Terms and Conditions (T&C) of Spectra Additive GmbH
1. Scope of Application
These Terms and Conditions (T&C) apply to all contracts, deliveries, and other services between Spectra Additive GmbH, Strohhof 7B, 83413 Fridolfing, Germany, (hereinafter referred to as “Spectra Additive”) and its customers.
Spectra Additive supplies exclusively to business customers as defined by §14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law.
Any terms and conditions of the customer that conflict with or supplement these T&C shall not become part of the contract unless Spectra Additive expressly agrees to them in writing.
2. Conclusion of Contract
Offers made by Spectra Additive are non-binding unless expressly stated otherwise.
A contract is only concluded upon written or electronic order confirmation by Spectra Additive.
Drawings, illustrations, dimensions, and technical data are only binding if expressly confirmed in writing.
3. Scope of Services
Spectra Additive manufactures customized plastic components according to customer specifications using additive manufacturing processes (3D printing).
The service includes production and – if agreed – post-processing, assembly, or inspection of the components.
Any changes to specifications after order confirmation require a separate agreement and may result in additional costs.
4. Prices and Payment Terms
All prices are quoted net in euros, ex works (EXW according to Incoterms 2020), plus applicable VAT, packaging, and shipping costs.
The customer may choose from the following payment options, unless otherwise agreed in writing:
a) Payment within 14 days from the invoice date without deduction.
b) Payment within 30 days from the invoice date without deduction, provided the customer has made at least five consecutive payments on time.
c) 30% advance payment upon order placement and 70% within 14 days after invoice date without deduction.
d) Payment within 30 days from the invoice date with a 3% surcharge on the net amount.
e) Payment within 45 days from the invoice date with a 5% surcharge on the net amount.
The payment option must be selected when placing the order and will be confirmed in the order confirmation. Spectra Additive reserves the right to exclude certain options in the event of negative credit information or repeated payment delays.
In case of delayed payment, statutory default interest (§288(2) BGB) shall apply.
The customer may only offset or withhold payments if their counterclaims are legally established or undisputed.
5. Delivery Conditions
Delivery dates are binding only if confirmed in writing.
Production or delivery delays due to force majeure or unforeseen circumstances entitle Spectra Additive to adjust delivery dates or withdraw from the contract.
Partial deliveries are permitted if reasonable for the customer.
6. Warranty and Complaints
The customer shall inspect the delivered goods immediately and report any defects in writing within 10 working days of receipt.
In the event of justified complaints, Spectra Additive may, at its discretion, either repair or replace the defective goods.
If the subsequent performance fails, the customer may request a price reduction or withdraw from the contract.
Further claims, especially for damages, are excluded unless caused by gross negligence or intent.
7. Liability
Spectra Additive shall only be liable for damages caused by intent or gross negligence.
In cases of slight negligence, Spectra Additive shall only be liable for breaches of essential contractual obligations (cardinal obligations), limited to the foreseeable damage typical for the contract.
Liability for lost profits, production downtime, or indirect damages is excluded.
8. Retention of Title
The delivered goods remain the property of Spectra Additive until full payment has been received.
Any processing or combination with other items is deemed to be carried out on behalf of Spectra Additive.
9. Intellectual Property
All copyrights and proprietary rights to designs, models, or technical data created by Spectra Additive remain the property of Spectra Additive unless otherwise agreed.
The customer guarantees that the data and designs provided by them are free from third-party rights.
10. Place of Jurisdiction and Applicable Law
These Terms and Conditions are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for all disputes shall be the registered office of Spectra Additive GmbH.
11. Final Provisions
If any provision of these Terms and Conditions is found to be invalid, the validity of the remaining provisions shall remain unaffected.
The invalid provision shall be replaced by a valid one that most closely reflects the economic purpose of the invalid provision.
