General Terms & Conditions
General Terms & Conditions
for the Re-work and for the Purchase of
Precious Metal Containing Materials.
1. Sole validity
Unless specifically agreed, these terms of business are valid for purchase
contracts as well as for re-work contracts. The implicit acceptance of
goods, providing of services or acceptance of payment does not imply any
deviation from these terms of business.
2. Quotations and Contract
Quotations are subject to change after their time period has expired.
Any contract comes into force only after our written confirmation of the
order. Changes, supplements or the annulment of these terms are only
valid after a written confirmation. Explanations and notifications by
the customer after the contract end are only valid insofar that they are
in written form. It is to be agreed between both parties in which form
metal is to be returned and if or at what price it is to be purchased.
In quotations and contracts the return delivery or the purchase deadline
will be given. If there is no deadline given the validity period is
6 month starting with the date of quotation.
Quoted prices are net prices. V.A.T. will be additionally calculated
according to its relative value. The same terms apply for all agreed extra
costs e.g. packing, insurance, freight and carriage. The supplier reserves
the right to increase the price given in the original quotation as well as
an extension to delivery dates or purchase deadlines because of additional
expenses should the material properties not be known at the time of
quotation or at the time of contractual commitment. The value of metals
purchased will be set at their valid price at the time of purchase, unless
Delivered material must be suitable for re-working and sampling and free of
hazardous substances such as chlorine, bromide, fluorine, mercury, arsenic,
tellurium, cyanide, carbonates, carbohydrates etc. Should any limits be
exceeded, this will incur additional costs given in the table of hazardous
substances. Furthermore, the customer gives the assurance that materials
delivered by him are free from radioactive substances and consist of normal
chemical as well as physical properties.
For the re-work of delivered materials, the European and German laws
concerning closed loop recycling and waste management apply. The customer
is obliged to comply with the relevant laws and regulations concerning this.
The supplier accepts no material for disposal. The shipments from the
customer are to be notified in a timely manner and not later than at the
point of goods outward. Materials sent for re-work must be adequately
packed and suitably marked and complying to our advised instructions if
necessary. Safety during transport as well as when loading and unloading
must be assured. The customer bears the cost and the risk for delivery
to our plant in Germanenstrasse 1, 63741 Aschaffenburg. Taxes, duties
and other charges and documentation incurred or required for delivery
from outside the Republic of Germany are to be borne by the customer.
6. Weighing, Sampling and Invoicing
RECOM is obliged to carry out weighing, sampling and preparation of
materials for the customer. The customer has the right to be
represented by a neutral assessor at sampling and at the customer’s
cost. Such a requirement must be notified before arrival of the shipment
and the date of sampling is to be agreed between the parties. Should the
assessor not be present at the agreed date or the customer has not named
an assessor as his representative by the time of arrival of the shipment,
then this work will be carried out by a fiduciary representative of the
supplier. Invoicing will be carried out according to the notified weights
and contents of the shipment. Disagreements must be presented in writing
within 14 days, calculated from the 3rd day after invoicing. All relevant
sampling material will be held in reserve by the supplier within this
7. Ownership and Liability
The customer accepts that he is the co-owner of the sampling batches and any
possible retained samples thereof that could be mixed with other materials
or compounds of materials. The rights of ownership of the materials delivered
by the customer are given up at the latest by the fulfilment of the return
delivery agreement or by payment. Until this point of time the supplier has
the right to return sole ownership, by means of selection, back to the customer.
Should the supplier be at fault through incorrect or inappropriate treatment
or storage of said delivered materials as well as delay or failure in meeting
contractual obligations, liability is limited to that determined by para. 635
of German law. The liability for damages and losses to the customer is
limited only to any foreseeable risk and only limited in the case of gross negligence.
8. Acts of God
In the case of Acts of God, then the conditions and obligations stated in this
contract are to be set aside according to the extent of the disruption, either
completely or partially and for the duration of causation. This setting aside
of the conditions and obligations is valid for exchange rate periods or price
determinations / fixings as well as return deliveries. Should a party to this
contract make use of an appeal because of an Act or Acts of God which lasts
longer than 90 days consequentially, then either party has the right to withdraw
from the contract on the grounds of delivery or contractual delays.
9. Balance of Accounts, Net Totals, Statements of Accounts
The supplier is obliged to check invoices, vouchers, confirmation of net totals,
charges, statements etc. for their correctness. Objections are to be made in
writing within 14 days after receipt. Should no dispute be posted within this
time period, then acceptance of the posted documentation is assumed. Exceptions
to this are the legal requirements on the supplier after justified objections
by the customer outside the notification period given in these terms.
10. Calculation, Payment, Charges
With receipt of the invoice by the customer the calculated payment price
is due. The supplier reserves the right to demand from the customer
part-payments or security to the value of the re-work price, should
subsequent situations so demand or become apparent, which have a detrimental
effect on or to the re-working processes. These demands are to be given in
written form to the customer. Should the customer not make a part-payment or
provide security within one week, then the supplier has the right to retain
a similar value of metal as security against these costs or to withdraw from
the contract immediately. The customer only retains the right to charge if
counter claims against the supplier are justifiable or that the reasons for
not meeting said obligations have been determined to be indisputable or
legal. A right of retention is given insofar as any counter claim is on
the same basis as the contract.
11. Trade in Precious Metals and Precious Metals Transactions
Transactions with precious metals are to be carried out using weight accounts.
When selling precious metals belonging to the account holder to RECOM, the
right of ownership is transferred with the booking to the relative weight
account. Customer orders by telephone are binding only by agreement with
the supplier. Mistakes, misunderstandings or confusion in telephoned
transactions or damages to third parties resulting thereof, is to be borne
by the customer insofar as any fault on the part of the supplier is excluded.
12. Place of delivery and Jurisdiction
Place of delivery and jurisdiction for all obligations regarding the contract
is Aschaffenburg. RECOM reserves the right to make claims in the jurisdiction
area of the customer.
13. Other Conditions
Contractual obligation is entered into with exception of the conflict of
laws stipulations and those by the UN Convention on Contracts for the
International Sale of Goods (CISG) under the laws of the Federal Republic of
Germany. Should any condition or conditions of these Terms of Business become
invalid or are or become legally invalid, the rest of the conditions
stipulated under these Terms of Business remain valid.