J. & F. KRÜTH GmbH
Stübbener Strasse 96 - 100
REGISTER OF COMPANIES
HRB 15364 Wuppertal
VAT ID NO.
WEBSITE DESIGN BY
bürger albrecht partner, Wuppertal
authorized to represent: Stefan Krüth und Martin Krüth
Despite careful content control, we assume no liability for the content of external links. The content of the linked pages are the sole responsibility of their operators.
Who is responsible for the data collection on this website?
The data collected on this website are processed by the website operator. The operator's contact details can be found in the website's required legal notice.
How do we collect your data?
Some data are collected when you provide it to us. This could, for example, be data you enter on a contact form.
Other data are collected automatically by our IT systems when you visit the website. These data are primarily technical data such as the browser and operating system you are using or when you accessed the page. These data are collected automatically as soon as you enter our website.
What do we use your data for?
Part of the data is collected to ensure the proper functioning of the website. Other data can be used to analyze how visitors use the site.
What rights do you have regarding your data?
You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time using the address given in the legal notice if you have further questions about the issue of privacy and data protection. You may also, of course, file a complaint with the competent regulatory authorities.
Please note that data transmitted via the internet (e.g. via email communication) may be subject to security breaches. Complete protection of your data from third-party access is not possible.
The party responsible for processing data on this website is:
J. & F. KRÜTH GmbH
Stübbener Strasse 96 - 100
The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.).
Many data processing operations are only possible with your express consent. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.
If there has been a breach of data protection legislation, the person affected may file a complaint with the competent regulatory authorities. The competent regulatory authority for matters related to data protection legislation is the data protection officer of the German state in which our company is headquartered. A list of data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.
You have the right to have data which we process based on your consent or in fulfillment of a contract automatically delivered to yourself or to a third party in a standard, machine-readable format. If you require the direct transfer of data to another responsible party, this will only be done to the extent technically feasible.
This site uses SSL or TLS encryption for security reasons and for the protection of the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection in your browser's address line when it changes from "http://" to "https://" and the lock icon is displayed in your browser's address bar.
If SSL or TLS encryption is activated, the data you transfer to us cannot be read by third parties.
As permitted by law, you have the right to be provided at any time with information free of charge about any of your personal data that is stored as well as its origin, the recipient and the purpose for which it has been processed. You also have the right to have this data corrected, blocked or deleted. You can contact us at any time using the address given in our legal notice if you have further questions on the topic of personal data.
We hereby expressly prohibit the use of contact data published in the context of website legal notice requirements with regard to sending promotional and informational materials not expressly requested. The website operator reserves the right to take specific legal action if unsolicited advertising material, such as email spam, is received.
We have appointed a data protection officer for our company:
Most of the cookies we use are so-called "session cookies." They are automatically deleted after your visit. Other cookies remain in your device's memory until you delete them. These cookies make it possible to recognize your browser when you next visit the site.
The website provider automatically collects and stores information that your browser automatically transmits to us in "server log files". These are:
These data will not be combined with data from other sources.
The basis for data processing is Art. 6 (1) (f) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.
1. Execution of the contract
All deliveries and services rendered by us are subject exclusively to our General Conditions of Delivery and Sale, which are valid for all orders. Any deviations shall be valid only if they have been expressly recognized by us in writing. General conditions of business or purchasing conditions for the other party to the contract are not valid. Auxiliary oral agreements are invalid. Modifications and amendments to the contract require our written confirmation. Our offers are non-binding. The contract shall be deemed to have been concluded if, upon the receipt of the order, we send a written confirmation of the order. Our General Conditions of Delivery and Sale shall be expressly acknowledged at the receipt of the written order confirmation, or signing on the delivery note, or receipt of the invoice, whichever comes first.
The prices, in the absence of any other agreement, shall be valid ex the seller’s works and without loading. Our prices are based on the wage and material costs valid at the time. If wage levels should be modified due to collectively negotiated contracts in the industry or on the basis of agreements within our company or other costs necessary to render the services, such as those for materials, energy, transportation, subcontracted work, financing, etc., then we are entitled to adjust the prices accordingly. We reserve the right to change prices in the case of re-orders.
The prices quoted are without packing. Packing shall be effected in the fashion standard for the trade in order to avoid damage to the merchandise under normal shipping conditions while in transit to the predetermined destination; packing shall be at the purchaser’s expense and shall be accepted for return only upon agreement. The purchaser shall be responsible for proper disposal of shipping, sales and returnable packaging.
Payments shall be made in accordance with the agreed terms of payment. In so far as no terms of payment have been agreed upon, payment shall be made ten (10) days following the receipt of the invoice, deducting a two percent (2%) discount, and the latest within thirty (30) days following the invoice date, without deduction of discount. Justified complaints do not entitle the purchaser to retain the entire invoice amount but only a reasonable part of the invoice amount as has been agreed with us in writing. If the purchaser delays making an agreed payment or other services, then we are entitled either to insist upon the fulfillment of the contract and
a) delay the fulfillment of our own obligations until such time as the delayed payments or other services delayed have been rendered
b) effect an appropriate extension of the term of delivery
c) declare the entire unpaid purchase price to be due and payable
d) as of the due date to charge interest on arrears in the amount of seven percent (7%) above the actual base rate of interest applied by the European Central Bank
or, upon the granting of an appropriate grace period, to declare our withdrawal from the contract. The purchaser, should he fall in arrears, shall reimburse any dunning and recovery costs which may arise.
Any offsetting of our claims with counterclaims, regardless of their nature, is excluded.
