RoHS (Restriction of the use of certain hazardous Substances) is the directive for restricting the use of certain hazardous substances in electrical and electronic equipment.
We confirm that our products are RoHS 2011/65/EU compliant.
REACH regulation (EG Nr. 1907/2006)
We adhere to the December 18, 2006 European Commission (EC) regulation 1907/2006 (REACH).
The products we purchase from our suppliers do not contain materials from the SVHC list (substances of very high concern) dd. June 10th, 2022 in a concentration of more than 0.1% mass.
General Sales Terms
The following terms and conditions of BORN MATERIALS GmbH shall apply to all current and future deliveries by BORN MATERIALS GmbH and they are hereby accepted by the customer with the order, even if they are not expressly referenced. Contradicting or deviating terms and conditions of customer attached to the order are not applicable, even if BORN MATERIALS GmbH has not explicitly objected. Amendments of the terms and conditions shall only be binding if explicitly confirmed in writing by BORN MATERIALS GmbH.
Offers are non-binding and subject to confirmation. Supply contracts shall be binding upon BORN MATERIALS GmbH confirming the purchase order and / or upon performing delivery of the goods.
§3. Passing of Risk
Term of delivery according to the actual Incoterms apply.
§4. Delivery Dates
4.1. Delivery dates are non-binding,
4.2. Part deliveries are permissible unless they are expressly prohibited.
4.3. In cases of force majeure or other unforeseeable impediments which cannot be overcome by reasonable expenditure and for which BORN MATERIALS GmbH is not responsible, the delivery periods are reasonably extended.
5.1. Unless otherwise agreed, payments must be made in due time and without deduction.
5.2. The customer shall only be entitled to the rights of set-off or retention, if its counter-claims are conclusively adjudged, undisputed or accepted by BORN MATERIALS GmbH.
§6. Reservation of Title
6.1. BORN MATERIALS GmbH retains title to the goods supplied until payment in full of all claims resulting from the ongoing business relationship with customer.
7.1. The statements contained in catalogues, brochures, circulars, advertisements, illustrations and comparable publicly made promotional declarations about performance, dimensions, weights, prices and the like are non-binding, unless they are expressly made an integral part of a contract.
7.2 BORN MATERIALS GmbH assumes liability for defects of the goods supplied (acc. to § 434 BGB). Goods showing a material defect within the limitation period shall at BORN MATERIALS GmbH's option be repaired or supplied new. BORN MATERIALS GmbH is entitled to undertake several repair attempts as far as reasonably acceptable for the customer. Material defect claims shall be statute-barred 12 months after delivery.
7.3. The liability for defects of the goods expires if the customer alters, treats or uses the goods wrongly or treats or uses the goods contrary to the instructions.
7.4. If the reworking. is unsuccessful, the customer can at its option demand a reduction of the purchase price or the rescission of the contract. In the case of only slight defects, the customer has no right of withdrawal.
7.5 Statements and information about suitability, application and use of the contractual topic are non-binding and for information only. The customer remains obligated to perform his investigations.
§8. Examination and Defect-notification Obligation
8.1. The customer must examine the goods after receipt without delay. If a defect is apparent, BORN MATERIALS GmbH is to be notified without delay. The defect notification period is 14 days and ends with BORN MATERIALS GmbH’s receipt of a written notification.
8.2. BORN MATERIALS GmbH’s liability expires if the customer does not comply with the obligations outlined in 8.1.
§9. Law and Jurisdiction
The supply contract concluded by BORN MATERIALS GmbH with the customer shall be governed by and construed according to German law. The application of the UN sales law (CISG) and EC law is excluded.
Place of jurisdiction for both parties is the registered place of business of BORN MATERIALS GmbH.
In case individual clauses of these terms are or become invalid, this shall not affect the validity of the otherclauses of these terms and conditions.