General terms of business, delivery and payment (§§ 1 to 13) as well as special terms of business, general regulations and information regarding glass production (§§ 14 to 31) at Freiherr von Poschinger Glasmanufaktur
General conditions of business, delivery and payment
- All the following conditions are considered as binding for the business transactions accepted by the buyer, to the extent nothing different is agreed in writing.
- All information is subject to change. The order is only binding for the glassworks after written confirmation of acceptance in the form of the signed offer from the customer.
- The prices are stated in € (euros) per piece plus the applicable VAT and shipping costs. After completion, the buyer will receive an advance invoice, or the invoice amount will be charged before shipping by direct debit or credit card, as agreed. After receipt of payment, the goods will be shipped.
- Invoices are payable in € (euros) in the order of payment and irrespective of the time of receipt of the goods within 30 days of the invoice date without any deduction. If the payment period of 30 days is exceeded, interest on arrears will be charged at the legal rate from the 31st day onwards. Partial payments and advance payments made without agreement will always be offset against the oldest, unsettled invoice amounts. Invoices are sent digitally as a PDF by e-mail as standard. Please inform the glassworks if you would prefer a different arrangement.
- Delay of payment and other breaches of contract give the glassworks the right to withdraw from the contract or to claim damages for non-performance after expiry of a reasonable period of grace. Moreover, in the event of delay of payment, the glassworks is also entitled to exercise the right of retention for all outstanding deliveries with prior notice.
- Packaging shall be at the discretion of the glassworks. All goods are shipped ex glassworks on the account and risk of the buyer. No liability is accepted for breakage, damage or loss during transport. The glassworks can make partial deliveries without consultation with the customer, unless partial deliveries were expressly excluded. Each partial delivery on contracts shall be deemed to be a transaction to be invoiced separately. The glassworks reserve the right to deliver in any case. All deliveries are automatically insured against breakage during transport at 1.5 % of the net value of the goods. Please inform the glassworks if you would prefer a different arrangement.
- Notifications of delivery times shall not be deemed a binding assurance. In the event of a delay in delivery on the part of the glassworks, the buyer must always set a grace period corresponding to the circumstances, but at least a period of 4 weeks. After expiry of this period, the buyer may withdraw from the contract insofar as the goods have not been reported as ready for shipping by the expiry of this period. The buyer is obliged to accept partial quantities already produced by the glassworks at the agreed conditions. Claims for damages due to delayed performance or non-performance are excluded. The delivery period shall be extended accordingly if unforeseeable hindrances occur for the supplier, e.g. official intervention, power outages, delays in the delivery of energy and raw materials, strikes or fires.
- Events of force majeure or of a technical origin as well as other internal processes (shortage of skilled workers, technical problems, operational restructuring, business interruptions or operational discontinuation, etc.), which significantly limit the production of the glass manufacturer, give the glass manufacturer the right to withdraw from the contract. If such operational disruptions last for a longer period of time, the glassworks is entitled to immediately deliver the partial quantities made for existing orders. An obligation to pay compensation for covering purchases cannot be recognized. In these cases, claims for damages by the customer due to delay in delivery are also excluded. Significant changes in currency relationships are also deemed to be events of this type.
- Should it not be possible for the glassworks to fulfill the order in full due to in-house processes (shortage of skilled workers, technical problems, company restructuring, business interruptions or abandonment, etc.), the customer is nevertheless obliged to purchase the number / partial amount produced up to that point and at the agreed unit price plus the to pay the applicable sales tax and shipping costs to the glass factory. In addition, in this case the client waives the assertion of all possible claims against the glassworks, in particular the fulfillment of the contract, dissolution of the contract and / or assertion of damages or the like and otherwise indemnifies them from any claims for damages and recourse by third parties.
- In the absence of a special agreement on the admissibility of deviations, the order quantity shall only be regarded as an approximate quantity. Deviations in volume upwards and downwards are only permissible by up to 30% at the most. If a narrower limitation or exclusion of over-delivery or under-delivery is required, a special agreement is to be made on conclusion of the contract.
