Terms of Delivery and Payment


1.1 Our Terms of Delivery and Payment are valid as of the given latest Version and apply to all current and future Orders from home and foreign ordering parties, unless we have explicitly accepted deviations in writing. Only our written confirmation relating to subsidiary agreements and subsequent changes is binding for us. This also applies to a revocation of the written form clause. The acceptance of our deliveries and Services is considered to be an acceptance of our Terms of Delivery and Payment.

1.2 Possible purchasing terms of the contractual partner are only binding for us following our explicit written acceptance of these terms. The same applies to other general business terms of the contractual partner.

1.3 Agreements of the contractual partner with our salesmen, representatives and authorised persons are only binding for us after our written confirmation. Our visiting and authorised personnel, as well as our representatives, are only entitled to accept cash payments and cheques upon presentation of an authority to collect.

1.4 We are entitled to process data of ordering parties that are related to the given business relations according to the Federal Data Protection Law (Bundesdatenschutz Gesetz-BDSG).



2.1 Our offers are subject to their confirmation. A delivery agreement, or any other contract, is only effective when we have confirmed the client’s Order, or any other order, in writing or when we have delivered the merchandise.

2.2 We reserve the right to change the production process and product composition provided that this does not adversely affect the type and quality of the product.

2.3 In so far as no alternative has been confirmed, details in text or pictorial form (e.g. descriptions, illustrations or drawings) published in catalogues, brochures and other publications define the nature, condition and use of the merchandise that we ultimately supply. The details are approximate values that are customary in the given line of business, unless they have been explicitly defined as binding in the order conformation. Other details of the manufacturer are not binding.

2.4 Excess and Short deliveries within the customary extent are considered as agreed.


3.1 Invoicing will be based on the prices applicable on the delivery day if a fixed price has not been explicitly stipulated in writing.

3.2 In so far as no alternative provisions have been explicitly made, all prices are net prices without value-added tax which the contractual partner has to pay in the given statutory amount, and they are applicable ex our production location without packaging. If no alternative details are furnished, prices are in the European currency (EURO).

3.3 We reserve the right to change prices if the basis for our calculations changes.

3.4 Granted discounts are cancelled in the event of default of payment of the contractual partner, if insolvency proceedings are filed for the assets of the contractual partner or if proceedings are rejected due to insufficiency of assets.


4.1 Delivery times commence as from the date of our order confirmation, but not before all technical and commercial details have been unequivocally clarified. The delivery time is considered to have been fulfilled when the object has left our plant or warehouse prior to its expiry or if notification of dispatch readiness has been given if the merchandise cannot be dispatched in due time through no fault of ours.

4.2 In the event that we exceed deadlines and delivery times that are not explicitly defined as “fixed” or “fix” in the order confirmation, then the contractual partner may grant us a reasonable period of grace for the given delivery/service. Only with the expiry of this grace period will we be in default.

4.3 Notwithstanding our rights resulting from a default of payment by the contractual partner, periods of time and deadlines are extended by the same amount of time as the contractual partner fails to fulfil their obligations vis-ä-vis us.

4.4 We are absolved of all obligations incurred in the given contract in the event of unforeseeable and exceptional circumstances which we do not have to justify, such as industrial disputes, operating disruptions, any impediments imposed by any government or subdivision thereof, transport disruptions and other cases of force majeure, irrespective of whether they arose with us or our suppliers. Obstacles of a temporary nature only prevail for the actual duration of the restriction, plus a reasonable initial period. In the event that such events subsequently make the delivery impossible or unreasonable for one of the parties, both parties will be entitled to withdraw from the contract.

4.5 Our liability for culpable delay attributable to slight negligence in breach of duty is herewith excluded other than the breach of duty results in injury to life, body or health. This Provision is not associated with a change of the burden of proof to the detriment of the contractual partner.

4.6 We are entitled to effect partial deliveries provided that this can be reasonably expected of the contractual partner. Partial deliveries can be separately invoiced.


Information and consultation relating to our products are based on our past experiences and findings. The specified values are established average values. Information and consultation do not dispense with the need to fest the suitability of the supplied merchandise and to observe processing instructions. Verbal details are not binding. Clause 10 of these Terms is applicable in the event of possible liability.


6.1. If not specified otherwise, deliveries are effected ex works. In the event that an Incoterm has been agreed on as a delivery term, the Version valid at the time the agreement was concluded is applicable.

6.2. If, at the request of the contractual partner, the merchandise is dispatched to a location other than the place of fulfilment, the contractual partner will bear all arising costs. After due assessment of the circumstances, we are free to decide the transport mute and the transport Company. Upon receipt of the merchandise, the contractual partner must immediately notify us in writing of the nature and extent of any transport damage. The merchandise will only be insured for transport damage, transport loss or breakage at the explicit request and expense of the contractual partner.

