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Terms Of Delivery

Our deliveries are based on the usual sales and delivery-terms of the plastic processing industry.

This means particularly:

  1. Prices
    If not otherwise stated our standard term is DAP (Incoterms 2010). This is the equivalent to "ex works" or "ex warehouse" of the supplier. Prices are based on the actual raw material- and salary cost. KWK is entitled to charge increases of wages and salaries as well as rise in prices of raw-material which take effect after reception of order. Offers are not binding.
  2. Terms for delivery
    The indicated terms for delivery are valid as delivery-time ex works. The terms of delivery depend on all commercial and technical alignement and documents that are necessary for execution of the order. The indicated terms for delivery or dates are always only approximate and mean that the goods are probably dispatched until their expiration. There is no responsibility taken for the exact observance of the terms for delivery.
  3. Delivery and dispatch
    KWK is entitled to delivery of minor- or additional quantities up to 10% of the ordered quantity. The dispatched quantity is decisive for invoicing. If not explicitly otherwise agreed, delivery is executed at the risk of the client. KWK does not take over responsibility for loss or damage of the delivered goods during transportation.
  4. Tools
    Injection-moulding tools or other tools and appliances, which are made by KWK or in behalf of KWK are our property unless otherwise agreed. Design details and the protection rights that are connected with them, trade-secrets and know-how remain always the property of KWK, even if the client pays a contribution to the tool-production. If there is no order or any other information within 2 years after the last delivery, tools can be used otherwise by KWK. We are not obliged to accept new orders and we are not bound to previously agreed prices. If we have to deliver goods according to drawings, models or samples of the client, the client has to guarantee that production and delivery of those goods does not offend against rights of intellectual property especially protection rights. KWK has to be held harmless in respect of claims.
  5. Guarantee
    We guarantee that the delivered material was produced faultless. Specifications have to be agreed strictly. If not otherwise agreed,the defect list "Editio Cantor : Quality Assurance of Pharmaceutical and Cosmetic Packing Materials" is applicable for primary packaging items for the pharmaceutical industry. There is no liability for the compatibility between our products and the product of our client. To test this is within the responsibility of our client. In case of a justified complaint our obligation is limited to replacement of defective goods against faultless (flawless) goods. Complaints have to be raised directly after discovery, at latest 8 days (hidden defects 6 weeks) after receipt of the delivery.
  6. Damages compensation and product-liability
    The employer guarantees only for damages, that were caused by bad mistake or intention. For deliveries to commercial users the liability for material damages resulting from the "Produkthaftungsgesetz, BGBI Nr. 1988/89" as well as resulting from other regulations is excluded.
  7. Property proviso
    Goods remain our property until their complete payment. When our goods are manufactured, processed or combined with other objects we have a joint-property for the new product, depending on the value of our goods. When our goods or the new product is sold, it comes to the demand or the price proceeds against his client instead of the property proviso or joint-property.
  8. Delay of payment
    When payment of only one invoice is delayed, all other open demands become due, independent of securities or drafts given or not. Further 15% p.a. interest on arrears are charged. Competency of court is Vienna.
  9. Cash on delivery
    Collection-fee for parcels to be paid on delivery has to be paid by the receiver.