Legal Notice of Polytec PT GmbH, Karlsbad, Germany
General obligation to provide information according to § 5 TMG (German Telemedia Act):
The responsible service provider in the sense of § 5 TMG (German Telemedia Act) is
Polytec PT GmbH Polymere Technologien
Ettlinger Str. 30
Board of Management:
Dipl. Ing. (FH) Achim Wießler
Telephone: +49 (0) 7243 604-4000
Fax: +49 (0) 7243 604-4200
Commercial Register Information:
Register Court: Mannheim District Court
Commercial Register no.: HR-B 362820
Sales tax identification no. according to § 27a UStG:
Mandatory information on alternative dispute resolution according to Art. 13 of Directive 2013/11/EU:
The European Commission provides a platform for online dispute resolution (ODR). You can find this platform at https://webgate.ec.europa.eu/odr/. You can find our e-mail address in our Legal Notice under "Contact".
Mandatory information according to § 36 German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz):
We are neither obliged nor prepared to participate in dispute resolution proceedings before a consumer conciliation body.
Storage and Delivery
Generally, adhesives have limited shelf life. Depending on the material, this period varies from some months up to a year. In our technical data sheets the specified shelf life always starts from the manufacturing date. Due to transport times the effective shelf life may vary from 1 month to 10 months.
Our product portfolio includes a large number of different materials in many delivery forms. There are standard products with rapid turnover as well as products optimized for special applications that are sold infrequently.
We always strive to supply our customers with products having shelf lives as long as possible. Therefore we keep only small amount of material on stock. Please allow the following delivery times:
Products from stock: 1 week
Standard epoxy adhesives and encapsulants: 3 - 4 weeks
Standard ceramic adhesives, encapsulants and other ceramic material: 3 - 4 weeks
Please note that there may be longer delivery times depending on the product and packaging. It is recommended to ask for the conditions in each case.
1. Name and contact details of the controller and the company data protection officer
Poytec PT GmbH
Ettlinger Str. 30
Tel. +49 (0)7243 604-4000
The company data protection officer can be contacted at the above address, for the attention of Mr. Reinhard Mühlbauer, or at firstname.lastname@example.org.
2. Collection and Storage of Personal Data as well as the Manner and Purpose of its Use
a) Visiting the Website
When you visit our website www.polytec-pt.com the browser installed on your device automatically sends information to our website's server. This information is temporarily stored in a "log file". The following information is collected without any action on your part and stored until it is automatically deleted:
- IP address of the requesting computer
- Date and time of access
- Name and URL of the requested file
- Accessing website (referrer URL)
- Browser used and, if applicable, the operating system of your computer as well as the name of your access provider
We process the above mentioned data for the following purposes:
- Ensuring a smooth connection to the website
- Ensuring convenient use of our website
- Evaluation of system security and stability
- For further administrative purposes
b) Using our contact form
If you have any questions, please contact us using the form provided on the website. A valid email address is required so that we know who sent the request and can respond to it. Further information can be provided voluntarily. Data given for the purpose of contacting us will be processed in accordance with Art. 6(1)(1)(a) GDPR on the basis of your voluntary consent. The personal data collected by us when you use the contact form will be automatically deleted after your request has been processed.
3. Disclosure of Data
Your personal data will not be disclosed to third parties for purposes other than those listed below. We will only disclose your personal data to third parties if:
- You have given your express consent pursuant to Art. 6(1)(1)(a) GDPR,
- Disclosure pursuant to Art. 6(1)(1)(f) GDPR is necessary to establish, exercise or defend legal claims and there is no reason to assume that you have an overriding interest worthy of protection for not disclosing your data,
- In the event that there is a legal obligation for disclosure pursuant to Art. 6(1)(1)(c) GDPR,
- This is legally permissible and is necessary for the processing of contractual relationships with you pursuant to Art. 6(1)(1)(b) GDPR.