- The glassworks guarantees that your products are free of defects for a period of 1 year from delivery. Defects in the delivered item shall be remedied by the supplier within the legally prescribed period from delivery after appropriate notification. This takes place at the discretion of the buyer through free rectification of defects or replacement delivery. In the event of a replacement delivery, the buyer is obliged to return the defective item. If the defect cannot be remedied within a reasonable period of time or if the reworking or replacement delivery is to be regarded as having failed for other reasons, the buyer may, at his or her discretion, demand a markdown in the remuneration (reduction) or withdraw from the contract.
- The buyer is obliged to inspect the delivered goods for obvious defects that are readily apparent to an average customer. Obvious defects also include damage to the goods. It also includes cases in which a different item or the incorrect quantity are delivered. Defects of this kind must be reported to the glassworks in writing within 2 weeks. Defects that only become apparent later must be reported to the glassworks within 2 weeks after being identified by the user. In the event of a breach of the obligation to examine and give notice of defects, the inspection of the goods in question shall be deemed to have been approved.
- The glassworks remains the owner of the goods until full payment of the receivable to which it is entitled from the business relationship. In the event of resale, the purchaser transfers to the glassworks the receivables from the third party arising from the resale to secure the aforementioned receivable of the glassworks. Until revocation, the buyer is authorised to withdraw the receivables arising from the resale. The glassworks undertakes to release the assigned receivables at its discretion if they exceed the receivables to be secured by more than 25% and if they result from fully paid deliveries. The buyer is obliged to inform the glassworks at any time about the debtors and the amount of the transferred receivables. The glassworks can notify the third-party debtor of this transfer as soon as the purchaser delays payment. Claims of third parties that infringe the rights of the glassworks must be notified to the glassworks without delay.
- Frauenau is the place of performance for deliveries and payments. The place of jurisdiction is Viechtach. German law shall apply exclusively to all legal relationships established by the purchase contract. The application of the Hague Sales Conventions is excluded.
Special conditions of business, general regulations and information regarding glass production
- Flat rate development costs
Based on a drawing (for instance), no exact and reliable calculation of the future costs of series production (≥ 10 pcs.) is possible in glassmaking which delivers on the high demands and expectations of the customer as well as the glassworks in terms of quality, craftsmanship, quality and reproducibility. Prototype production encompasses an incalculable amount of preparatory work, detailed agreements, production trials and resulting changes in production and manufacturing methods in advance. Individual working steps can turn out to be more complicated and work-intensive than originally thought and calculated. The customer receives an in advance agreed number of prototypes for a flat-rate amount per draft or design. The glassworks can calculate the exact costs for mould(s) as well as the unit price for series production based on the experience and information gained from the development work.
- Glass products, particularly replacements, are not a copy but always a replica or reproduction of existing drawings, images or original pieces. This means that deviations from the original in the glass shade, colour gradient, colour intensity, surface, shape and dimensional accuracy cannot be ruled out and are to be accepted.
- The glassworks exclusively process lead-free crystal glass. In the case of reproductions, this can differ from the original in brightness, colouring and brilliance as well as in specific weight.
- The interior diameter as well as the glass thickness (wall thickness) can vary and/or differ due to the behaviour of the hot, viscous glass during the shaping and the glass blowing process. When manufacturing multiple pieces, the inner diameter and glass thickness can vary from piece to piece.
- Due to the natural surface tension of hot glass and the fact that our glass is mouth-blown using our lungs, “round corners” always form on the edges of a glass vessel. Sharp-edged angles with exact degrees or right-angled corners are only possible with machine production (pressed glass or machine-blown glass). Please take this into account within the design and the technical drawing, or the requirements for the finished glass product.
- Due to technical reasons relating to mould construction, colour melting, order situation, cooling and refinement, the production can take longer than expected. As a result, the delivery dates stated can vary and shift.
- An original piece or exact dimensions, or a corresponding exact technical drawing, are required for production to be as precise as possible. Handcrafted dimensional tolerances apply, which encompass different amounts depending on size. The glassworks does not accept any guarantee based on telephone information, e.g. dimensions, glass thickness, colour, no. of pieces, etc.; this information has to be provided in writing by the customer when placing the order. Complaints at a later date are excluded!
