Terms and Conditions (B2B)

Contents

1. § 1 Scope
2. § 2 Quotes and conclusion of contract
3. § 3 Prices and payment
4. § 4 Delivery, condition of the parts, cooperation
5. § 5 Execution, colours, coating thicknesses, tolerances
6. § 6 Delivery time, collection, storage
7. § 7 Transfer of risk, transport, packaging
8. § 8 Acceptance, notice of defects, warranty
9. § 9 Liability
10. § 10 Lien and right of retention
11. § 11 Final provisions

Download terms as PDF (German)

§ 1 Scope

(1) These General Terms and Conditions (T&C) apply to all quotes, orders, services and deliveries of Herrmann Industrielackiererei GmbH, Gitschiner Str. 20-22, 10969 Berlin (hereinafter “Contractor”), in particular to the surface coating, pre-treatment, paint stripping and blasting of workpieces provided by the Client (contract coating).

(2) They apply exclusively to entrepreneurs (§ 14 BGB), legal entities under public law and special funds under public law.

(3) Deviating, conflicting or supplementary terms and conditions of the Client do not become part of the contract, even if the Contractor does not expressly object to them or performs services without reservation in the knowledge of such terms. They apply only if the Contractor agrees to them in writing.

(4) These T&C, in their respective current version, also apply to all future transactions with the Client without the need for renewed reference to them. The current version is available at www.herrmannlack.de/en/terms.html.

§ 2 Quotes and conclusion of contract

(1) The Contractor’s quotes are subject to change and non-binding unless they are expressly designated as a fixed price or as binding. Written quotes are valid for 30 days. Before placing the order, the Client must check the quote for correctness and completeness (quantity, dimensions, material, colour, process).

(2) Quotes are based on the Client’s information, drawings, samples and quantities. If the parts actually delivered deviate from these (e.g. surface, geometry, weight, soiling, quantity per batch), the Contractor is entitled to adjust the price or to refuse execution.

(3) A contract is concluded by written order confirmation (including by email) or by commencement of execution. The handover of the parts with a delivery note or accompanying document is deemed an order on the terms of the most recently submitted quote or, failing that, at the Contractor’s current prices.

(4) Verbal collateral agreements and assurances by employees are only effective if the Contractor confirms them in writing.

(5) Separate remuneration may be charged for sample coatings, colour samples and first-article samples.

§ 3 Prices and payment

(1) All prices are net ex works Berlin plus statutory VAT, excluding packaging, transport and insurance.

(2) The minimum order value stated in the quote or in the current price list applies. A set-up or colour-change surcharge may be charged for colour changes, custom colours (not stock colours), textured paints, effect and metallic powders. Coating materials procured specifically for the order that are not used may be invoiced to the Client in the minimum container size.

(3) The following in particular are not included in the price and are charged separately: taping and covering of functional surfaces, threads and holes, unless expressly quoted; removal of old coatings, rust, flash rust, mill scale, welding residues, silicone or grease beyond the usual extent; cleaning, sanding, re-blasting and the making of missing holes and hanging points; rework due to defective parts of the Client; rush and special shifts. For deliveries without a delivery note or without clear allocation to the order item, a handling fee of €20 net is charged.

(4) If material, energy or labour costs increase substantially between conclusion of the contract and execution, and execution takes place more than 4 months after conclusion of the contract, the Contractor is entitled to adjust the prices appropriately, unless a fixed price has been agreed.

(5) Unless otherwise agreed in writing, invoices are payable without deduction immediately upon receipt, at the latest within 7 days. A cash discount is only granted if agreed in writing in advance. Payments are made exclusively to the Contractor’s business account; other methods of payment require written agreement. For new customers, the remuneration is payable before or upon collection of the finished parts. For one-off orders and orders of larger scope, the Contractor may request a down payment.

(6) Upon expiry of the payment term, the Client is in default without a reminder. Default interest of 9 percentage points above the base rate and the lump sum pursuant to § 288(5) BGB apply. Further claims remain reserved.