6.3. Dispatch and transport of ex works deliveries are always effected at the risk of the contractual partner. This is also the case if deliveries are effected from a third party warehouse (drop-off shipment) and for the return of merchandise and empties (transport of re-usable packaging). The risk, also with partial deliveries, passes to the contractual partner as soon as the consignment has been handed over to the person

6.4. executing the transport Operation or when, for the purpose of dispatch, the consignment has left our warehouse or, in the case of ex works deliveries, the consignment has left our plant.
In the event that dispatch of merchandise is delayed for reasons which the contractual partner has to justify, or when the contractual partner is responsible for the transportation of the merchandise, then the passing of risk becomes effective when the contractual partner is given notification of dispatch readiness. The contractual partner shall bear the storage costs amounting to 0.5% of the invoiced total per month if the merchandise is stored in our works or store. We reserve the right to furnish proof of higher storage costs. Following the expiry of a reasonable period of grace without results, we shall be entitled to dispose of the merchandise in an alternative manner and supply the contractual partner again within a reasonably extended period of grace.

6.5. The risk for carriage paid deliveries to the customer’s premises/warehouse and also partial deliveries passes to the contractual partner as soon as the merchandise has arrived at their business premises/warehouse ready for unloading. Unloading must be immediately carried out by the contractual partner who is obliged to provide an adequate number of workers and unloading facilities. We will charge for waiting times as is customary in this line of business. If transport to the destination fails for reasons which lie within the contractual partner’s scope of risk, the risk associated with this transport shall then pass to the contractual partner. This also applies to any unjustified refusal of acceptance by the contractual partner. Clause 6.4 shall apply accordingly.


7.1. Payments must be effected in EURO (€) free of postage and expenses. Payments must only be made into the place of payment specified by us. Bills of exchange and cheques will only be considered to have been accepted as payment after they have been honoured and without the Obligation for timely presentation and submitting an objection.

7.2. If not specifically agreed otherwise, payments must be effected within 30 days of the invoice date without any deductions. In the event that this payment period is exceeded, we shall be entitled to Charge interest in the amount of 8 per cent above the basic interest rate p.a. (Section 247 BGB – German Civil Code).

7.3. The contractual partner can only offset counterclaims if these counterclaims are undisputed or legally binding. In the event of a defect, the contractual partner can withhold the three-fold of the post-performance amount. In exercising the retention right, the contractual partner must give us, according to our preference, security for the unpaid amount either by way of a bank guarantee or a deposit with a notary of their choosing.
7.4. If payment is not effected in due time we can:

  • 7.4.1 Immediately assert from the ordering party all Claims arising from the given or other business, even if they are not yet due;
  • 7.4.2 Retain our deliveries and other Services associated with the order in hand or other Orders until the ordering party has completely fulfilled all our Claims that are still open as a result of the order in hand or other Orders;
  • 7.4.3 Demand the Provision of adequate security;
  • 7.4.4 Demand the return of the merchandise supplied by us and that is subject to our reservation of title. If, as a result of lapse of time, the merchandise is no longer usable, or only usable to a limited extent, we will then be entitled to demand value equalization.

7.5 If, after a contract has been concluded, we become aware of facts relating to a significant deterioration of the financial Status of the contractual partner which, after due commercial assessment of the circumstances, could endanger our claim to counter-performance – especially if insolvency proceedings are filed – until the moment of Performance we can demand the Provision of an appropriate security within a reasonable period of time, or demand Performance upon tender of counter-performance. We can withdraw from the contract or demand compensation if the contractual partner does not fulfil our justified demand in due time. In such a Situation all amounts – also deferred amounts – shall become immediately due.


8.1 All delivered merchandise remains our property until all owed remunerations, including “all subsidiary Claims, have been fully paid. I f bills of exchange or cheques are accepted, then payment is only considered to have been effected after they have been finally honoured. Subsidiary Claims include the cost of packaging, freight and insurance, banking fees, dunning costs, the cost of legal advice and representation, court fees and other costs.

8.2 The contractual partner accepts the merchandise subject to reservation of title for safekeeping in conformity with commercial practice. The contractual partner is obliged to store the merchandise separately and identify it as belonging to us. We are entitled to check the separate storage and Identification of the merchandise at Short notice. If insolvency proceedings are filed for the assets of the contractual partner, we shall be entitled to immediately identify the reserved merchandise as our own property and/or repossess the merchandise. The contractual partner is liable for the loss of our merchandise. The contractual partner must insure the merchandise against fire, water and theft at their expense and for our benefit. Insurance Claims are herewith assigned to us in advance. We must be immediately notified of all arising damage.

