General Terms and Conditions for colourZINQ® powder coating

I. Scope

The scope of application of these GTCs extends to the powder coating of steel parts, hot-dip galvanised steel parts and aluminium parts (hereinafter referred to as „services“). Formally, it extends to all offers, orders and agreements. Any conflicting terms and conditions of the client are hereby expressly rejected.

II. Offers, Prices and Payment Terms

  1. Offers are non-binding.
  2. All offers are understood to be ex works of the contractor, plus value added tax.
  3. Payment shall be made within 14 days of the invoice date, unless otherwise agreed; invoices will be issued upon completion of the services.
  4. If cost factors increase by more than 10% after acceptance of the order, the Contractor shall be entitled to demand a price adjustment in writing to the extent of the additional costs. Increases in one type of cost may only be used for a price increase to the extent that they are not offset by any decreases in costs in other areas. If no agreement is reached on the price adjustment, the Contractor may withdraw from the contract.
  5. If the client is in arrears with a payment, all outstanding amounts shall become due immediately.
  6. The client shall only be entitled to set-off and retention rights to the extent that counterclaims are legally established or undisputed, or if these claims relate to warranty rights. The same applies to the client's rights to refuse performance.
  7. Partial deliveries within reasonable limits with separate invoicing are permissible.

III Order placement and implementation

  1. The content and scope of the services shall be based on the content of the order placed by the Client. If the Client supplies more material or material of a different nature for processing than specified in the preceding order negotiations, the Contractor shall be entitled to regard this material as the scope of the order, unless there is a significant deviation that is recognisable to the Contractor. If, in this case, it turns out that the agreed conditions for the execution of the order cannot be met, the contractor is obliged to inform the client of this before the work is carried out. Delays in delivery as a result of such discrepancies shall be borne by the Client.
  2. If the material is delivered for processing by parties other than the client (third parties), the third party shall be deemed to be a vicarious agent of the client.
  3. The agreed delivery and performance dates are subject to the clarification of all technical questions, the availability of the necessary documents and the fulfilment of the obligations incumbent on the client up to that point.

IV. Delivery, Packaging and Shipping

  1. The parts to be processed must be delivered in such a way as to prevent damage during unloading.
  2. Deliveries shall be made ex works of the Contractor. The place of performance and fulfilment shall be the Contractor's works.
  3. Unless a specific type of packaging is prescribed by the client, the contractor shall decide, at their own discretion, whether and how the parts to be processed are packaged. The contractor shall only be liable for transport damage caused by the fault of the contractor or their vicarious agents in cases of wilful intent or gross negligence.

V. Requirements for parts to be coated

  1. It must be possible to hang the parts.
  2. As the parts are pretreated by spraying, they must be designed in such a way that all surfaces to be coated can be covered by the spray treatment. Concealed areas can therefore not be coated without defects. This applies in particular to cavities.
  3. The parts must be able to be suspended in such a way that the pre-treatment media can drain off easily.

Warranty

  1. The Contractor shall carry out the coating work assigned to it in accordance with the rules of electrostatic powder coating with appropriate pre-treatment.
  2. The warranty period shall be determined in accordance with the statutory provisions on work performance.

VIII. Limitation of Liability

  1. The warranty covers the behaviour of the coated parts under normal environmental conditions. Exposure to aggressive gases or liquids, as well as mechanical impact, shall void the warranty.
  2. Powder systems are used for coating aluminium components which are approved according to the test conditions of the Gütegemeinschaft für die Stückbeschichtung von Bauteilen e.V. (GSB). For powder coating of steel or galvanised steel parts, the relevant test parameters must be specified between the client and the contractor before the work is carried out.

VIII. Agreements on Quality

Unless otherwise agreed in writing, the following shall not be considered defects:,

  • a) differing ideas on sheen;
  • b) Defects due to peculiarities in the surface of the parts to be coated, such as those resulting from pores in weld seams, gaps and laps, intrinsic stresses in the workpiece, markings and unremoved welding slag, built-up weld seams, scoring and pitting;
  • c) Defects caused by hot-dip galvanising that do not constitute defects in the legal sense for the hot-dip galvaniser, such as hard zinc picks, trailing edges, zinc beards, imprints or adhesive spots on the lifting or transport aids;
  • d) Abnormalities resulting from non-compliance with the requirements stated under V;
  • e) Malfunctions that are based on contamination of the parts with adhesive, adhesive tape residue, ash, slag, resinous oils and silicones, as well as welds, rivets, rust, white rust and coatings not immediately recognisable. Hot-dip galvanised parts must demonstrably be galvanised according to DIN EN ISO 1461 -t Zn k (the k stands for „no post-treatment“).
  • f) Exceeding the minimum layer thickness of 60 μm;
  • g) Shape changes of sheet metal and edge sheet metal under 2 mm sheet thickness;
  • h) Suspension points repaired with wet paint.

IX. Notice of Defects

  1. The client shall inspect the parts coated by the contractor for discernible defects immediately.
  2. Defects which were not recognisable at the time of the transfer of risk, but were identified within the warranty period, must be notified in writing to the contractor immediately upon their discovery.
  3. If the Client fails to give notice of defects in accordance with the above provisions, the services shall be deemed approved. This shall not apply if the Contractor fraudulently conceals defects.

X. Warranty rights

In the event of a defect, the contractor shall be granted an opportunity to rectify [or: provide supplementary performance] within a reasonable period. If the rectification [or: supplementary performance] fails, the client may withdraw from the contract or reduce the remuneration in accordance with the statutory provisions. The contractor shall only be liable for damages in accordance with clause XI below.

XI. Liability

  1. Claims for damages against the contractor on whatever legal grounds (contract, offence, pre-contractual obligation) are excluded.
  2. The above limitation of liability shall not apply i) in the event of intent and gross negligence, ii) in the event of liability under the Product Liability Act and iii) in the event of culpable injury to life, limb or health. In addition, the Contractor shall be liable in accordance with the statutory provisions in the event of a breach of material contractual obligations (i.e. those obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the Client regularly relies and may rely); in this case, however, the Contractor's liability shall be limited to foreseeable damage that must typically be expected to occur.
  3. A change in the burden of proof is not associated with the foregoing provisions of this Clause XI.
  4. To the extent that the contractor's liability is limited under this clause XI, this shall also apply to the corresponding personal liability of the contractor's employees, vicarious agents and legal representatives.

XI. Client Obligations Regarding Silicone Use

Silicone residue on parts to be coated can lead to production shutdowns. The client is obliged to ensure that the parts to be coated are absolutely free of silicone. The client is liable for any damages.

Xlll. Application of the law

  1. German law shall apply exclusively.
  2. The exclusive place of jurisdiction is Gelsenkirchen. In addition, the contractor is entitled to sue the client at their general place of jurisdiction.
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