(7) In the event of default in payment or justified doubts about solvency, the Contractor is entitled to perform further services only against advance payment and to refuse to release processed parts until payment has been made in full.

(8) The Client may only set off undisputed or legally established claims. The Client is only entitled to a right of retention on account of claims arising from the same contractual relationship.

§ 4 Delivery, condition of the parts, cooperation

(1) The Client delivers the parts at its own cost and risk free to the works in Berlin during goods-receiving hours, with a delivery note stating the quantity, material, required colour (RAL or sample), gloss level, process and delivery date. The parts must be delivered and labelled in such a way that it is clearly recognisable which parts belong to which order item.

(2) The parts must be suitable for coating. In particular, the Client ensures that they are free of silicone, release agents, waxes, adhesive residues, adhesive-tape residues, marking paints, welding spray, rust and mill scale, that blasted parts show no flash rust, that cavities have sufficient venting, drainage and hanging holes or suitable hanging points, that weld seams are tight and closed, and that the parts, including all parts connected to them, withstand temperatures of up to 230 °C.

(3) The Client shall notify the following in writing: material and alloy, pre-coatings or galvanizing, functional surfaces, fits, threads and dimensions that must remain free or be maintained, non-heat-resistant built-in components (e.g. plastic, seals, electronics), as well as special requirements (corrosivity category, standards, customer specifications, test certificates).

(4) For wood-based materials (e.g. MDF) and plastics, the following applies in addition: the Client guarantees a quality, edge condition and residual moisture suitable for coating. Swelling, edge breakouts and outgassing resulting from the material properties are not the responsibility of the Contractor.

(5) Upon delivery, the quantity is only recorded by packages or containers. The Contractor does not owe an individual count or an incoming inspection for condition, dimensional accuracy or deviations from the order. If the delivery deviates from the order, this is deemed an amendment to the order; the parts are processed in accordance with the other specifications of the original order and charged according to the actual scope. The Contractor’s count is decisive for the quantity upon return delivery, unless the Client objects upon taking over the parts.

(6) If parts are not suitable for coating, the Contractor may refuse execution or, after consultation, carry out the necessary preparatory work against separate remuneration. Expenses for inspection and handling already carried out are charged.

(7) When placing the order, the Client must state the place and type of intended use, in particular use outdoors or in wet areas, near the coast or in an aggressive atmosphere, contact with chemicals or foodstuffs, and particularly heavy mechanical stress (e.g. floor plates, treads). If this information is not provided, the Contractor carries out a coating for indoor use; damage resulting from use deviating from this is not a defect.

§ 5 Execution, colours, coating thicknesses, tolerances

(1) The Contractor carries out the coating in accordance with the generally recognised rules of technology and the processing specifications of the coating material manufacturers. It selects the process, pre-treatment and coating material at its own discretion, unless otherwise agreed in writing.

(2) Colours are applied according to RAL, NCS or a sample approved by the Client. Minor, technically unavoidable deviations in colour, gloss level and texture, in particular between different batches, deliveries, coating processes (powder/wet paint) and substrates, as well as deviations in effect and metallic colours, are permissible and do not constitute a defect. If colour consistency across several deliveries is important, the Client must notify this in writing in advance and place the total requirement in a single order.

(3) The surface is assessed in diffuse daylight from a viewing distance of at least 3 m for exterior surfaces and 1 m for interior surfaces, at an angle of approximately 60° to the surface. Only defects recognisable under these conditions are relevant.

(4) Coating thicknesses are applied in accordance with the quote or data sheet. At edges, inside corners, in holes, cavities and at areas that are difficult to access (Faraday effect), coating thicknesses may, for technical reasons, fall below or exceed the specified values.

(5) Hanging points and contact points remain uncoated or show marks; the Contractor chooses them at non-visible locations where possible. If certain surfaces are to remain free, the Client must mark them in the order or on the drawing.

(6) The coating increases the dimensions of the parts by the coating thickness. The Contractor only owes dimensional accuracy of fits, holes and threads if masking has been ordered in writing. Heat-related distortion of thin-walled, asymmetrical or stressed parts is not a defect of the coating.