8.3 Transformation and processing of the reserved merchandise are carried out on our behalf as manufacturer in accordance with Section 950 BGB (German Civil Code) without placing us under Obligation. The processed merchandise is considered to be reserved property with the meaning of Clause 8.1. In the event that the customer processes, combines and mixes the reserved merchandise with other goods, then we are entitled to co-ownership of the new object in the same ratio as the invoiced amount of the reserved merchandise in relation to the invoiced value of the other used goods. If our ownership ceases to exist due to combination or mixing, the customer hereby transfers their ownership rights already now to the new stock of objects to the same extent as the invoiced value of the reserved merchandise and will store it free of Charge on our behalf. The co-ownership rights existing hereafter are deemed as reserved merchandise as defined in Clause 8.1.

8.4 The reserved merchandise can be sold, processed or combined with other objects, or extended in any other form (hereinafter referred to as “resell”) by the contractual party only within the orderly course of business and provided that the contractual partner is not in default. Any other disposition of the reserved merchandise is inadmissible. We must be immediately notified of third-party attachments or seizures of the reserved merchandise. All Intervention costs, e.g. the cost of a third-party action in Opposition to proceedings in conformity with Section 771 ZPO (German Code of Civil Procedure must be borne by the contractual party in so far as they are not retracted by the third party {party opposing the proceedings) following the first request, and if Intervention was justified. If the contractual party grants their buyer deferment of payment, he must reserve ownership to the reserved merchandise under the same conditions as we have reserved ownership to the delivered reserved merchandise. However, the contractual partner is not obliged to reserve ownership vis-ä-vis the buyer regarding the ownership to future arising demands. Otherwise, the contractual partner is not entitled to resell.

8.5 The Claims of the contractual partner resulting from the resale of the reserved merchandise are herewith assigned to us to the same extent as is needed to secure the reserved merchandise. The contractual partner is only entitled to resell if the resulting Claims entitlement is assigned to us.

8.6 If the contractual partner sells the reserved merchandise together with other goods not supplied by us for a total price, the Claims for the sale will be assigned to us to the same extent as the invoice value of our sold reserved merchandise.

8.7 If the assigned Claim is included in a running invoice, the contractual partner herewith assigns a part of the balance already to us, including the final balance from the current account that equals this Claim.

8.8 The contractual partner is entitled, until revocation, to collect the Claims assigned to us. We are entitled to revocation if the contractual party does not fulfil their payment obligations resulting from the business relations with us in an orderly manner or if we become aware of circumstances that could significantly diminish the credit worthiness of the contractual partner. If the preconditions exist to exercise the revocation right, then the contractual partner must, at our request, immediately disclose the assigned Claims and their debtor, declare all the details that are necessary to collect the Claims, hand over all the requisite documents to us and notify the debtor of this assignment. We are also entitled to notify the debtor of this assignment ourselves

8.9. If the nominal value {invoice amount for the merchandise or the nominal amount of the Claim rights) of the securities existing for us exceeds the secured Claims by more than 20%, we will then be obliged to release securities of our choice at the request of the contractual partner.

8.10. If we assert our reservation of title, then this will only represent a withdrawal of the contract if we specifically declare this in writing. The right of the contractual partner to possess the reserved merchandise shall cease to exist if the contractual partner does not fulfil their obligations resulting from this agreement or other contracts.

8.11. We reserve the ownership and Copyright to the illustrations, drawings, specimens and other documents. They must not be duplicated in any form, nor made available to others, without our written approval. They must be immediately returned to us at our request or if an order is not placed.

8.12. If the object we have delivered includes Software, we shall retain all rights to this Software, especially the Copyright and other commercial property rights. We merely grant a non-exclusive utilisation licence related to the intended purpose of use. The actions, especially duplication, processing or distribution, specified in Section 69 c of the Copyright Law, require our written approval.

8.13. If third-party rights are infringed when products are produced according to specimens or other details of the contractual party, then the contractual party will immediately exempt us of all Claims.

8.14. If we are not awarded the order, we will then be entitled to demand reasonable reimbursement for the specimen products that we have produced.


The following is applicable if the production of the contractual object requires the manufacturing of molds, models and fixtures (hereinafter referred to as “production devices*):

9.1. If not stipulated otherwise, the production devices must be separately remunerated in addition to the price agreed for the contractual objects.

9.2. The remuneration payable for the production devices becomes immediately due when the order is confirmed. We are entitled to discontinue the manufacture of the production devices until we have received the payable remuneration.

9.3. If not stipulated otherwise, we remain the owners of the production devices. Notwithstanding the provisions in Clause 9.4, we undertake to use the production devices solely for the Orders of the contractual partner, provided that the contractual partner fulfils the payment and purchase obligations.

