General Terms and Conditions of
probas.plating GmbH

Clause 1: Scope of Application

1.1 Our General Terms and Conditions shall be deemed an integral part of any contracts with customers who, when entering the contract, act in exercise of their commercial or independent processional activity.

1.2 By submitting an offer to enter into a contract, the customer at the same time accepts the General Terms and Conditions of probas.plating GmbH.

1.3 Our General Terms and Conditions shall also apply if probas.plating GmbH performs works in the knowledge of conflicting general terms and conditions of the customer.

Clause 2: Offer of Contract

2.1 The Contract shall be concluded by the customer’s offer and the unconditional acceptance of the offer by probas.plating GmbH.

2.2 The Customer has to immediately notify probas.plating GmbH of the type of metal, the desired layer thickness, the type of the surface to be coated, the quantities to be machined, and the intended purpose.

Clause 3: Risk Distribution

3.1 The Customer has to deliver to probas.plating GmbH the parts to be coated in a coating-ready condition, in particular in a demagnetized condition with cleaned surfaces and materials free from cast skin, scale, oil carbon, burnt-on grease, weld slag, graphite, coats of paint, and without pores, blowholes, cracks, laminations, and with adequately undercut threads.

3.2 If the work performed is damaged or destructed before acceptance due to force majeure, war, riot or other objectively inevitable circumstances that cannot be attributed to probas.plating, probas.plating GmbH shall be entitled to claim payment for the work performed.

Clause 4: Remuneration and Transport Costsn

4.1 Ally prices quoted by probas.plating GmbH are net prices ex work, exclusive of packaging, shipping and transport costs, customs and statutory VAT.

4.2 The Customer has to pay, in addition to the net prices agreed, the applicable statutory VAT as well as the associated packaging and transport costs and customs.

4.3 The place of performance and delivery is the domicile of probas.plating GmbH in Böbingen.

4.4 probas.plating GmbH may offer to the customer, without being obliged to do so, to dispatch the coated parts for the account and risk of the customer pursuant to a separate agreement in particular cases.

4.3 The remuneration shall be payable within 10 days from receipt of invoice by the customer.

4.4 The customer shall be entitled to set off counterclaims only if such claims are undisputed or have been declared final and absolute.

Clause 5: Delivery Period

5.1 Compliance with the agreed delivery periods requires the clarification of all technical issues, the delivery of the parts to be coated and the fulfillment of the customer’s obligations under Clause 2.2 and 3.1.

Clause 6: Liability for Defects

6.1 The customer may claim defects only if the customer has properly complied with its obligation of inspection and notification of defects as provided in Section 377 HGB (German Commercial Code).

6.2 probas.plating GmbH shall be entitled to make three attempts of subsequent improvement before the customer may assert further legal rights.

6.3 Claims of the customer for material defects shall become time-barred one year from delivery to the customer, with the exception of claims for damages in case of injury to life, body or health resulting from a negligent breach of duty on the part of probas.plating GmbH or from an intentional or negligent breach of duty on the part of a legal representative or a vicarious agent of probas.plating GmbH;

further with the exception of claims for damages resulting from a grossly negligent breach of duty on the part of probas.plating GmbH or from an intentional or grossly negligent breach of duty on the part of a legal representative or a vicarious agent of of probas.plating GmbH. The statutory limitation periods shall apply in this respect.

Further, all claims of the customer under the Product Liability Act shall remain unaffected.

Clause 7: Retention of Title, Extended Retention of Title

7.1 By applying the coating, probas.plating GmbH acquires co-ownership of the coated items.

7.2 probas.plating GmbH reserves co-ownership rights in the coated items until all remuneration claims have been satisfied.

7.3 The customer has to notify us without delay of any attachments or other interventions by third parties.

7.4 The customer shall be entitled to resell the coated items. The customer, however, assigns to probas.plating GmbH all claims against the purchaser by way of an assignment in advance in the value of our claims for remuneration already at the time of the contract with probas.plating GmbH, who hereby accepts this assignment.

Clause 8: Place of Jurisdiction, Governing Law

8.1 If the customer is a merchant, the place of jurisdiction for all legal disputes arising from this contract shall be domicile of probas.plating GmbH in Böbingen (competent courts: Schwäbisch Gmünd Local Court or Ellwangen Regional Court). Notwithstanding this, probas.plating GmbH has the right to sue the customer also at the customer’s residence/domicile.

8.2 The contract between us and the customer shall be governed by the law of Germany to the exclusion of the UN Sales Convention.