General Terms of Business

Information pursuant to § 6 of the German Teleservices Act (TDG) as amended by the E-Commerce Legal Regulations Act of 20.12.2001

Wefapress Beck + Co. GmbH
UP de Hacke 21/31 D-48691 Vreden
Tel.: 02564 9329-0
Fax: 02564 9329-45
E-mail: info@wefapress.com
General Manager: Gerrit Beck

(Legal responsibililty lies with:) Lutz Beck
Comercial Register: Wefapress Beck + Co. GmbH is registered at the Municipal Court of Coesfeld under Number 4236.
VAT no.: DE 123 771925
Tax reference no.: 301/5852/0027

Text, content and editing
Thomas Wenning
Gerrit Beck

Designed and produced by Projekt_14 Interaktive Medien GmbH, Münster (www.projekt14.de)

Picture credit: All displayed pictures with a watermark are proprietary to Wefapress and may only be used, copied or reproduced after written approval of the same. Any violation of this regulation will be prosecuted.
Source reference for all further pictures: fotolia 25912412 / 9135405 / 282617

General Terms of Business
Terms of sale applied by the plastics processing industry for technical components (recommended terms and conditions published in the Federal Official Gazette No. 57 of 23.3.1977 and No. 85 of 08.05.1985), with additional reference in Section IX to § 14 of the German Product Liability Act (ProdHaftG)

Scope

The following terms and conditions apply only to merchants acting in connection with their commercial undertaking, legal entities constituted under public law and special public funds.

I. Application
Orders shall become binding in respect of the nature and scope of supply only when confirmed by Supplier. Alterations and amendments must be made in writing. In the case of ongoing business relationships, these terms and conditions where agreed by the parties in respect of a previous order will also apply to future transactions even if no express reference is made hereto. Should other deviating terms applied by Customer or Supplier be deemed to apply in place of these General Terms, said deviating terms must be expressly agreed by the contracting parties. Should any individual terms be or become ineffective, this shall not affect the validity of the remaining terms. Customer’s purchasing conditions shall be binding on Supplier only where expressly acknowledged by the latter.

II. Prices
Prices are ex works, exclusive of packing, plus VAT at the statutory rate. If prices are agreed to be dependent on the component weight, the final price will be determined by the weight of the approved outturn sample.*

III. Delivery and acceptance obligations
Times allowed for delivery shall commence following receipt of all documents required to execute the order, advance payments as agreed and prompt provision of materials. If through no fault of Supplier it is not possible for goods to be dispatched, the delivery period shall be deemed to have been complied with upon notification that goods are ready for shipment. Should an agreed delivery time not be complied with on grounds for which Supplier is responsible, upon expiry of a reasonable period of grace Customer to the exclusion of any further claims shall be entitled to demand compensation for delay or, provided that Customer when setting the period of grace shall have drawn attention to such refusal to accept the work, to withdraw from the contract. Compensation for delay shall amount to ½ % for each full week up to a maximum total of 5% of the value of that part of the delivery not delivered in accordance with contract. Reasonable part-deliveries and deviations from order quantities of up to approx. 10% are permissible. Supplier is obliged to accept repeat orders with appropriate delivery times provided that Supplier retains the right of possession in respect of Customer’s moulds, or is under obligation to retain Customer-specific moulds that are the property of Supplier. This commitment does not include any obligation to be bound by previously agreed prices.* In the case of call orders with no agreed duration, production batches or acceptance dates, no later than 3 months following confirmation of order Supplier may demand that these aspects of the order be determined with binding effect. Should Customer fail to comply with this demand within 3 weeks, Supplier shall be entitled to set a period of grace of 2 weeks and upon expiry thereof withdraw from the contract, refuse delivery and claim compensation. In cases of force majeure affecting Supplier or the latter’s sub-suppliers, delivery times shall be extended accordingly. This shall likewise apply in case of interventions by official bodies, difficulties with the supply of energy and raw materials, strikes, lockouts and unforeseeable events for which Supplier is not responsible. Supplier shall as far as possible minimize adverse effects on Customer, if necessary by surrendering the moulds for the duration of the impediment.

