The general terms and conditions of Twins Crew
Twins Crew GmbH’s range of services includes the research and development of bio-based and recycled plastics, the implementation and analysis of testing methods in the field of plastics, as well as the organization of training courses and seminars in the field of plastics process engineering. Twins Crew GmbH is also involved in the production and sale of bioplastics compounds, biogenic additives and its own bioplastics products.
Twins Crew GmbH is headquartered in Halle/Saale.
The General Terms and Conditions of Twins Crew GmbH shall apply exclusively; Twins Crew GmbH shall not recognize any terms and conditions of the Client that conflict with or deviate from the Terms and Conditions of Twins Crew GmbH, unless Twins Crew GmbH has expressly agreed to their validity in writing. The Terms and Conditions shall also apply if Twins Crew GmbH carries out the order without reservation in the knowledge that the Client’s terms and conditions conflict with or deviate from the Terms and Conditions.
All agreements made between Twins Crew GmbH and the Client for the purpose of executing this contract must be set out in writing in this contract.
The Terms and Conditions shall also apply to all future transactions with the Client.
The Terms and Conditions shall only apply to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).
IV. GENERAL CONDITIONS
1. Scope and execution of services
The services of Twins Crew GmbH are set out in the order confirmation. The written form shall apply to all agreements, including supplements, amendments and ancillary agreements.
Dates and deadlines for deliveries and services shall only be binding if confirmed in writing by Twins Crew GmbH. Agreements on dates and deadlines are subject to the proviso that suppliers or cooperation partners of Twins Crew GmbH fulfill their obligations. Events of force majeure, general supply difficulties, disruptions at transport companies, operational disruptions and other disruptions for which Twins Crew GmbH is not responsible at Twins Crew GmbH or its suppliers or its cooperation partners, as well as their consequences, shall release Twins Crew GmbH from its obligation to perform for the duration of the disruption and to the extent of its effects. Such events shall also entitle Twins Crew GmbH not to provide contractual services, to the exclusion of any obligation to pay compensation. In the event of non-availability of the service, Twins Crew GmbH shall inform the Client of this circumstance without delay and reimburse any payments already made without delay. Objections to the content of a report, expert opinion, order confirmation or invoice must be raised and specified in writing without delay, but at the latest within four weeks of receipt. If no objections are raised within this period, the report, expert opinion or invoice shall be deemed confirmed.
In the case of mutual commercial transactions, the inspection and complaint obligations of Section 377 of the German Commercial Code (HGB) shall also apply to work and services provided by Twins Crew GmbH.
2. Terms of payment
Invoices are due upon receipt by the invoice recipient and must be paid within 14 days without deduction.
In the event of default in payment, the statutory provisions shall apply (Section 247 (1) BGB).
3. Liability, statute of limitations
Twins Crew GmbH shall only be liable for all damages in the event of intent and/or gross negligence. This shall also apply to damage arising during rectification. Claims for damages shall lapse after six months. This shall not affect the Client’s warranty rights in accordance with statutory regulations. The limitation period for claims shall be governed by the statutory provisions.
Liability is limited to the order amount.
Liability for culpable injury to life, limb and health shall remain unaffected. Unless otherwise stipulated above, liability is excluded. Twins Crew GmbH excludes liability for consequential damage.
4. Confidentiality /subcontracting
The employees of Twins Crew GmbH shall be obliged to keep secret all commercially significant processes of which they become aware in the course of the collaboration.
Twins Crew GmbH shall only provide third parties with information about ongoing or completed work with the express written consent of the Client.
In the event of capacity bottlenecks or temporary equipment defects, Twins Crew GmbH shall be entitled to subcontract to test laboratories known to us that meet the same requirements for a QM system. Confidentiality is thereby maintained.
V. TERMS OF SALE AND DELIVERY
1. Prices, additional costs
The sales prices are agreed with Twin Screw GmbH on a project-related basis and are understood to be free to the customer’s goods receiving point within the Federal Republic of Germany. Costs for packaging, transportation and administrative expenses may be invoiced separately.
All prices are exclusive of the applicable value added tax.