5. Analysis Tools
The tracking measures listed below and used by us are carried out on the basis of Art. 6(1)(1)(f) GDPR. Through the tracking measures used, we want to ensure that our website is designed to meet requirements and is continually optimized. We also use tracking measures to statistically record the use of our website and to evaluate it for the purpose of optimizing our services for you. These interests are considered legitimate within the meaning of the aforementioned provision. For the respective data processing purposes and data categories, please refer to the corresponding tracking tools.
a) Google Analytics
For the purpose of demand-oriented design and continuous optimization of our pages, we use Google Analytics, a web analysis service provided by Google Inc. (https://www.google.de/intl/de/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter "Google"). In this context, pseudonymized user profiles are created and cookies (see section 4) are used. The information generated by the cookie about your use of this website is transferred to a Google server in the USA and stored there. This includes:
- Browser type/version
- Operating system used
- Referrer URL (the previously visited page)
- Host name of the accessing computer (IP address)
- Time of the server request
Deactivate Google Analytics.
b) Google AdWords Conversion Tracking
In order to statistically record the use of our website and for the purpose of optimizing our website for you, we also use Google's conversion tracking feature. Google Adwords will place a cookie (see section 4) on your computer if you have accessed our website via a Google ad. These cookies expire after 30 days and are not used for personal identification. If the user visits certain pages of the Adwords customer's website and the cookie has not yet expired, Google and the customer can recognize that the user has clicked on the ad and has been redirected to this page.
6. Plugins und Tools
Analysis by wiredminds
Our website uses tracking pixel technology from wiredminds GmbH (www.wiredminds.de) to analyze visitor behavior.
Data may be collected, processed and stored from which user profiles are created under a pseudonym. Where possible and reasonable, these user profiles are made completely anonymous. Cookies may be used for this purpose. Cookies are small text files that are stored in the visitor's Internet browser and serve to re-recognize the Internet browser. The collected data, which may also contain personal data, is transmitted to wiredminds or collected directly by wiredminds. wiredminds may use information remaining after visits to the websites to create anonymous user profiles. Data obtained in this way will not be used to personally identify the visitor to this website without the separately given consent of the data subject and will not be associated with personal data about the bearer of the pseudonym. If IP addresses are recorded, they are anonymized immediately by deleting the last block of numbers.Exclusion from Tracking
7. Rights of the Data Subject
You have the right:
- To request information about your personal data processed by us in accordance with Art. 15 GDRP. In particular, you may obtain information about the purposes of processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned duration of storage, the existence of the right to rectification, the right to erasure, the right to restriction of processing, the right to object to processing, and the right to lodge a complaint, the source of your data, if not collected by us, and the existence of automated decision making, including profiling and, where applicable, meaningful information regarding the details thereof;
- In accordance with Art. 16 GDRP, to obtain without undue delay the rectification of inaccurate or the completion of incomplete personal data stored by us;
- To request the erasure of your personal data stored by us in accordance with Art. 17 GDRP, unless the processing is necessary to exercise the right to freedom of expression and information, to comply with a legal obligation, for reasons of public interest or to establish, exercise or defend legal claims;
- In accordance with Art. 18 GDRP, to obtain restriction of processing of your personal data if you contest the accuracy of the data, if the processing is unlawful, but you oppose the erasure of the data, and we no longer need the data, but you need it to establish, exercise or defend legal claims, or if you have objected to processing in accordance with Art. 21 GDRP;
- In accordance with Art. 20 GDRP, to receive your personal data that you have provided us with in a structured, commonly used and machine-readable format or to request its transmission to another controller;
- In accordance with Art. 7(3) GDRP, to withdraw the consent you have granted at any time. This means that we are no longer allowed to continue processing the data on which this consent is based in the future and
- To lodge a complaint with a supervisory authority pursuant to Art. 77 GDRP. You generally contact the supervisory authority responsible for your usual place of residence, workplace or our company headquarters.
8. Right to Object
If your personal data is processed on the basis of legitimate interests pursuant to Art. 6(1)(1)(f) GDRP, you have the right to object to the processing of your personal data pursuant to Art. 21 GDRP, provided there are reasons for that result from your particular situation or you are objecting to direct advertising. In the regard to the latter you have a general right to object, which will be implemented without you providing details about your particular situation. If you would like to exercise your right to withdraw your consent or your right to object simply send an email to email@example.com.