IV. Material orders
Where materials are supplied by Customer, these must be delivered at the cost and at the risk of Customer, in good time and in perfect condition, including an appropriate quantity over-allowance of at least 5%.* Should these conditions not be met, the delivery time will be extended accordingly. Other than in cases of force majeure, Customer shall bear the additional costs of interruptions to production. *

V. Packing, dispatch, transfer of risk
Unless otherwise agreed, packing and method of dispatch will be selected at Supplier’s discretion. Even in case of carriage paid delivery, risk will transfer to Customer at the time that goods leave Supplier’s works. In the event of delays in dispatch for which Customer is responsible, risk will transfer upon notification that goods are ready for shipment. At Customer's written request, goods will be insured against breakage and loss or damage in storage and transport or due to fire.

VI. Reservation of title
Deliveries remain the property of Supplier until such time as all claims against Customer accruing to Supplier have been satisfied, even if the purchase price for specifically designated items has been paid. In the case of current accounts, the reservation of title serves as security for the balance due to Supplier. Any processing of the goods by Customer shall take place for and on behalf of Supplier to the exclusion of any acquisition of title pursuant to § 950 of the German Civil Code (BGB): Supplier shall retain title to the resulting product which shall serve as security for claims accruing to Supplier as above. In the event that goods are processed (combined or mixed) by Customer with other goods that are not the property of Supplier, the provisions contained in § 947 and § 948 BGB shall apply with the effect that Supplier’s co-ownership of the new product shall serve as security within the meaning of these terms and conditions. Goods that are subject to the reservation of title may be resold by Customer solely in the normal course of Customer’s business on condition that Customer comes to an agreement with the purchaser upon the reservation of title as above. Customer is not entitled to dispose in any other way over goods that are subject to the reservation of title, particularly not by way of pledge or assignment as security. For the event that goods are resold, Customer here and now assigns the receivables and other claims against the purchaser arising from the resale including all ancillary rights to Supplier until such time as all claims due to Supplier have been satisfied. At the request of Supplier, Customer shall be obliged to furnish Supplier with all information and documents required to assert Supplier's rights against Customer’s purchaser. Should goods that are subject to reservation of title be resold by Customer after processing as above or together with other goods that are not the property of Supplier, the claim to the purchase price shall be deemed to be assigned only in the amount of Supplier’s invoice for the goods that are subject to reservation of title. Should the value of Supplier’s securities exceed the latter’s overall claims by more than 10%, Supplier shall be obliged at Customer’s request to in thus far release securities at Supplier’s discretion. Attachment or seizure of goods by third parties must be notified immediately. The resulting costs of intervention must in all cases be borne by Customer. Should Supplier pursuant to the above conditions make use of the reservation of title by taking back the goods, Supplier shall be entitled to dispose of the goods by private sale or auction. Goods are deemed to have been recovered in the amount of the sale proceeds, subject as a maximum to the price agreed for supply. The right is reserved to assert more extensive claims for compensation, in particular for loss of profit.

VII. Terms of payment
All payments must be made exclusively to Supplier in the currency of the invoice. Unless otherwise agreed, the purchase price for moulds is payable net, 50% upon confirmation of order with the remaining 50% due 30 days after presentation of the turnout sample as per contract. Upon confirmation of order changes made by Customer prior to completion of moulds, all costs incurred up to that time must be reimbursed insofar as they exceed advance payments on account . Component deliveries and services are payable with 3% discount if paid for in advance or C.O.D., or with 2% discount for payment within 10 days or without deduction within 30 days of the date of invoice. Discount will only be granted on condition that all previous invoices that are due have been settled. If the deadlines allowed for payment are exceeded, interest will be charged at 2% above the respective Bundesbank discount rate unless Supplier can demonstrate that a higher rate of debt interest is due. Cheques and rediscountable bills of exchange are accepted solely on behalf of performance, whereby all associated costs shall be borne by Customer. It is not permissible of offset payments or assert rights of retention in respect of any counterclaims by Customer that are disputed by Supplier. In the event of failure to comply with the terms of payment, or if circumstances arise that may lead to serious doubts as to the creditworthiness of Customer, all claims by Supplier shall immediately fall due. Supplier shall in addition be entitled to demand payment in advance for deliveries still outstanding and after a reasonable period of grace withdraw from the contract or demand compensation for non-fulfillment; Supplier shall further be entitled to prohibit Customer from reselling the goods and at Customer's expense to recover goods not paid for.

