General Terms and Conditions

These general terms and conditions apply to all business relationships between CREAMETAL AG and its “customers”, i.e. natural persons, legal entities or partnerships with legal capacity that enter into a business relationship with us in the exercise of their commercial or independent professional activity, and likewise to deliveries to “consumers”, i.e. natural persons who enter into a business relationship with us outside any commercial or independent activity.

These terms and conditions form the binding basis for all quotations, deliveries and services and for the related contracts concluded between CREAMETAL AG as supplier and the purchasers. Other conditions apply only where they have been expressly agreed between the parties in writing.

By placing an order, the customer makes a binding declaration of their intention to purchase the goods ordered. The contract is concluded when we expressly confirm the order or when the order is fulfilled by delivery of the goods. Acceptance is subject to the availability of the goods or services ordered. If CREAMETAL AG is unable to accept the customer’s order, the customer will be informed in writing or verbally.

In the case of custom-made special tools, the purchaser accepts responsibility for the accuracy of the specifications (drawings, dimensions, etc.) supplied by the customer. To avoid errors and consequential costs, these specifications must always be submitted in writing. Special tools cannot be taken back and are excluded from exchange.

CREAMETAL AG will deliver the goods ordered without delay to the address stated by the customer in the order. CREAMETAL AG is entitled to make partial deliveries.

Delivery is made at the shipping costs shown in each case. All risks and hazards of shipment pass to the customer as soon as the goods are handed over by CREAMETAL AG to the appointed logistics partner.

Unless expressly agreed otherwise, all deliveries are made at the prices stated in the price lists.

Where applicable, all prices are exclusive of value added tax at the statutory rate in force.

The purchaser must check the invoice within a reasonable period. Complaints regarding invoicing will no longer be considered once the payment deadline has expired.

The goods delivered remain the property of CREAMETAL AG until all claims against the customer have been settled in full.

The customer may return the goods within 10 days of the date of dispatch. A handling charge of 5% is, however, payable by the customer.

After 30 days from the date of dispatch, only 90% of the invoice amount will be refunded.

After one year from the date of dispatch, there is no longer any entitlement to a refund.

It is sufficient for the goods to be handed over to the post office or another carrier on the last day of the period.

The cost of the return shipment is borne by the customer. CREAMETAL AG will refuse to accept goods returned carriage forward.

The right of cancellation applies only if the goods are unused and the packaging is undamaged. 7. Custom-made items and articles procured specially for the customer and not held in stock are excluded from any right of return 8. If a return is validly exercised, payments already received will be credited or refunded once the goods have been received.

The customer must notify CREAMETAL AG in writing of any defects without delay. If a defect for which CREAMETAL AG is responsible exists, CREAMETAL AG will remedy it at its own discretion, or at the discretion of the manufacturer, by repair, replacement or delivery of equivalent goods. Any further warranty is excluded; in particular, the customer has no right to rescind the contract or to demand a reduction in price.

If the remedy of the defect or the replacement delivery fails, if CREAMETAL AG is unwilling or unable to provide it, or if it is delayed beyond reasonable periods for reasons for which CREAMETAL AG is responsible, the customer is entitled to rescind the contract or to demand a reduction in the purchase price.

Any liability of CREAMETAL AG for breach of contract, impossibility of performance, late delivery, warranty or any other legal ground is excluded to the extent permitted by law.

Under no circumstances is the customer entitled to compensation for damage that has not occurred to the delivered item itself, in particular loss of production, loss of use, loss of orders, third-party claims, loss of profit and other consequential or indirect damage.

The place of jurisdiction for the purchaser and the supplier is the supplier’s registered office. The supplier is nevertheless entitled to take action against the purchaser at the purchaser’s place of domicile.

The legal relationship is governed exclusively by the supplier’s national commercial law. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.