(7) In the case of hot-dip or electro-galvanized parts (duplex), anodised parts, castings and cast aluminium, stripped, pre-coated and blasted parts with joints, folds or laminations (e.g. door frames), adhesion problems, outgassing, blisters, craters and pores may occur even with careful processing. Aluminium parts may distort in the curing oven due to production-related stresses, material composites or weld seams; built-in plastic bars may cause cold bridges and surface defects. The Contractor is only liable for these phenomena if it has expressly undertaken the causal pre-treatment and this was performed defectively.

(8) The Contractor is entitled to render partial services and partial deliveries and to have services performed by qualified third parties (e.g. blasting, galvanizing).

(9) During blasting, pickling, paint stripping and curing, deformation of or damage to thin-walled or previously damaged parts may occur even with careful processing. Blasted parts that are not coated may develop flash rust again within a short time due to humidity; they must be collected immediately after notification of completion. Flash rust resulting from late collection is not a defect.

(10) The Contractor only applies colours not held in stock, custom colours and fluorescent colours by separate agreement; procurement costs and small-quantity surcharges are borne by the Client (cf. § 3(2)).

§ 6 Delivery time, collection, storage

(1) Delivery and completion dates are non-binding unless they have been expressly promised in writing as binding. Periods only begin once the parts have been delivered complete and suitable for coating, all information pursuant to § 4 has been provided and agreed down payments have been received.

(2) Force majeure and disruptions for which the Contractor is not responsible (e.g. equipment failure, energy supply, delayed delivery of coating materials, strikes, official measures) extend the periods by the duration of the disruption plus a reasonable start-up period.

(3) If the Contractor is in default, the Client may withdraw from the affected part of the contract after expiry of a reasonable grace period set in writing. Damages for default are limited in accordance with § 9.

(4) Finished parts must be collected or accepted within 5 working days of notification of completion. Thereafter, the Contractor stores them at the risk and expense of the Client and may charge a storage fee customary in the locality. It is entitled to move the parts to an external warehouse in Berlin or Brandenburg or to ship them to the Client at the Client’s expense; in that case, the actual storage, relocation and shipping costs must be reimbursed.

(5) If parts are not collected within 3 months of notification of completion despite a request and the setting of a deadline, the Contractor is entitled, after prior warning, to realise or dispose of them at the Client’s expense and to offset the proceeds against outstanding claims.

§ 7 Transfer of risk, transport, packaging

(1) The risk passes to the Client upon notification of completion and provision for collection, at the latest upon handover to the Client, a forwarding agent or carrier. This also applies if the Contractor undertakes the transport with its own vehicles.

(2) Transport by the Contractor is charged separately. The Contractor only takes out transport insurance at the express request and expense of the Client.

(3) Packaging is carried out at the Contractor’s discretion in the customary commercial manner, preferably in the packaging used for delivery. Special packaging (e.g. individual packaging, film, edge protection) is charged separately. Loaned pallets and mesh box pallets must be exchanged or will be charged.

(4) Transport damage must be noted on the consignment note immediately upon taking over the goods and reported to the Contractor in writing without delay.

§ 8 Acceptance, notice of defects, warranty

(1) The work is deemed accepted if the Client collects or accepts the parts and does not give written notice of material defects within 7 working days, but at the latest upon further processing, assembly or onward delivery.

(2) The Client must inspect the parts without delay after taking them over. Obvious defects, short deliveries and incorrect deliveries must be notified in writing within 7 working days, and hidden defects without delay after discovery, stating the order, quantity and nature of the defect (with photos where possible). Defects not notified in due time are deemed approved.

(3) Parts complained about must be kept available for inspection in the condition at the time of the complaint and must not be further processed, assembled or delivered. Rework by the Client or third parties without the Contractor’s consent excludes claims for defects, unless the rework was urgently required to avert disproportionately large damage.