4. Retention of ownership
The merchandise shall remain our property until the complete satisfaction of all the purchaser’s financial obligations with respect to our company. The purchaser shall comply with all formalities in order to ensure our retention of ownership. In the case of garnishment or other claims, the purchaser is obliged to indicate our retention of ownership and shall notify us immediately. If the merchandise which we deliver is combined with other merchandise which we do not own, then we shall become the co-owner of the items thus newly created, in proportion of the invoice value of our merchandise thus combined. In so far as our retention of ownership ceases to exist as a result of the joining, blending or processing of our merchandise, the purchaser transfers to us, now and in advance, his sole ownership or co-ownership rights, whereby a gratis custodianship relationship may be substituted for the transfer.
5. Warranty and liability
The purchaser shall notify us, immediately and in writing, about any defect which may be discovered. He shall demonstrate that the defect was present at the time of transfer of the merchandise. We are entitled to make good on warranty claims by way of repair, exchange, reducing the price or issuing a credit note, at our option. Defects in a portion of a delivery do not entitle the purchaser to file a complaint on the delivery as a whole. The warranty period shall be six (6) months. The purchaser shall assume the costs and the hazards of shipping. Return shipments shall be accepted only following our written consent. We shall not be liable for any costs for the rectification of defects undertaken by the purchaser himself. The warranty shall not be applicable to defects resulting from poor maintenance, resulting from repairs or modifications carried out improperly and/or without our written consent, and resulting from normal wear and tear.
We assume no warranty especially for defects which, for example, result from improper or incorrect use, faulty assembly and/or maintenance effected by the purchaser or third parties, normal wear and tear, faulty or careless treatment and in particular excessive loading, improper operating resources, and chemical or atmospheric influences.
Any and all of the purchaser’s claims for damages shall be limited to the invoice amount of the object which is the object of this contract.
The purchaser is obliged to deliver the mold components to be etched in a completely dismantled state. If the purchaser delivers workpieces for etching which are not completely dismantled, we shall not be liable for damage arising during dismantling prior to etching and/or reassembly after etching. The etching of molds can result in changes to the dimensions and weights of the molded products when compared with the non-etched situation. Liability for such changes is hereby expressly excluded.
We also exclude all liability for damage caused in the course of modifications or repair work carried out, without prior approval on our part, by the purchaser or by a third party.
Entitlements of the purchaser to replacement as a result of ordinary negligence are excluded. The damaged party shall prove the existence of gross negligence. Claims for replacement shall lapse six (6) months following cognizance of the damage and the perpetrator of the damage and in any case two (2) years following the rendering of the service or delivery. Complaints may be based only on defects in materials and/or workmanship which have been proven to exist at the moment of transfer of risk and which shall preclude or substantially reduce fitness for use as per the contract. We assume no liability for faults in materials contained in objects which the purchaser has placed at our disposal. This applies in particular when the material made available to us is not suitable for taking a grain or exhibits surfaces which are otherwise not suitable for our processing.
The situation in which an object placed at our disposal for our processing cannot be processed at all or only with disproportionate difficulty entitles us to withdraw from the contract, excluding any liability on our part. If the above-mentioned difficulty becomes apparent only after the expenditure of labor and costs, then the costs thus arising shall be borne by the purchaser.
Where we deliver or manufacture products as per the purchaser’s documentation, the purchaser warrants that no proprietary rights of third parties are infringed upon. Should we incur disadvantages of any type due to the infringement of proprietary rights, we are entitled to demand reimbursement from the purchaser.
The German Product Liability Law (Produkthaftungsgesetz) applies. Claims for redress filed against us by the party to the contract or third parties from the “Product Liability” section in the spirit of the Product Liability Law are excluded unless the party entitled to recourse proves that the error was within our sphere of influence and was perpetrated with gross negligence at a minimum.
6. Plans, documentation
Plans, sketches, cost estimates and all other documentation as well as samples, catalogs, brochures, illustrations and the like shall always remain the intellectual property of our company and are subject to the safeguarding provisions provided for by law. Every utilization and in particular the utilization, duplication, reproduction, dissemination and surrender to third parties, publication and demonstration shall be done only with our express consent.
7. Shipping – Transfer of risk
If not otherwise agreed upon, the merchandise is deemed to have been sold “ex works” (EXW). Delivery shall always be at the purchaser’s risk, even though the prices shall have been agreed upon as “carriage paid”. If there is any delay in the purchaser’s accepting the merchandise, then we are entitled either to store the merchandise on our premises, at the costs and risk of the purchaser, and at the same time to insist on fulfillment of the contract or, after specifying a reasonable grace period, to withdraw from the contract and to otherwise utilize the merchandise.
8. Delivery period
In the absence of any agreement to the contrary, the delivery period shall commence at the latest of the following points in time:
a) the date of the order confirmation.
b) the date at which the purchaser satisfies all the technical, commercial and financial prerequisites to which he is obliged by agreement.
c) the date upon which the seller receives a down payment to be made prior to the delivery of the merchandise and/or the date upon which a payment guarantee is issued.
Partial and advance deliveries may be executed. Reasonable and objectively justified modifications in our obligations to supply and deliver and in particular reasonable delays in delivery beyond the delivery period on our part are permissible.
9. Court of venue, applicable law, place of fulfillment
The court of venue shall be the court bearing judicial responsibility for the situation in Solingen, Germany. We retain, however, the right to file suit in a court having jurisdiction over the other party to the contract. The place of fulfillment for services and payment is the location of our company even though the transfer, as per the agreement, takes place at another location. The application of German law is agreed. The contract language is German. The applicability of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
10. Supplementary terms
Should individual conditions be or become invalid by law, then this shall not affect the validity of the other conditions in the contract. The parties undertake to replace the invalid condition with another valid condition which approximates the business content of the invalid condition.