VIII. Moulds
The price of moulds also includes sampling costs. Prices do not include the costs of testing and processing apparatus, nor the costs of any changes instigated by Customer. Unless otherwise agreed, moulds manufactured for Customer by Supplier or by a third party appointed by Supplier will remain the property of Supplier. These moulds will be used solely for orders placed by Customer provided that Customer’s payment and acceptance obligations continue to be fulfilled. Supplier shall be obliged to replace these moulds free of charge only if necessary in order to complete a production quantity for which a corresponding assurance has been given to Customer. The obligation incumbent upon Supplier to store moulds will cease following prior notification to Customer, 2 years after the last delivery of parts made using the moulds. Offer and order confirmation must state whether a proportion of moulds costs paid by Customer will be compensated for by 5% of net component deliveries. If it is agreed that the moulds shall become the property of Customer, title will pass on payment of the purchase price for the moulds. In lieu of surrendering the moulds to Customer, Supplier accepts an obligation to store the moulds. Irrespective of Customer’s statutory entitlement to receive the moulds and of the service life of the moulds, Supplier shall be entitled to exclusivGeneral Terms of Businesse possession of the moulds until such time as a minimum number of units to be agreed has been accepted and/or until a specified period of time has expired. Supplier must identify the moulds as third-party property and at the request of Customer insure the moulds at Customer’s expense. In the case of moulds that the property of Customer as above or made available by Customer on loan, Supplier’s liability shall be limited to storing and conserving the moulds with the same care as would be exercised in Supplier’s own affairs. The costs of maintenance and insurance must be paid by Customer. Supplier’s obligations will cease if after completion of the order Customer fails to collect the moulds despite being requested to do so. Until such time as Customer’s contractual obligations have been satisfied in full, Supplier shall in all cases have the right to retain the moulds.

IX. Liability for defects
If Supplier has advised Customer, Supplier shall be liable for the functionality and suitability of the plastic component only insofar as an express assurance has been given in writing. Defect claims must be reported in writing forthwith, no later than 2 weeks following receipt of the delivery. In the case of concealed defects, this time limit will extend to 1 week following detection of the defect, subject to a maximum of 6 weeks following receipt of goods. In the case of justified defect claims – whereby the turnout sample approved in writing by Customer shall be the benchmark for quality and execution – Supplier shall be obliged at Supplier's discretion either to carry out rectification or provide a free-of-charge replacement supply. Should Supplier fail to fulfill this obligation within a reasonable period of time, Customer shall be entitled to reduce the price payable or cancel or withdraw from the contract. Other than in the case of willful or gross negligence, further claims are excluded. Parts that have been replaced must on request be returned to Supplier carriage forward. Pursuant to § 14 of the German Product Liability Act of December 15, 1989 (Federal Law Gazette 1989 I page 2189), Supplier’s no-fault liability for physical injury, impairment of health or damage to private property remains unaffected. In the event of unauthorized alteration or improper use, all defect claims will be void. Solely for the purpose of averting disproportionate loss or damage, or if Supplier delays or defaults in eliminating a defect, Customer shall be entitled after previously notifying Supplier to carry out rectification and demand reimbursement of reasonable costs.

X. Industrial property rights
Customer shall be liable to Supplier for ensuring that the supplies and performances ordered are not encumbered by third-party industrial property rights. Customer shall indemnify Supplier against all resulting claims and make good any losses incurred. Drafts and design suggestions put forward by Supplier may be passed on only with the latter’s consent.

XI. Place of fulfillment and jurisdiction
The place of fulfillment shall be Supplier’s works location. The place of jurisdiction, including proceedings for deeds, bills of exchange and cheques, shall at Supplier’s discretion be Supplier’s headquarters location or Customer’s headquarters. German law applies exclusively. Application of the UN Convention on the International Sale of Goods (Federal Law Gazette 1989 II page 586) as amended for the Federal Republic of Germany (Federal Law Gazette 1990 II page 1477) is excluded.

Clause marked with * are not applicable to our company (II/2, III/4, IV). Note: Delivery dates (calendar weeks) confirmed by us are ex works.