(4) In the event of a justified complaint, the Contractor provides subsequent performance at its option by repair or recoating (if necessary after paint stripping). If subsequent performance fails twice, the Client may reduce the remuneration for the affected parts or withdraw from the contract to that extent.

(5) The following in particular are not defects: insignificant deviations from the agreed quality and the permissible deviations described in § 5; damage caused by unsuitable parts or incorrect or missing information from the Client (§ 4); damage after transfer of risk caused by improper assembly, storage, cleaning, mechanical stress, aggressive media, defective construction work or natural wear and tear; corrosion originating from areas that cannot be coated (cavities, edges, cut surfaces, holes).

(6) Coated parts may only be cleaned in accordance with the specifications of the coating material manufacturer (as a rule with neutral, water-based cleaners without solvents or abrasives). The Contractor provides cleaning and care instructions on request.

(7) The Contractor only gives guarantees for the duration of corrosion protection or for colour or gloss retention if these have been expressly agreed in writing as a guarantee.

(8) Additional expenses of subsequent performance, in particular transport, travel, labour and material costs, arising from the fact that the parts were taken to a location other than the Client’s place of business after delivery, are borne by the Client, unless this corresponds to the agreed intended use.

(9) Claims for defects become time-barred 12 months after acceptance. This does not apply where the law mandatorily prescribes longer periods, in particular for buildings and items for buildings (§ 634a(1) no. 2, § 438(1) no. 2 BGB), in cases of intent, gross negligence, fraudulent intent and injury to life, body and health.

§ 9 Liability

(1) The Contractor is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz) and to the extent of an expressly assumed guarantee.

(2) In the event of a slightly negligent breach of a material contractual obligation (cardinal obligation, i.e. an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the Client may regularly rely), liability is limited to the damage typical for the contract and foreseeable at the time the contract was concluded. Otherwise, liability for slight negligence is excluded.

(3) For damage to, loss of or unusability of the parts provided by the Client, the Contractor is liable in cases of slight negligence only up to three times the net order value of the affected order. If the value of the parts provided considerably exceeds this amount, the Client must state the value in writing before placing the order; the Contractor may then take out separate insurance at the Client’s expense or decline the order.

(4) Liability for indirect and consequential damage, in particular loss of production, loss of profit, contractual penalties towards third parties and removal and installation costs, is excluded in cases of slight negligence, unless paragraph 1 applies.

(5) Parts provided are stored during processing at the Client’s risk. The Contractor does not insure them against fire, water, theft or other risks; this is the responsibility of the Client.

(6) The above limitations of liability also apply in favour of the Contractor’s legal representatives, employees and vicarious agents.

§ 10 Lien and right of retention

(1) The Contractor has a lien on the Client’s parts that have come into its possession on account of its claims arising from the order (§ 647 BGB). The lien may also be asserted on account of claims arising from previously executed orders insofar as they are connected with the subject matter of the order; for other claims arising from the business relationship, it applies only insofar as these are undisputed or legally established.

(2) If the parts are not owned by the Client, the Client hereby grants the Contractor a contractual lien or its expectant rights in the parts to the same extent and assigns to the Contractor its claims against the owner for surrender to that extent.

(3) If the Client is in default of payment, the Contractor may, after giving notice with a period of two weeks, realise the pledged item in accordance with the statutory provisions.

(4) Coating materials, accessories and packaging supplied by the Contractor remain its property until payment has been made in full.

§ 11 Final provisions

(1) The Contractor treats the Client’s drawings, samples and technical documents confidentially. With the Client’s consent, it may use photos of the processed parts as references.

(2) The Contractor processes the Client’s personal data exclusively for the performance of the contract and in accordance with the GDPR. The privacy notice is available at www.herrmannlack.de/en/privacy.html.

(3) The place of performance for all services is Berlin. The exclusive place of jurisdiction for all disputes arising from the business relationship is Berlin, provided the Client is a merchant, a legal entity under public law or a special fund under public law. The Contractor is also entitled to bring an action at the Client’s general place of jurisdiction.

(4) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(5) Should individual provisions of these T&C be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provision.

Version: September 2026