- In the production of mouth-blown and handmade glass, bubbles, blisters and streaks, etc. can occur and these cannot always be avoided by hand. These glass characteristics are no basis for complaints.
- In the production of mouth-blown and handmade glass, more pieces always have to be produced than the number ordered for technical reasons. Over-production of 20% is a binding requirement to be approved and paid for by the customer.
- Beech wood glass blowing moulds are made for the production of mouth-blown and handmade glass. These moulds are stored in the glassworks after being made and used in production. Wood is a natural material which can still warp, split or change in different ways despite proper storage. This can make the mould unusable. In addition, the shape increasingly loses dimensional accuracy due to wear (burn-off) during its use in production. The customer accepts these facts and agrees that for any renewed production, a new mould must be produced and charged for the reasons named above. The customer shall bear any costs incurred in connection with this. The wooden moulds are disposed of two years after last being used. If you do not wish for the glassworks to dispose of it and would instead prefer to have the mould sent to you, please inform the glassworks know when you place your order.
- By placing an order for prototypes for a new product or design, which is to be produced in series production by hand and/or using mouth-blowing techniques at a later date, the customer already commits to place the order for the entire future series production exclusively with Freiherr von Poschinger Glasmanufaktur. Poschinger Glasmanufaktur is however entitled to decline or discontinue further series production at any time without the need to provide a reason. Freiherr von Poschinger Glasmanufaktur is to communicate the rejection or discontinuation of series production to the customer. After receiving this notification, the customer is then free to select by whom series production is to be carried out.
- All pieces of glass, regardless of their design or production type, are carefully tempered using the available technical possibilities (annealed/cooled). However, residual stress within the glass and its effects can never be completely ruled out. The glassworks assumes no liability for any resulting damage to the workpiece or to other objects or persons.
- Freiherr von Poschinger Glasmanufaktur is not liable for the damage or loss (including through misappropriation or theft) of original pieces, samples, constructions, frames, accessories, data, metal mounts, moulds, photos or drawings provided for the production of glass objects. In addition, Freiherr von Poschinger Glasmanufaktur is not liable for any damage or loss of workpieces or blanks of any kind provided to the glassworks for processing, applying additional processing, refining, reworking or repair.
- The glassworks reserves the right to determine the technical feasibility of the order; should said order not be possible, the customer will be immediately informed after determining that the order is not feasible.
- By placing the order, the customer assures Freiherr von Poschinger Glasmanufaktur that the rights of third parties, no matter what kind, do not oppose production and releases Freiherr von Poschinger Glasmanufaktur from any claims by third parties arising from such rights.
- The glassworks would be pleased to use pictures of the realised glass product(s) for advertising purposes and as a reference and e.g. publish them on the website, in social media or in printed documents. The customer should inform the glassworks if a different arrangement is preferred.
- Insofar as liability is limited in the agreement, it remains, however, the case that Freiherr von Poschinger Glasmanufaktur is liable according to the statutory provisions in cases of gross negligence or intent, injury to life, body or health, as well as in cases of the Product Liability Act and the obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations).
- Any changes and additions made to the offer by the customer (excluding changes made to the contact information, such as address etc.) shall not be accepted, considered or deemed valid. If the customer would like to make a new offer, this has to be explicitly made in a separate letter and not by adding to the offer already submitted by the glassworks. If the customer returns a signed copy of the contractual offer to the glassworks, it shall expressly assume that no changes have been made to said offer by the customer. Please note that the glassworks does not check the content of the offer submitted again after it is returned by the customer. It should also be noted that returning the offer in a signed state represents a conclusion of contract at the terms and conditions laid out by the glassworks.
These English terms and conditions serve informational purposes only. In cases of doubt, the German-language version of these terms and conditions shall apply.
Freiherr von Poschinger Glasmanufaktur e.K., Moosauhütte 14, 94258 Frauenau / Germany