General Terms and Conditions
Note: The German version of these General Terms and Conditions is the legally binding version. This English translation is provided for information purposes only. In case of any discrepancy, the German version shall prevail.
§ 1 Scope
(1) These General Terms and Conditions ("GTC") apply to all contracts between SCOMA Galvanotechnik GmbH (hereinafter "Contractor") and its customers (hereinafter "Client") for the supply of equipment and the provision of services.
(2) Deviating, conflicting or supplementary general terms and conditions of the Client shall only become part of the contract if the Contractor has expressly agreed to their applicability in writing.
(3) These GTC shall also apply to all future business relations, even if they are not expressly agreed upon again.
§ 2 Offer and Conclusion of Contract
(1) Offers by the Contractor are non-binding and subject to change unless expressly marked as binding.
(2) A contract shall come into effect only upon the Contractor's written order confirmation or upon execution of the delivery or service.
§ 3 Prices and Payment Terms
(1) The prices stated in the offer or order confirmation shall apply. All prices are exclusive of statutory value-added tax (VAT).
(2) Invoices are payable within 10 days of the invoice date net without deduction. Early-payment discounts (Skonto) are excluded.
(3) For initial orders from new customers, a down payment of 50% of the order value is due upon order confirmation. The remaining balance is payable in accordance with paragraph 2 above after delivery. For follow-up orders from existing customers, no down payment is required unless otherwise agreed in the individual case.
(4) In the event of default in payment, the Contractor is entitled to charge default interest at the statutory rate. The right to claim further damages remains reserved.
§ 4 Delivery and Performance
(1) Delivery dates and deadlines shall be set out as binding in the order confirmation or otherwise agreed between the parties. Unless expressly confirmed otherwise, delivery dates are non-binding.
(2) The Contractor primarily delivers within the Federal Republic of Germany and to Switzerland. Deliveries to other countries shall be subject to separate agreement.
(3) Where delivery is made by freight forwarder, the Contractor shall bear 50% of the freight costs; the remaining 50% shall be borne by the Client. Deviating agreements must be made in writing.
(4) Partial deliveries are permissible to the extent reasonable for the Client.
(5) The Contractor shall not be liable for delivery delays due to force majeure or other events that were not foreseeable at the time of conclusion of the contract and for which the Contractor is not responsible.
§ 5 Retention of Title
(1) The Contractor retains title to all delivered goods until all claims arising from the business relationship have been paid in full.
§ 6 Claims for Defects
(1) The Client shall inspect the goods for defects immediately upon receipt and notify the Contractor of any defects in writing within 7 working days. Hidden defects must be reported immediately upon discovery.
(2) In the case of justified notices of defect, the Contractor shall be entitled, at its option, to remedy the defect or to deliver a replacement.
(3) For electroplating racks, the special provisions of § 7 shall apply in addition.
§ 7 Warranty for Electroplating Racks
(1) The warranty for electroplating racks is generally limited due to their usage-dependent stress. In particular, the racks and their PVC coating (insulation) are subject to process-related wear, which depends primarily on duration of use, load, chemical influences and operating conditions.
(2) Conclusions regarding usage may be drawn from the degree of wear visible on the colour scale of the PVC coating, which serves as an indicator of the cycles already completed.
(3) Accordingly, no warranty claims exist for signs of wear resulting from intended use.
(4) This shall not affect defects attributable to faulty materials or manufacture. This applies in particular to structural damage such as the detachment of frame parts or suspensions, provided that such damage is not caused by improper use, overload or external influences.
§ 8 Customer-Supplied Material / Consigned Parts
(1) Where customer-supplied components are required for the design and manufacture of electroplating racks, the Client shall provide them in due time and in a suitable form.
(2) The provision of these components serves in particular to ensure a practical design of the rack technology so as to guarantee secure positioning during the finishing process and to prevent the components from falling off.
(3) The Client shall ensure that the components handed over correspond to the actual series components. No liability is assumed for deviations resulting from non-representative samples.
(4) Use and return of customer-supplied components shall take place exclusively after prior consultation. Unless expressly agreed otherwise, there is no claim to return of the components provided.
(5) Liability for loss of or damage to consigned parts shall be assumed only in cases of intent or gross negligence.
§ 9 Liability
(1) The Contractor shall be liable without limitation for intent and gross negligence.
(2) In cases of slight negligence, the Contractor shall be liable only for breach of material contractual obligations (cardinal duties). In such cases, liability shall be limited to the typical and foreseeable damage.
(3) Liability for damages arising from injury to life, body or health and under the German Product Liability Act (ProdHaftG) shall remain unaffected.
§ 10 Confidentiality
(1) Both parties undertake to treat as confidential all information obtained in the course of the cooperation and to use it only for the performance of the contract.
§ 11 Final Provisions
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) Insofar as the Client is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship shall be Stuttgart, Germany. The Contractor is also entitled to bring proceedings against the Client at the Client's general place of jurisdiction.
(3) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall not be affected.
Contact
SCOMA Galvanotechnik GmbH
Mario Scorzelli
Lehenmorgenstraße 6
72336 Balingen, Germany
Phone: +49 (0) 7433 / 95 55 155
Fax: +49 (0) 7433 / 95 55 158
E-Mail: info@scoma-gt.de
Version: May 2026