2. Shipping, transfer of risk
Shipment shall be uninsured and at the customer’s risk. The mode of shipment shall be selected by Twins Crew GmbH.
The Client shall provide facilities or storage options that ensure at all times that unauthorized third parties have no access to delivered goods. The Client shall be responsible for protecting goods placed in the receiving area designated by the Client against access by unauthorized third parties. The risks of transportation from the place of delivery shall always be borne by the customer, even in the case of carriage paid delivery.
3. Subsequent performance
The warranty rights of a commercial customer shall only exist if he has fulfilled his obligations to inspect and give notice of defects in accordance with Sections 377 and 378 of the German Commercial Code (HGB).
The Client shall grant Twins Crew GmbH the time and opportunity required at its reasonable discretion for subsequent performance. If the Client refuses to do so, Twins Crew GmbH shall be exempt from subsequent performance. The Client’s rights pursuant to § 437 shall not apply if a material defect is due to the fact that the Client or a third party has modified, improperly used and repaired products without Twins Crew GmbH’s consent or products have not been installed, operated and maintained in accordance with Twins Crew GmbH’s guidelines.
4. Reservation of proprietary rights
Twins Crew GmbH shall retain title to delivered products until the purchase price has been paid in full and all claims, including future claims, have been settled (reserved goods).
Any treatment or processing of the reserved goods shall be carried out for Twins Crew GmbH. In the event of incorporation into third-party goods by the Customer, Twins Crew GmbH shall become co-owner of the newly created products in the ratio of the value of the goods subject to retention of title to the other goods used. The products thus created shall also be deemed to be reserved goods of Twins Crew GmbH. The customer shall be entitled to resell the goods subject to retention of title – only subject to retention of title – provided he meets his payment obligations to Twins Crew GmbH.
Other dispositions, in particular pledging or transfer by way of security of the reserved goods, shall not be permitted. In the event of access by third parties to the reserved goods, the Customer shall be obliged to point out Twins Crew GmbH’s ownership and to inform Twins Crew GmbH immediately. The Client hereby assigns to Twins Crew GmbH by way of security all claims, including ancillary rights, to which it is entitled from the resale of the reserved goods and the business relationship with its customers in connection with the resale of the reserved goods in the amount of the value of the reserved goods. The Client shall be authorized and obliged to collect the assigned claim and to transfer it to Twins Crew GmbH without delay.
If the Client defaults on payment, Twins Crew GmbH shall be entitled at any time to revoke the direct debit authorization and to notify the Client’s customers of the assignment, as well as to take back the reserved goods or, if necessary, to demand the assignment of the Client’s claims for restitution against third parties. The Client shall be obliged to provide Twins Crew GmbH with the information necessary for the collection of the claims and to hand over the relevant documents. The taking back or seizure of the reserved goods by Twins Crew GmbH shall not constitute a withdrawal from the contract.
VI. TERMS AND CONDITIONS OF SERVICE AND PERFORMANCE
The price shall be agreed with Twins Crew GmbH for each order or project. Prices quoted in an offer are based on an estimate of the required scope of services and are therefore non-binding. We reserve the right to increase prices due to increased personnel or material costs. Fixed price agreements are excluded.
2. Subsequent performance
Twins Crew GmbH shall provide its services in accordance with the generally recognized rules of technology and the care customary in the industry at the time of commissioning. Twins Crew GmbH shall be liable in the event of a material defect – insofar as technically possible – by repeating the defect free of charge; in the case of technical products, Twins Crew GmbH shall be liable either by rectifying the defect or manufacturing a new product.
The Customer shall only be entitled to reduce the price or withdraw from the contract if the rectification fails or is not possible for other reasons. The claim for subsequent performance must be asserted by the Client in writing without delay.
The Client shall grant Twins Crew GmbH the time and opportunity required at its reasonable discretion for subsequent performance. If the Client refuses to do so, Twins Crew GmbH shall be exempt from subsequent performance.
3. Protection of work results
Twins Crew GmbH shall retain the copyright to the services provided – insofar as they are suitable for this purpose.
The Client may only use the test reports produced as part of the order, including all tables, calculations and other details, for the purpose for which they are intended as agreed.