9. Data Security
We use the most common SSL (Secure Socket Layer) method in connection with the highest level of encryption supported by your browser. Usually this is a 256 bit encryption. If your browser does not support 256 bit encryption, we use 128 bit v3 technology instead. You can recognize whether an individual page of our website is transmitted in encrypted form by the closed padlock symbol in the lower status bar of your browser. We also use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.
General Terms and Conditions of Sale (GT&C) of Polytec PT GmbH Polymere Technologien
I. General / Coverage
(1) These General Terms and Conditions of Sale and remarks in the contracts to be concluded between us and the customer are applicable exclusively; we shall not recognize contrary conditions from the customer or conditions deviating from these General Terms and Conditions of Sale, except in cases where we have confirmed their validity in writing. These General Terms and Conditions of Sale are also applicable even if despite knowledge of conditions of the customer contrary to or differing from these General Terms and Conditions of Sale, the delivery to the customer is executed without prejudice.
(2) The entirety of all agreements reached between us and the customer relating to the execution of the contract of sale shall be in writing.
(3) Where these General Terms and Conditions of Sale stipulate that matters are in writing, on our part it is sufficient for order confirmations and orders to be sent by telefax or E-mail without a signature.
(4) In the case of contract manufacture, the customer is liable for ensuring that production and/or equipment carried out pursuant to recipes and/or equipment provided by him do not infringe the industrial property rights of third parties. Where applicable, he undertakes to indemnify us from claims made by third parties on first demand.
(5) Our General Terms and Conditions of Sale are only applicable in relation to companies, legal persons under public law and public specific funds as set forth in §14 German Civil Code or respectively § 310 German Civil Code.
II. Product properties, Samples, Manufacturer's Instructions, Consultancy, Offer, Offer Documentation, Contract Conclusion
(1) Our quotations are subject to confirmation, unless the order confirmation contains clauses stipulating otherwise. Based on our General Terms and Conditions of Sale, orders placed with us shall only be deemed contractual after we have confirmed them in writing, or after we have commenced with fulfillment of the contractual work or deliveries. Ancillary agreements and amendments must be confirmed by us in writing.
(2) We are freed of our performance obligation even in case of confirmed orders under circumstances where the delivery or partial delivery is made or becomes impossible by unpredictable obstacles outside our responsibility. Such reasons may be regulatory orders, force majeure or supplies delivered late or faulty.
(3) Documentation relating to offers such as pictures, drawings, as well as weight and measurement specifications, and also samples, in particular liquid and paste samples of materials or granular samples, data in prospectuses or information obtained from any other advertising material does not constitute any agreement on properties within the meaning of §§ 434 paragraph 1 line 1 and line 2 German Civil Code.
Samples are considered to be samples for viewing without obligation. We retain the ownership and copyright of our cost estimates, diagrams and other documentation made available to the customer; they must not be made available to third parties. We agree not to make plans which have been marked as confidential by the customer available to third parties without the customer's consent.
(4) Consultancy provided by our employees and representatives is given upon information and belief. Information and data on the suitability and application of our products for certain processes and purposes are not binding and also do not constitute an agreement on properties within the meaning of §§ 434 paragraph 1 line 1 and line 2 German Civil Code. Due to the different requirements made of our products and the individual conditions they are used in, we can not provide any warranty with regards to the constancy of properties and effectiveness of a product. In any event, the customer is obliged to ascertain the effect and serviceability of the product supplied for his intended use by conducting his own tests.
(5) As the processing conditions and the applications for our products vary greatly, we can only provide general guidelines in our processing instructions. If special requirements are made which are outside the applications and working conditions addressed in the processing instructions, then for the purpose of support, we are prepared to provide further advice; however this does not constitute any legal obligation of any kind on our part. Consumption data in our processing instructions are average figures based on experience.
(6) Polytec PT does not accept any exercise risk, nor furnish any guarantees of any kind, unless an express written agreement pertaining to this has been reached with the customer.
III. Delivery Times
(1) Delivery due dates and delivery times are only binding if they have been expressly agreed. The delivery time commences with the date of our order confirmation, but not before complete clarification of all technical questions pertaining to the order. The latter also applies to delivery dates.
