General Finishing Terms and Conditions of Emstex Textilveredelung GmbH
1. equipment instructions
These must be kept clear and complete in accordance with the pre-printed information, as the outfitter accepts no liability for differences and damage resulting from inaccurate and incorrect information.
2. dyeing and finishing samples
These must match the fabric quality of the goods to be finished in terms of setting and yarn numbers and must be at least 10 x 12 cm in size.
3. delivery periods
Unless expressly guaranteed in writing by the supplier, prescribed delivery periods are not binding. The delivery period shall commence in each case with the arrival and acceptance of the raw goods at the supplier's premises and on presentation of faultless finishing instructions with dyeing and finishing samples in accordance with the regulations.
4. raw material control
The raw material must be 100 % inspected and delivered with an inspection report. The finisher does not assume any obligation to check the raw material and therefore also no guarantee for the correct raw size of the delivered goods and any defects in the raw material. Defects in the raw material, if they become apparent in the course of processing, shall only be notified by the supplier upon completion of the finished goods.
5. goods with coloured effects
In the case of goods with coloured effects, the supplier shall only guarantee correct treatment, but not the durability of the colours.
The supplier accepts no liability or warranty whatsoever for defects which are attributable to faults or the special nature of the raw material or which are asserted in relation to goods which have already been cut to size, subsequently embroidered or further treated by a third party.
Recolouring and finishing of already pre-treated goods will be charged at full price, but without any guarantee by the finisher for failure and durability.
Complaints which are based on a demonstrable fault of the finisher and which do not fall outside the liability of the finisher for the aforementioned reasons must be made no later than 8 days after delivery of the finished goods, otherwise waiver of a claim for compensation shall be assumed. Incorrect finishing failures of the goods generally only justify a claim for rectification. Cut-up or made-up goods will not be taken back under any circumstances, nor can claims for compensation for make-up wages, loss of use, etc. be considered or recognised.
In any case, the goods shall be deemed to have been found to be correct, inspected and approved by the principal upon receipt of the dispatch instructions.
7. valuation of goods
For defective goods or dimensional differences exceeding the short measure, which are due to gross defects resulting from manipulation, only the proven raw goods price shall be remunerated. In the event that this proof is not possible, the average wholesale price valid on the day of delivery of the raw goods shall be taken into account.
8. width and length measurements
The supplier shall endeavour to achieve the prescribed width and length dimensions as far as possible, without, however, being able to give a guarantee in this respect. The width tolerance is 3 %, short measure 5 %; for shrinkage goods correspondingly more.
For all other goods, oversize is not guaranteed. In the case of articles which usually result in oversize, an obligation to deliver a certain percentage oversize can be accepted.
Remnants which are cut from the piece due to material defects must be accepted and count towards the delivery size; however, a reduced facon wage will be charged for this.
For the risk assumed by the supplier, which naturally arises during the finishing process of the goods, the remnants which necessarily fall off in the process remain with the supplier.
10. stain and finishing damage
A damage charge may not be made if a standard piece of 60 metres shows no more than 2 finishing damages on average and no more than 3 stains originating from the finishing process. For each additional damage verifiably incurred in the finishing process, 10 cm of fabric shall be credited. In the case of embroidered goods, the aliquot ratio shall be applied in relation to the length.
11. Other damages
Such are only recognized if they appear to be covered by the present equipment conditions and are asserted with appropriate justification within the prescribed complaint period in writing and signed by the company. Damage caused by mice and moths or by mildew and mildew stains on goods that have not been scheduled or have been completed and not recalled will not be reimbursed by the outfitter. No fee and no compensation will be paid for damage and soiling during transport by a freight forwarder or by the railway or storage there of raw or finished goods. Shipping is entirely at the risk of the customer.
12. Force Majeure
The outfitter assumes no liability or compensation for any disadvantages caused by strikes, lockouts, operational disruptions, lack of fuel, conflagrations, water disasters, damage caused by the effects of war and the consequences of war or other cases of force majeure or of an elementary nature.
The goods handed over for processing are not insured by the outfitter against theft, burglary and fire. Also for damage caused by others
The outfitter assumes no liability for causes such as theft, burglary and fire. The transport risk on means of transport that do not belong to the outfitter is borne by the customer.
14. Invoice calculation and terms of payment
The price is calculated according to the finished length, in the case of kilo goods according to the raw kilogram. The yard length is calculated as 91.5 cm. Invoicing is in euros, unless otherwise mutually agreed. Equipment prices may not be quoted on the equipment note; instead, only the contractor's written confirmations are authoritative and binding. Place of performance for payment and delivery as well as place of jurisdiction is Dornbirn.
15. Color and finish tolerances
The same are deemed to have been agreed and must be taken into account by the customer. A larger color tolerance must be approved for indanthrene colors.
16. Right of retention and lien
The outfitter is entitled to the right of retention (right of retention) for his claims within the meaning of the Commercial Code on the goods handed over to him by the customer. This legal right is also not affected or impaired by any change of ownership of the goods during storage in the finishing plant. Any existing retention of title or a special right of a third party to the goods handed over to the outfitter must be notified to the latter in writing at the latest when the goods are delivered. In this case, in order to maintain the right of retention to which the outfitter is entitled, the beneficiary must also be liable for the payment of the outfitting fee by means of a letter of liability. In addition to the statutory right of lien and retention, the goods described overleaf are considered a contractual pledge as long as they are in the outfitter's possession.
17. VVO for our terms of sale and delivery
Buyer and seller agree on this
-that used packaging will only be returned/taken back if this has been expressly agreed.
– the seller uses the collection and recycling system as a third party to fulfill its obligations in accordance with Article 5 (6) VerpackVO;
– in the event that the buyer should incur costs as a result, the seller will bear these with the following restrictions:
– the cost of transporting the used packaging from the buyer to the collection point shall be borne by the buyer;
- Additional costs incurred at the collection point for sorting, contaminated packaging and small quantity surcharges will not be reimbursed to the buyer.
18. Special Agreements
Verbal or telephone declarations that contradict or deviate from the above general contractual conditions are only legally binding on both sides if they are confirmed in writing by the outfitter. In principle, no liability is assumed for telephone information or explanations on the part of the outfitter.