explicit written agreement.
No payments to field sales employees may be made. The products delivered remain our property until our claims have been paid in full. An assignment of the rights to third parties is not permissible.
Contracting partners are not entitled to offset or retain payments, in particular due to notifications of defects, if these do not relate to receivables recognised in writing or which have been legally determined.
If payments are suspended or made later than agreed, interest of 1.25% per month, however, at least 5% over the respective discount rate of the German Bundesbank, will be charged annually from the day the payments are due, without requiring a reminder.

Notifications of defects:

The contracting partner must notify defects in deliveries or services immediately as soon as they have been detected pursuant to the circumstances of orderly business processes. An appropriate period for subsequent remedy is to be granted.
Subsequent work at the cost of a contracting partner may only be carried out after a detailed cost breakdown and approval by the other party. Defects in individual parts of the products delivered do not justify complaints relating to the entire delivery.

Quality, safety, environment:

Suppliers must note and comply with the state of the art in scientific and technological knowledge as well as the relevant safety and environmental regulations for their deliveries and services. Wherever possible, they should maintain and document an effective quality management system.

Warranty:

We provide a warranty of up to 36 months after delivery for our products, providing that these are installed in the vehicle properly pursuant to our installation instructions.
It is assumed here that products are not stored for longer than 8 months without being used.
Claims against us are excluded if the warranty case occurs due to improper use, negligent storage or non-compliance with our installation instructions.

Use of third-party property:

Special product samples, tools, templates, drawings and other production media as well as confidential data that are made available to a contracting partner or have been paid by it in full, may not be used without or only with the written approval of the respective contracting partner. They are to be carefully stored and made accessible at all times for the contracting partner.
However, proportions of tool costs are usually to be charged with the product price for a limited period of time.

The tool remains the property of the company Profilex-Gentes e.K.

General provisions:

If a contracting partner suspends its payments or if insolvency proceedings are applied for over its assets, the other party is entitled to withdraw from the part of the contract that has not been fulfilled. If a provision of these conditions and the other agreements made are or become invalid, this shall not affect the validity of the remaining contract.
For contractual conditions that are not listed here, the relevant sections of the German Civil Code (BGB) or the German Commercial Code (HGB) apply accordingly. The application of the UN Convention dated 11.04.1980 on the International Sale of Goods is excluded.

Place of fulfilment and jurisdiction:

Solely the law of the Federal Republic of Germany applies. The place of fulfilment and jurisdiction is Gersheim.