(2) The delivery time shall be considered met if the delivery item has left the factory or if the Customer has been notified of the item being ready for shipment by the delivery due date.
(3) The delivery time shall be extended appropriately in case of labor disputes, especially such as strikes and lockouts, as well as in case of unexpected events outside our influence, provided such hindrances are proven to have a significant influence on the completion or delivery of the delivery item. The same also applies if such circumstances arise affecting our suppliers which have an effect on our supply commitment to the customer. We shall not be held liable for the above circumstances either if they occur during an already existing delay. In important cases we will notify the Customer of the beginning and end of such hindrances as soon as possible.
(4) In case of a delay on our part and after setting a fulfillment period of another 4 weeks, the Customer may rescind the contract or in such cases where the Customer has suffered damages due to a delay caused by us, may claim compensation for the delay excluding any further claims. Such compensation amount to one half of one percent per full week of delay, but may not exceed five percent of the value of that part of the total order which due to the delay could not be used in time or not in the manner contracted for. We are not liable for damages if they would have also occurred in case of timely delivery.
(5) If the shipment is delayed upon request by the Customer, the cost arising in connection with the storage in our factory, but at least one half of one percent of the invoiced amount is charged to him for every month, starting one month after notification of readiness for shipment. If after notifying the Customer of an appropriate waiting period, such time has passed without action, we are entitled to dispose of the delivery item as we see fit and to deliver to the Customer at an appropriately extended delivery time.
(6) Prerequisite for us keeping the delivery time is the Customer's fulfillment of its obligations under the respective contract.
(7) Any claims for damages based on non compliance with delivery times or delivery due dates or non delivery are limited without prejudice to the condition in paragraph (4) to a maximum of twice
the net invoice value of the affected merchandise, providing that the Managing Director(s) or one of our employees is negligently culpable for the delay or the inability to deliver.
IV. Pricing, Payment Conditions
(1) Unless otherwise provided for in the order confirmation, our prices exclude shipping and packaging from Waldbronn or - at our discretion - from the nearest airport. Orders which do not explicitly specify prices are calculated on the basis of the list prices valid on the day of delivery. Prices do not include the legally required Value-Added Tax (VAT or "MwSt"). The VAT shall be itemized separately on the bill at the rate in effect on the billing date.
(2) The Customer shall be deemed in default of payment if he fails to remit payments due the latest within 15 days of receipt of the invoice or any payment-due notice equivalent. Contrary to paragraph (1), the customer shall also be in default in such cases where it is agreed that the sales price is to be paid on a specified date and the Customer fails to remit his payment by that date at the latest. Invoices are due for payment without discount or deductions. Delivery may be made against prepayment or COD, especially for first-time orders or after occurrence of late payments.
(3) Payments shall be considered made only at such time when we have actual access to the monies involved.
(4) The Customer may deduct counter claims from its payments only after they have been determined undisputed and legally binding. In such a case the Customer is also entitled to exercise its right to withhold payment to the extent that its counter claim relates to the same contract.
(5) Without prejudice against further claims by us, the Customer in case of payment default shall pay us interest of 8% above the current base rate of the European Central Bank.
(6) Delivery of open orders may be made depending on timely payment of monies due. If after entering into a contract we learn of circumstances reducing the Customer's creditworthiness, we are entitled to withdraw from the contract and/or without regard for any due dates, demand payment for or immediate release of merchandise already delivered.
V. Risk Assignment, Insurance, Packaging
(1) The risk is assigned to the Customer at the latest at the time of shipment of the delivery item; this also applies in case of partial delivery and if we have provided other services, such as paying the shipping cost or have handled delivery and installation. Upon Customer's request and at his expense, we can insure shipment against theft, breakage, freight, fire and water damage and various other coverable risks.
(2) If the shipment is delayed due to circumstances within the Customer's responsibility, the risk is assigned to the Customer beginning with the date the order is ready for shipment; but we must if requested by the Customer at Customer's cost procure such insurance coverage as he demands.
(3) Delivery must be taken of items delivered, even if they have minor flaws, without prejudice to his rights in Article VII.
(4) Partial deliveries shall be permitted unless the Customer can prove that the partial delivery represents an unreasonable imposition.
