Conditions of sale and delivery
1. Validity
The following terms of sale and delivery apply to all deliveries to be made by Philippine. Deviating provisions, in particular the customer's purchasing conditions, only become part of the contract if this has been expressly agreed in writing.
2. Terms of delivery
2.1. Our offers are non-binding until they have been confirmed in writing by Philippine. We are bound to our offer prices for up to 1 month. Thereafter, price adjustments for Philippine are possible. The contract is only concluded with our order confirmation or the start of the execution of the order.
2.2. The minimum delivery quantity is a total of 20 cbm and can be made up of different articles. For an order size of less than 20 cbm, a flat-rate surcharge for small quantities of EUR 130.00 is charged. Philippine reserves the right to accept orders with a delivery quantity of less than 20 cbm to accept or carry out.
2.3. Type samples are not binding. They characterize the general character of the goods, but not their individual properties. Deviations from samples or earlier deliveries and qualities as well as tolerances in the dimensions that are technically unavoidable in the manufacture and processing of the raw materials give the customer no right to complain about the goods.
2.4. Agreed delivery dates are non-binding, unless something else is expressly specified in the written order confirmation. The delivery deadline is met if the delivery has left our works by the time it expires or the customer has been notified of readiness for dispatch. We exclude the agreement of “fixed dates”. They are generally considered not to have been agreed. Philippine cannot promise deliveries at fixed times or assume any guarantee for the same.
Deliveries are possible in the following time frames:
"Morning" corresponds until 9 am, "morning" corresponds until 12 noon, "during the day" corresponds until 5 pm.
Due to traffic-related imponderables, a tolerance of +/- 60 minutes must be observed.
For the allocation of desired time windows, we calculate additional costs within the scope of the logistics service as follows: Full truck (≥ 90cbm) with a maximum of 2 unloading points (50 km radius): free of charge
Partial loads between 30 and 89 cbm: € 50.00,
Partial loads under 30cbm: no desired dates possible
The delivery deadlines are extended - without prejudice to our rights from default by the customer - by the period by which the customer is in default with his obligations from this contract to us. This applies accordingly to delivery dates. The delivery deadlines are appropriately extended in the event of industrial action, in particular strikes and lockouts as well as in the event of unforeseen obstacles that are beyond the control of Philippine, insofar as such obstacles can be shown to have a significant influence on the completion or delivery.
Philippine is also not responsible for the aforementioned circumstances if they arise during an already existing delay. In important cases, Philippine will inform the client as soon as possible about the beginning and end of such obstacles.
Even non-culpable operational disruptions of any kind and delivery difficulties, such as failure of raw material deliveries and energy supply, water and fire damage, unforeseeable failure of machines and systems, natural events and force majeure, entitle us to the delivery for the duration of the hindrance and an appropriate one To postpone the start-up period or to withdraw in whole or in part from the contract due to the not yet fulfilled part.
The client can ask us to explain whether we want to withdraw or deliver within a reasonable period. If we do not explain ourselves, the client can withdraw. Philippine is entitled to make partial deliveries.
The client may not reject such. In no case shall the client be entitled to claim damages. If Philippine is responsible for delays in delivery due to slight negligence, the customer is entitled to claim for damages also excluded.
2.5. All deliveries are made with volume trucks by a forwarding agency and / or our own truck. At the customer's request, delivery by special vehicles with transportable forklifts is possible. Please consider 2 - 4 days longer delivery time. Additional costs for unloading with a truck-mounted forklift 150.00 € / truck.
When placing your order, please ensure that there is a road to your place of delivery that is sufficiently developed for volume trucks. As a rule, these trains require the following clearance dimensions: width: 3.20 m, height 4.20 m, length: 19.00 m
If a delivery to the location specified by you is restricted and / or not possible due to local requirements, the additional costs for an alternative delivery must be borne by the buyer. Costs for downtime: The free downtime including unloading is 90 minutes, regardless of the order volume. After 90 minutes we charge € 60.00 per hour or part thereof.
2.6. The delivery takes place in foils (printing Philippine or neutral) on EPS blocks. Other packaging options will be individually calculated and charged on request, if possible.
2.7. A delivery takes place within the standard delivery area (areas west and east) according to the map on the last page of these terms of sale and delivery.