9.4. We can freely dispose of the production devices if the contractual partner releases the production devices. The same applies two years after the last partial delivery involving the use of the production devices, provided we have notified the contractual partner of the disposal or destruction of the production devices and this has not been opposed in writing by the contractual partner. We can dispose of the production devices under all circumstances if three years have passed since the last partial delivery involving the use of the production devices.



10.1. We are not liable for the incorrect or inappropriate use of the products.

10.2. The contractual partner is obliged to immediately carefully inspect the supplied merchandise upon receipt for completeness and conformity, even if specimens or samples have been previously supplied. The delivery is considered to be approved if notice of any defects is not given in writing, by fax or email within 3 working days of arrival of the merchandise at the point of destination or, if the defect was not immediately apparent in the course of an orderly inspection, within 3 working days of its discovery. If notice of a defect in relation to an additional delivery is not given within 3 days of receipt of the merchandise at the point of destination, it will be considered to have been approved. Our field staff is not entitled to accept notices of defect or incorrect quantities.

10.3. In the event that a notice of defect is justified, then the contractual partner will initially only be entitled to post-performance, which at our discretion can be the delivery of products that are free of defects (against return of the objected merchandise) or by remedying the defect. In the event that post-performance fails or is unreasonable for the contractual partner (Section 440 BGB –
German Civil Code) or superfluous because

  • a. We subsequently reject post-performance;
  • b. We cannot complete post-performance within the contractually stipulated time or a stipulated grace period and the continuation of Performance interest of the contractual partner is linked to timely rendition of Performance;
  • c. hen special circumstances exist which, when mutual interests are taken into account, justify immediate withdrawal (Section 232, Sub-Section 2, BGB -German Civil Code), the contractual partner will immediately have the right to reduce the purchase price or, according to their preference, withdraw from the contract and demand compensation in place of the Performance, or demand replacement of futile expenditures in conformity with Clause 10.

10.4. The expenditures required for post-performance, especially transport, travel, work and material costs, will be borne by us. This does not apply if the expenditures increase if the product has been relocated after delivery to a different location than the domicile or commercial residence of the contract partner, except if this relocation is in keeping with the intended purpose of use of the given object.

10.5. If the contractual partner accepts defective merchandise even though he has recognised the defect, then he can only be entitled to the Claims and rights associated with defects if he has reserved these Claims and rights when accepting the defective merchandise.

10.6. The assignment of Claims of the contractual partner to third parties due to defects is excluded. Payments of the contractual partner in connection with notices of defect can only be retained to an extent that is reasonable with the asserted defect.


11.1. We are liable for damages resulting from injury to life, body or health in conformity with the corresponding legal provisions.

11.2. Otherwise our liability is limited to breach of duty and our non-contractual liability for damage caused intentionally or by gross negligence. The liability for the gross negligence of our employees, collaborators and simple agents is excluded in this context.

11.3. Exempt from Clause 11.2 is the breach of contractual duties (cardinal duties). In this case we are also liable in the event of slight negligence that is our own fault as well as that of the fault of our employees, collaborators and simple agents.

11.4. Liability is limited to contract-typical damage that we could have expected when the contract was concluded on account of the circumstances known to us at the given time.

11.5. Further damage, irrespective of the legal reason, is excluded. We are not liable for lack of commercial success, lost profit, indirect damage, consequential damage caused by a defect and damage resulting from third-party Claims.

11.6. The above liability limitations apply equally to Claims for compensation on account of futile expenditures (Section 284 BGB – German Civil Code).

11.7. Irrespective of the legal reason, compensation Claims directed against us shall expire within two years of the legally stipulated commencement of the period of limitation, but at the latest after the surrender of the subject.

11.8. The above provisions are not associated with a reversal of the burden of proof to the disadvantage of the contractual partner.

11.9. Compensation Claims according to the Product Liability Law remain unaffected.


12.1. Place of fulfilment for all mutual obligations is the domicile of Globus.

12.2. If the contractual partner is a trader or a legal entity under public law as defined in Section 29 a), Sub-Section 2 ZPO (Code of Civil Procedure), the sole place of jurisdiction for all disputes is the seat of our commercial register. We are also entitled to take legal proceedings against the contractual partner at their legal place of jurisdiction.

12.3. The relations between us and the contractual partner are subject to German law under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Rules of International Private Law. INCOTERMS apply to the interpretation of the contract.

12.4. In the event that individual provisions should prove to be ineffective or become ineffective due to subsequent circumstances, this will not affect the effectiveness of the remaining provisions.

Effective as from 30th of July, 2021
Globus Thermoplast GmbH • D-24223 Schwentinental