Rights of use and copyright
All graphics, photos, diagrams, illustrations and trade marks are the property of Wefapress Beck + Co. GmbH and protected by law. Content, images and graphics insofar as these are subject to third-party copyright are duly authorized. Copyright to texts, graphics, photos, diagrams and illustrations created by Wefapress Beck + Co. GmbH is held exclusively by Wefapress Beck + Co. GmbH. Reproduction is not permitted without the express consent of Wefapress Beck + Co. GmbH. Any and all infringements will result in legal action.Vreden, January 2010

Data protection statement
We are delighted at your interest in our website and our company. Despite careful monitoring, we are unable to accept liability for external links to third-party content. It is a matter of great importance to us that any personal data that may be collected, processed or used while you are visiting our website is protected. Your data are duly protected as required by law. The following paragraphs explain which data are collected during your visit to our website and how these are used:

1. Data collection and processing
Every occasion on which our website is accessed and every instance in which a file is downloaded is logged. These data are stored for internal system-related and statistical purposes. The following data are logged: Name of the file downloaded, date and time of download, volume of data transmitted, confirmation of successful download, web browser and domain. In addition the IP addresses of users’ computers are recorded. No further personal data are collected unless voluntarily disclosed by you, for example in connection with an enquiry or registration process.

2. Use and disclosure of personal data
If you choose to make your personal data available to us, we will use these data solely in order to respond to your enquiry, carry out contracts entered into with you, or for technical administration purposes. Your personal data will be disclosed to third parties or otherwise transmitted only where necessary for the purpose of executing a contract – particularly when communicating order data to suppliers – or where required for billing purposes, or if you have previously given your consent. You have the right to revoke your consent at any time with future effect. Stored personal data will be deleted if you revoke your consent to such storage, or when the data are no longer required to fulfill the purpose for which they were stored, or if the storage thereof is impermissible on other legal grounds.

3. Right to receive information
On written request we will be pleased to inform you of any data relating to your person that we may hold. Security note: We endeavor to use every technical and organizational means available to ensure that your data are stored in a manner that renders them inaccessible to third parties. When communicating by e-mail we cannot guarantee total data security. Therefore we recommend that you transmit confidential information by post.

4. Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses "cookies", text files that are stored on your computer to help analyze the use of the website. The information generated by the cookie about your use of this website (including your IP address) is sent to a Google server in the U.S. and stored there. Google will use this information to evaluate your use of the website, compiling reports on website activity for website operators and providing other website activity and internet related services. In addition, Google may also transfer this information to third parties unless required by law or if third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by changing the settings on your browser, we would point out, however, that you can use in this case not all the features of this website. By using this site, you consent to the processing of data about you by Google in the manner described and for the aforementioned purpose. The data collection and storage can be objected at any time with effect for the future. Given the debate about the use of analytical tools with full IP addresses, we would like to point out that this website uses Google Analytics with the "_anonymizeIp()" is used and therefore IP addresses will be processed only shortened to prevent direct references to any person.

Important – please read before accessing this website!

Wefapress Beck + Co. GmbH is the operator of the wefapress.de website and other websites under other top-level domains with the same name (here collectively referred to as “the website”) as well as the Wefapress Beck + Co. GmbH ASP platform. A variety of services (“the services”) are available via the Wefapress Beck + Co. GmbH website and the ASP platform. Wefapress Beck + Co. GmbH grants all users who avail themselves of the services via the website or a third-party website contractually authorized by Wefapress Beck + Co. GmbH a non-exclusive right to use these services exclusively for commercial purposes.

Users must not copy, disassemble, translate, transfer or alter the illustrations, data or services on the website, nor decompile the source code or structure of the illustrations, data and/or services, nor manufacture products derived from the illustrations, data and/or services. Users must not remove or alter any copyright notices, logos or other notices depicted among the services or otherwise contained among the data. Users must not use the illustrations, data and/or services in any way for their own or third-party commercial purposes.

Neither Wefapress Beck + Co. GmbH nor any third parties who may have created the services shall be liable in any way to any user insofar as said user has not entered into any contractual relationship with Wefapress Beck + Co. GmbH, particularly not for the accuracy of the content contained therein. We expressly draw your attention to the fact that the drawings merely represent approximations, and that drawing errors and inaccuracies are unavoidable.

The mere fact that the services are made available on the Internet by Wefapress Beck + Co. GmbH in no way constitutes an offer to enter into contract with any user. Contractual use of the services – whether free of charge or in return for a consideration – is subject to the General Terms of Business of Wefapress Beck + Co. GmbH.