terms and conditions

We make the yarn fit

Sales and Delivery Conditions

I. Scope and Protective Clause

1. These Sales and Delivery Conditions are applicable to any current and future business relationship between our company and customers. By placing an order with Filtec-Precise, Inc., the customer is obliged to acknowledge and accept these Sales and Delivery Conditions.

2. Deviating, contrary or supplementary Sales and Delivery Conditions of the customer shall not become part of the contract unless approved in writing.

II. Offers

1. Our offers are subject to change. Any agreements, in particular ancillary verbal agreements, commitments, guarantees and other warranties made by our sales clerks shall only become binding on our written approval.

2. Statements made in Filtec-Precise, Inc. advertising materials should not be considered a specification or guarantee for the goods ordered unless explicitly specified in writing.

3.  Deviations of the delivered goods from the offer, samples, test samples or advance consignments are admissible according to the requirements of the applicable German Institute for Standardization (“DIN”), EN standards, or other relevant technical standards.

III. Prices

1. Our prices do not include the price of packaging and value added tax (“VAT”) unless otherwise agreed. Reshipment of a package and tubes shall be at the Buyer’s expense. The tubes must be returned in clean condition and free from any scraps or fibers. The Buyer is responsible for the costs associated with any nonconformity.

2. Prices may be revised after a binding contract has been agreed upon if after four months from the signing of the contract, the delivery of the goods becomes more expensive due to public duties, freights, legal expenses, wages or material costs, or any change of costs associated with the delivery of an order.

IV. Payment and Accounting

1. Our invoices are due within 10 days from the date of the invoice. A Buyer who fails to pay an invoice on time will be in default. Filtec-Precise, Inc. will not issue a reminder of payment to the Buyer.

2. Discounts due to cash payments are inadmissible unless otherwise agreed in writing.

3. Any Buyer disputes, which are contested by Filtec-Precise, Inc., shall not give the Buyer the right of retention or to offset claims or costs.

4. If the Buyer is in default on his/her payment, we may charge interest on the amount due at 15% starting from the date of default. We reserve the right to claim other damages due to default.

V. Dates and Terms of Delivery

1. Dates and terms of delivery are met if the order has left our company by the expiry date.

2. In cases of industrial disputes such as strikes, lockouts, or any other unforeseeable hindrances outside of our control, the terms of delivery of the order may be appropriately adjusted. This provision also refers to circumstances involving sub-contractors. The Buyer shall be notified of such circumstances immediately. If an extended delivery date becomes unacceptable to one of the parties, then the concerned party may withdraw from the contract.

VI. Reservation of Proprietary Rights

1. All delivered goods shall remain our property until the fulfillment of all obligations from the Buyer.

2. The Buyer may sell these goods in the regular course of business as long as he/she has fulfilled all obligations to Filtec-Precise, Inc.

4. It is always the Buyer’s task to process the goods subject to retention of title for us. If the goods subject to retention of title are processed or inseparably mixed with any other items than ours, we acquire the co-ownership of the new thing in the ratio of the invoice value of the goods subject to retention of title to the other processed or mixed goods at the time of processing or mixing. If our goods are combined or inseparably mixed with other movable items to form a complete whole and the other item is to be regarded as the main thing, the Buyer shall transfer to us a proportional co-ownership if he/she is the owner of the main thing. The Buyer shall keep the property or co-ownership for us. In all instances, the item resulting from the processing, connection and/or mixing is subject to the provisions retention of title.

5. The Buyer shall notify us immediately of any compulsory enforcement measures taken by a third party with regard to the goods subject to retention of title, assignment of claims, or any other securities handing over the required documents for the intervention. This also applies to any adverse effects.

6. If the value of the provided securities exceeds the secured claims by a total of 20%, we are obliged to release any securities at our own option upon the Buyer’s request.

VII. Shipment and Passing of Risk

1. When handing over the goods to a forwarding agent, freight carrier, or, in case of third-party deals, the supplier, the risk is passed over to the Buyer including carriage-free and delivered-free shipments. Insurance for the delivery of the goods will only be provided if requested and paid for by the Buyer.

2. When reasonable, we may ship the goods to the Buyer in parts.

3. In case of call orders, we may completely manufacture or arrange to manufacture the entire order at once. Any requests for changes cannot be taken into consideration after the order has been placed unless explicitly agreed upon. Call order dates and quantities are subject to our delivery and manufacturing capabilities. If the goods are not called for according to the contract, we may ship and invoice the balance of the Buyer’s order within a reasonable time frame.

4. Filtec-Precise, Inc. reserves the right to return at the Buyer’s expense any or all consignment materials (twisted or flat) if the material has been in our warehouse over one year. We shall notify the Buyer in advance of any consignment return with the option to to scrap the material on our premisses rather than incur the freight expense.

VIII. Warranty, Limitation of Time

1. Within 2 weeks of receipt of the goods, the Buyer shall notify us in writing of any defect. If the Buyer fails to notify us of any defect, then the Buyer waives any warranty claims. The Buyer has the sole responsibility of producing evidence of the defect.

2. In the case of legitimate defects, we have the duty of supplementary performance, excluding the Buyer’s rights to self-remedy, to withdraw from the contract or to reduce the payment, unless we are entitled to refuse a supplementary performance due to legal restrictions. The supplementary performance may be an elimination of the defect (subsequent improvement) or an additional delivery according to the Buyer’s preference. In the case of legitimate defects, we shall bear the necessary costs. If the supplementary performance has failed, the Buyer may withdraw from the contract.

3. If the Buyer decides to withdraw from the contract due to a defect after a failed supplementary performance, then he/she is not entitled to claim damage for the defect. If the Buyer decides to claim damage after a failed supplementary performance, the Buyer’s claim is restricted to the difference between the order value and the value of the defective product. In the case of commission converting, we are only liable for the value of our converting charges.

4. There is a 1 year warranty starting at the date of the delivery of the goods.

IX. Copyrights

1. We reserve the property right and copyright to estimates, drafts, drawings and other documents. Third parties may only have access upon our written approval. Order-related drawings and other documents must be returned upon request.

2. When we have delivered goods based on drawings, models, samples or other documents provided by the Buyer, the Buyer shall grant that the trademark rights of any third party associated with the other documents have not been infringed. If a third party alleges the goods infringe his/her trademark rights and refuses to give us permission to fulfill the order, then we may cease any further activity and maintain a claim for damages as to the Buyer. The Buyer shall indemnify us for any damages, included legal fees, associated with any third-party claims of trademark infringement.

X. Place of Fulfillment, Venue and Applicable Law

1. Place of fulfillment for our deliveries is our facility.

2. Legal relations between Filtec-Precise, Inc. and buyers, including foreign buyers who have their registered office outside the United States of America, shall be governed by the laws of the United States of America.

3. Place of venue for all actions and claims between the contracting parties shall exclusively be the State of North Carolina. This shall also refer to all actions filed against us by foreign buyers or Filtec-Precise, Inc. actions filed against foreign buyers.

XI. Severability Clause

1. If one of these provisions becomes invalid, the validity of the other provisions shall not be affected. The invalid provision shall be replaced by another one expressing the intention of the parties as close as possible.

As per September 01, 2011, valid for Filament-Technik Gesellschaft für technische Garne m.b.H. & Cie. KG in Baesweiler and Kamenzer Zwirnerei GmbH.