(5) No transport or any other packaging meeting the German Packaging Act will be taken back. The Customer is obligated to effect the disposal of any such packaging at his own expense.
(1) Up to such time as all monies due from the supply contract have been received, we reserve the right of ownership of the delivery item. This title also remains in case of our receivables arising from any other ongoing business relationship with the Customer and up to such an amount as we are entitled to based on the current purchase has been settled.
(2) Furthermore, the Customer is obliged to insure the delivery item adequately at replacement value at his own expense against fire, water, theft and other damages. If the customer can not provide proof of having purchased the appropriate insurance, we are entitled to insure the delivery item accordingly at the Customer's expense.
(3) The customer may sell the delivery item within the framework of his enterprise in return for payment, however many not mortgage it, nor transfer its ownership as security to third parties or in any other manner dispose of it to the detriment of the retained title.
(4) In the case of liens or any action brought by third parties, the Customer must inform us immediately in writing, in order to enable us to file suit pursuant to §771 Code of Civil Procedure. Inasmuch as such third party is unable to reimburse us for the court or out of court cost of said suit filed pursuant §771 Code of Civil Procedure, the Customer shall be liable for any damages we have thereby incurred.
(5) In the event of the Customer selling the reserved merchandise or the product produced with it, the Customer now at the present time and without the requirement for a separate agreement for each individual occurrence assigns to us the title to the receivables arising against third parties from such sale to the gross amount invoiced (including VAT) for our receivables, regardless of whether the merchandise/product was sold with or without any processing. The Customer shall retain the right to collect such receivables even after the assignment. This shall not preclude our right to collect the receivables ourselves. However, we agree not to collect the receivables as long as Customer meets its payment obligations arising from the income collected and does not incur any delays and especially does not file for insolvency and has not stopped making payments. If this is the case, we can demand that the Customer discloses to us the assigned receivables and the corresponding debtors, provides all data necessary for collecting them, turns over all related documents, and notifies the debtors (third parties) of that assignment.
(6) In case of any violation of the contract through the Customer, especially payment default, after issuing a reminder with a fulfillment period, we are entitled to repossession and the Customer is obligated to release the merchandise. The Customer shall carry any and all cost incurred in the course of such repossession or release. Neither enforcement of a property title by us nor mortgaging the delivery item by us constitutes a withdrawal from the contract.
VII. Warranty claims
We shall be liable for faulty merchandise delivered by us as follows, barring any additional claims and notwithstanding Article VIII:
(1) The delivery item shall be repaired or replaced as we see fit and at our discretion if it proves to be unusable or its usefulness has been severely impaired within 12 months of risk assignment due to a circumstance originating before risk assignment. We must be notified in writing immediately of any such faults being determined. However, to maintain his entitlement to replacement, the Customer must notify us at the latest within 10 days of delivery in writing of obvious faults and such faults apparent by inspecting the delivery item after delivery. The foregoing provisions also apply to partial deliveries. Slight deviations usual in commercial practice in manufacture or coloration do not constitute faults.
(2) If two attempts we make at correction fail, then the customer is, at his discretion, entitled to either demand a price reduction or to withdraw from the contract.
(3) There will be no warranty for damages occurring due to the following reasons:
A. Unsuitable or improper processing or use of the delivery item, careless or improper processing or use by the Customer or a third party leading to damages, as well as chemical, electrochemical or electrical influences or other influences which would have a detrimental effect on the delivery item, provided we have not caused them.
B. Processing or using material which is out of date.
(4) After communicating with us, the Customer must allow us the required time and opportunity for performance of all repair and replacement deemed necessary in our reasonable discretion, otherwise we shall not be liable for any deficiencies.
(5) Measures taken limit damages – such as immediate dispatch of replacement goods in the case of a suspected fault – are not considered to be acknowledgment of a fault. By negotiating on possible claims we do not waive the right to raise the objection that the claim for a fault was not timely, was not factually substantiated or was otherwise inadequate.