Twins Crew GmbH undertakes to make available to the Client all results obtained in the course of the order placement. Information received or obtained that is not already publicly known or accessible shall be treated confidentially.
5. Sample delivery and sample storage
The Client shall bear the costs and risk of delivery of samples, unless collection has been agreed. In the case of shipment by the Client, the test material must be packaged properly and in accordance with any instructions issued by Twins Crew GmbH. Unless otherwise agreed between the Client and Twins Crew GmbH, delivery of samples shall be deemed to be the placing of an order.
The Client shall be liable for all damage attributable to the hazardous nature of the sample material. The Client shall be obliged to disclose all hazard and handling instructions known to him.
Unless otherwise agreed in the order, samples will not be stored after testing. Official counter-samples shall be stored appropriately until the official seal expires, but no longer than six months after the test report has been sent by post. All other samples are disposed of after completion of the tests. Samples may be returned on request and at the customer’s expense.
Clients are obliged to test the samples delivered to Twins Crew GmbH for the existence of the substances listed in the REACH SVCH Candidate List as amended from time to time and to inform Twins Crew GmbH immediately and unsolicited if a SVHC substance from the Candidate List is contained in the samples at a concentration of more than 0.1% by weight.
Cancellation of orders by the customer is only possible free of charge within a period of one week after the order has been placed and must be made in writing. If the order is canceled late, cancellation fees amounting to 10% of the net order value plus VAT shall be payable.
If the customer wishes to cancel the placed and confirmed order after the start of the test, he may be charged for the expenses incurred up to the cancellation of the order plus a processing fee. The amount of the processing fee is 10% of the net order value plus VAT.
VII. CONDITIONS FOR SCIENTIFIC EVENTS, EQUIPMENT EXHIBITIONS
1. Registration and participation
Registrations for all events must be submitted in writing to Twins Crew GmbH as early as possible, at the latest five working days before the start of the event. Written registration is considered a binding declaration of participation. If the number of participants is limited, registrations will be considered in the order in which they are received. There is no right to participate in events with a limited number of participants.
The binding nature of an event and the personal participation according to the registration will be confirmed in writing by the organizer.
The price for participation in scientific events and equipment exhibitions can be found in the relevant printed information material (brochures, flyers, etc.) and the event database on the Internet.
Payment of the participation fee without deduction is due within 15 days of the invoice date. Payments can be made by bank transfer to the account stated on the invoice or in advance by credit card. The invoice number and customer number must be stated on every bank transfer.
Cancellation of a binding declaration of participation must be made in writing and is free of charge if received by Twins Crew GmbH up to two weeks before the start of the event. For declarations of withdrawal received by Twins Crew GmbH after this time, 50% of the participation fee will be charged as a cancellation fee. Cancellations received later than one week before the start of the event, absence from the event without further explanation or interruption of the event shall entitle Twins Crew GmbH to charge the full participation fee.
Twins Crew GmbH reserves the right to cancel the event if the number of participants is too low. Participant fees already paid will be refunded. Further claims are excluded.
All events are carried out in accordance with the published program content, taking into account applicable legal regulations and the recognized state of the art. The organizer reserves the right to make changes to the program.
VIII. FINAL PROVISIONS
1. Data processing
Twins Crew GmbH shall be entitled to store and process the Client’s personal or commercial data, regardless of whether these originate from the Client or third parties, in compliance with the Data Protection Act.
2. General provisions
Transfers of the Client’s rights and obligations under the contract shall require the consent of Twins Crew GmbH. Claims by Twins Crew GmbH may only be offset or a right of retention asserted if the Client’s counterclaim is undisputed or legally binding.
Unless the parties expressly agree otherwise, the place of performance for both contracting parties shall be Twins Crew GmbH’s head office. If the Client is a registered trader, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for both parties shall be Halle/Saale.
The legal relationship between Twins Crew GmbH and the Client shall be governed by the law of the Federal Republic of Germany.
Should individual provisions of these General Terms and Conditions be invalid in whole or in part, the remaining provisions shall remain valid.
Version: Februar 2024