Postcodes outside the specified areas are delivered in full trucks (≥ 90cbm) with the following freight surcharges. 16-18 plus € 2.00 / cbm23-25 plus € 2.50 / cbm70-77 plus € 2.00 / cbm78-84 plus € 2.50 / cbm85-86 plus 2 , 00 € / cbm92-94 plus 2.00 € / cbm In the case of deliveries in partial quantities under 90 cbm, we reserve the right to calculate the freight costs individually or to accept the order. Deliveries to other European countries are generally possible; individual arrangements are required here.
2.8. Philippine charges storage costs, which arise from the customer's postponement of confirmed and already completed orders, at € 1.00 per cubic meter and day from the time of the originally confirmed delivery date.
2.9. The risk is transferred to the customer at the latest when the goods are handed over to the transport company or when they leave our factory or warehouse.
This also applies to partial deliveries or if Philippine bears the transport costs. The conclusion of transport and other insurance is left to the client. If dispatch is delayed due to circumstances for which the customer is responsible, the risk is transferred to the customer on the day of readiness for dispatch.
3. Taking back EPS sections from construction site deliveries
To take back EPS sections, you can buy EPS bags of 2 cbm in size at a price of 2.50 € / piece. These EPS scrap bags are only to be filled with pure, color-sorted and clean EPS scraps. The filled EPS scrap sacks are retrieved as part of a delivery to the construction site or the warehouse-keeping dealer within 150 km of the production sites in Bochum and Schkopau. Philippine charges the return of full EPS bags at a price of € 15.00 per bag with a minimum of 6 bags.
Appointments cannot be met for returns. Soiled residues will not be taken back or disposed of at a charge for disposal costs. The assessment of the cleanliness of the EPS residues is incumbent on Philippine.
4. Property Rights
4.1. If objects are manufactured according to the specifications of the client, the latter guarantees that any industrial property rights of third parties are not violated by the manufacture of such an object. The client is liable to Philippine for all damage resulting from the assertion of industrial property rights.
4.2. All rights to patents, utility models, designs, trademarks, equipment and other property rights as well as copyrights for the subject matter of the contract remain with the rights holders. This also applies in particular to product names, software and naming rights.
4.3. Drawings, tools, software, molds, devices, models, templates, samples and similar items that are supplied, used or made available by or for PHILIPPINE are and remain the property of Philippine.
5. Payment terms
5.1. The goods are invoiced at the binding prices specified in the order confirmation. Unless otherwise agreed, all prices are free destination mainland, not unloaded. Added to this is the VAT applicable at the time of invoicing.
5.2. PHILIPPINE grants a net payment term of 30 days from the date of the invoice, without any discount. If separate terms of payment with a discount have been agreed, the following applies: the freight costs included in the net sales prices as well as any other costs for special packaging and pallets are not discountable and are not discounted by PHILIPPINE.
As far as PHILIPPINE invoices are paid with deduction of a discount, Philippine only confirms the net value of the goods less the discount. Granting a discount presupposes the fulfillment of all due payment obligations of the customer from previous deliveries.
5.3. In the event of late payment, a reasonable amount of interest on arrears, but at least the usual bank interest, is due. In any case, Philippine can charge interest of 5% p. a. above the base rate according to § 247 BGB.
5.4. If the client does not comply with the terms of payment or if his financial circumstances deteriorate significantly after the conclusion of a contract or if he does not meet his obligations to Philippine on time and in accordance with the agreement, even if these arise from other contracts, all our claims are due immediately.
In addition, Philippine is entitled to make outstanding deliveries only against advance payment or provision of security, as well as to withdraw from the contract after a reasonable grace period - even after partial fulfillment - or to demand compensation for non-fulfillment and to refuse our services, without prejudice to the right to take back the goods delivered under retention of title.
5.5. Offsetting against counterclaims by the client is only permitted if these are undisputed or have been legally established.
Payments are only effective if they are made directly to Philippine. Employees or representatives may only accept payments on the basis of special written authorization.
6. Warranty Philippine is liable for defects in delivery as follows, excluding further claims:
6.1. Complaints must be made in writing within one week of receipt of the goods at the destination with evidence (images, samples). After this period has expired, the goods are deemed to be properly approved. The same applies if processing of the goods is started or continued despite the existence of defects. Defects that cannot be discovered within the one-week period, even after careful inspection, must be reported in writing immediately after their discovery, but no later than 3 months after receipt of the goods.