(6) Expenses necessarily incurred for repair and/or replacement, such as transport, travel, labor and material are carried by us, whereby it remains within our discretion in each case to determine the most cost effective solution. This obligation does not cover excessive cost caused by the delivery item after its delivery having been moved to a location other than the residence or the business site of the customer, unless such transport corresponds to the intended purpose of the item.
(7) The warranty period for the replacement part extends from the shipment of the replacement part to the end of the original warranty of the delivery item.
(8) The above mentioned limitations to liability for faults do not apply if we have fraudulently concealed a fault or have issued a guarantee, which however can only be effected with express written permission from us.
(9) If a delivery item is returned to us during the warranty period, and within the course of the examination for faults, we ascertain that the fault has not been caused by us, we will make the customer an offer to supply a new delivery item, subject to these General Terms and Conditions of Sale. In this case, the cost of fault diagnosis are to be borne by the customer - providing the case does not fall under the warranty.
(10) The statutory limitation deadline for claims for faults is 1 year without prejudice to §§ 438 line 1 item 1 and item 2 as well as without prejudice to §§ 478, 479 German Civil Code and providing not otherwise expressly agreed. The period of limitation starts with risk assignment.
(1) If based on legal requirements subject to these conditions, we have to accept responsibility for damages caused by simple negligence, our liability shall be limited as follows:
Liability applies only in case of a violation of essential contractual obligations and is limited to typical damages as could be foreseen at the time of entering into the contract, however a maximum of twice the net invoice value of the affected merchandise. This limitation does not apply in case of loss of life, bodily injuries and health damage. Inasmuch as the damages are covered by an insurance purchased by us for that specific incident (except for blanket insurance), we are only liable for disadvantages suffered by the Customer in connection with the damages such as, for example, increased insurance premiums or interest losses up to the payment of damages by the insurance.
No liability shall apply for damages caused by faulty delivery item due to minor negligence.
(2) Independently of whether we are at fault or not, any liability we have in the case of malicious concealment of the fault, in case arising from the assignment of warranty or a procurement risk and pursuant the Law on Product Liability remains unaffected by this.
(3) Liabilities relating to delivery delays are dealt with in their entirety in Paragraph (4) of Article III.
(4) In cases where our liability for damages is excluded or limited this is also applicable for the personal liability of our employees, workforce, staff members, representatives and vicarious agents. In any case, any liability for damages is limited to the predicable, typical damage incurred, however to a maximum of twice the net invoice value of the affected merchandise.
(5) Further claims are excluded, especially claims due to damages causing loss by improper use of the delivered item.
(6) Special information:
Polytec PT is not manufacturer, but distributor of adhesives and sealing compounds from Cotronics Corp., AOS Thermal Copounds, Resin Designs LLC and ASI Adhesive Systems Inc. For this reason, Polytec PT does not conduct any tests on the product. The final testing conducted by the manufacturer shall prevail. It is incumbent on the customer to test the product supplied by Polytec PT for the product properties which had been contractually specified and for possible applications. Polytec PT cannot guarantee and advocate that the adhesives and sealing compounds have not been used causing damage.
IX. Export and Customs
(1) Certain goods are subject to German and/or US-American export regulations. It is the Customer's responsibility to abide by such regulations in case of a sale to a foreign country.
(1) If any one or more of the conditions set out in these General Terms and Conditions of Sale should be or become invalid, it shall be replaced by a valid clause or interpretation which corresponds to or most closely resembles the invalid one in its economic result. The validity of our remaining General Terms and Conditions of Sale shall not be affected.
XI. Place of Performance and Jurisdiction, Applicable law
(1) Place of performance for both parties is 76307 Karlsbad, Germany.
(2) For both parties, the place of jurisdiction for all disputes arising directly or indirectly from this contract is Karlsruhe; this also applies to suits filed in conjunction with receivables from bills of exchange and checks. We also reserve the right to file suit at any other place of jurisdiction where the Customer can be sued.
(3) This contract is subject to the laws of the Federal Republic of Germany. UN Commercial Laws (CISG) shall not apply.
Polytec PT GMBH Polymere Technologien
Ettlinger Str. 30, D-76307 Karlsbad
Tel. 07243 604-4000 · Fax 07243 604-4200 · E-Mail firstname.lastname@example.org
Status: February 14, 2018