6.2. In the event of a timely and justified notification of defects, we will, at our option, immediately remove the defect or deliver a defect-free new item against return of the defective goods. Philippine bears the costs of supplementary performance. This does not apply to increased expenses caused by the buyer; in particular, Philippine does not have to bear higher transport costs that arise from the fact that the item is brought to a location other than the place of performance. If the subsequent performance fails, the customer can choose to withdraw from the contract or request a reduction in the purchase price. The supplementary performance is deemed to have failed if Philippine has tried to repair twice without success or in the case of delivery of one
new thing this is also flawed. Compensation can only be made in accordance with Section 5.5. are required.
6.3. Deliveries that are complained about may not be further processed or processed - not even in part - without our express consent and must be properly stored to preserve evidence. Any failure pieces that have already been made from defective material must be ensured.
6.4. Our processing recommendations and installation instructions must be checked by the buyer or processor in each case to determine whether they are applicable to the particular circumstances of its intended use. Technical advice, information, processing recommendations and installation instructions are given to the best of our knowledge. Assurances are not connected with this and cannot be derived from it. become. The client is responsible for compliance with legal and official regulations when using our goods.
6.5. There is no entitlement to compensation, unless Philippine acted a) willfully or with gross negligence, b) fraudulently concealed the defect in the purchased item or c) assumed a guarantee for the quality of the item. Philippine is also liable for culpable harm to life, body and health. This also applies to mandatory liability under the Product Liability Act. The liability for damages is limited to foreseeable and typically occurring damage, unless Philippine has deliberately violated its obligations.
6.6. The limitation period for all claims for defects is 12 months. This also applies to all other claims for damages. The period begins with the transfer of risk of the thing. The shortening of the limitation period to 12 months does not apply if a) the delivered item has been used for a building in accordance with its customary use and has caused its defectiveness, b) claims for damages exist due to injury to life, body or health or c) Philippine has intentionally violated an obligation. In these cases the statutory limitation period applies.
7. Retention of Title
7.1. All deliveries are subject to retention of title. Delivered goods remain the property of Philippine until full payment of the purchase price and all other claims by Philippine against the client from the ongoing business relationship.
7.2. If goods are processed or used by the client, the processing takes place for PHILIPPINE, who is thus the manufacturer within the meaning of § 950 BGB applies and acquires ownership of the intermediate or final product. When processed with other goods that do not belong to the client Philippine co-ownership of the new item in the ratio of the value of the goods delivered by it to the value of the third-party goods at the time of processing.
7.3. The customer is entitled to resell delivered goods within the framework of the agreement made at any time, revocable, within the framework of proper business operations. As a precaution, the client assigns to Philippine all claims with ancillary rights in connection with the resale and business relationship with its customers in the amount of the value of the goods delivered. Philippine is irrevocably authorized and obliged to report the assigned claims at any time.
7.4. The client may neither pledge the delivery item nor assign it as security. In the event of seizure, confiscation or other disposal by third parties, he must notify Philippine immediately.
7.5. If the customer acts in breach of contract, in particular in the event of default in payment, Philippine is entitled to take them back after a reminder and the customer is obliged to surrender them.
7.6. The assertion of the retention of title through the seizure of the delivery item by Philippine does not count as a withdrawal from the contract, unless the installment law applies.
8. Place of jurisdiction and performance
The place of performance for both parties to the contract for deliveries in Germany and abroad is Bochum. If the buyer is a registered trader, the place of jurisdiction is Bochum or, at our option, the general place of jurisdiction of the buyer. For all legal relationships between Philippine and the client, excluding foreign law, only the law applicable to the legal relationship between domestic parties at our headquarters in Bochum applies. Should individual provisions of these general terms and conditions of sale and delivery be wholly or partially ineffective, the rest of these conditions shall remain fully effective. The contractual partners undertake to replace the ineffective provision with an effective one that comes as close as possible to its content and economic success.
Philippine GmbH & Co. Dämmstoffsysteme KG, Castrop-Rauxel
Status: February 2022
Contact
Philippine GmbH & Co.
Dämmstoffsysteme KG
Wartburgstraße 71
44579 Castrop-Rauxel - Germany
Phone: (0)2305/6371-0
info@philippine-eps.de
