CONICA

Liability Exclusion
As the content provider, CONICA AG is responsible for its “proprietary content” which it makes available for use. Although all content is carefully checked and continually updated, no guarantee can be given that the content is complete, correct and up-to-date. CONICA AG is therefore not liable for losses associated with the use of this content.

A distinction must be drawn between this proprietary content and links to content supplied by other providers through which CONICA AG makes this “external content” available for use.

selected or modified the information transmitted. Because of the selected call-up and linking methodology, this "external information" is not automatically stored by CONICA AG on a temporary basis so CONICA AG does not incur any liability for this external content.

or criminal law, it is under no obligation to continually check the content to which reference is made in its offer, for any changes which could establish new grounds for responsibility. Only if it discovers that a specific offer to which it has provided a link triggers liability under civil or criminal law, or its attention is brought to this offer
by others, will it remove the link to this offer providing this is technically possible and reasonable for it. The question as to whether this is technically possible and reasonable is not influenced by the fact that even after suppression of access from the BASF Construction Chemicals Europe AG homepage, the unlawful or criminal offering can be accessed from other servers.

The articles accessible via the Web pages are intended purely as general information and not advice in specific cases. We strive to ensure that all information contained on the website and data in accordance with § 7 Section 1 TMG (German Telemedia Act) is accurate and up-to-date. However, we give no guarantee under §§ 8 to 10
TMG regarding the quality of the information and data provided, or that it is accurate, complete or up-to-date. The liability for the content of downloadable information is excluded, providing this is not misinformation issued with willful intent or as a result of gross negligence. This does not affect obligations to remove or block the use of information in accordance with general legislation. However, any
liability in this respect can only be accepted with effect from the date on which we become aware of a specific infringement of the law. As soon as we become aware of corresponding infringements of the law we will immediately remove such content.

We are not responsible for the content of websites accessed via a hyperlink. Exclusive responsibility for the content of linked pages lies with the operators of these linked sites. We expressly do not adopt the contents of these Internet pages as our own and therefore give no guarantee about the availability of the
content or that I is accurate and complete. Although we checked the external content when the first connection was made to determine whether this created a potential liability under civil or criminal law, we are under no obligation to continually check the content to which reference is made in our offer for any changes which could establish new grounds for responsibility. Only if we discover that a specific offer to which we have provided a link triggers liability under civil or criminal law, or our attention is brought to this fact by others, will we remove the
link to this offer, providing this is technically possible and reasonable for us.

The content and works on these Apps/ Web pages created by the operator of this site are subject to German copyright law. All third party contributions are designated as such. The reproduction, editing, distribution and any form of exploitation outside
 the boundaries of copyright law shall require the written consent of the respective author or creator. Copies of these pages are permitted only for the private domain and not for commercial purposes.

Our Web site can normally be used without the need to disclose personal data. Insofar as personal data (e.g. name, address or e-mail addresses) is collected on our site this will on a voluntary basis as far as possible. This data will not be forwarded to
third parties without your explicit consent. In conjunction with your access, data which might allow for identification (for example IP address, date, time and name of the requested file) is temporarily stored in our server for data security purposes. No data evaluation is carried out, except for statistical purposes in anonymous form.

will not be used for other purposes or forwarded to third parties without your express consent.

By submitting your ordering you are agreeing to your personal data being processed as mentioned above, insofar as this is necessary for the purpose of the contract. You can withdraw this consent from us at any time in writing or by e-mail, effective for the future.

Issued September 2015

CONCLUSION OF CONTRACT                

The supply contract is deemed to have been concluded once we have placed the order in writing and the supplier has confirmed acceptance in writing within 24 hours. No variations or amendments are effective unless they are confirmed by us in writing. Exception: telephone orders placed by us are binding provided that the
order number and procurement officer are specified. Telephone orders are deemed to have been accepted unless the supplier raises an objection immediately. Information included in quotations from the supplier is only incorporated into the contract if the order refers to the quotation concerned and is unconditional. Quotations from the supplier are deemed to be binding. The supplier may only enter into correspondence with the procurement department. The supplier agrees to keep orders placed by us and all related commercial and technical information confidential. The supplier may only refer to the business relationship with our consent.                 

PRICES

The prices on which our orders are based are deemed to be fixed prices and are binding. All prices are exclusive of statutory value added tax. Unless otherwise agreed, goods are to be supplied by the supplier Delivered Duty Paid (DDP) (Incoterms 2010). Price adjustments and conditions are only binding insofar as they are expressly accepted by us.

BILLING AND TERMS OF PAYMENT

A separate invoice displaying our order number and reference must be issued for each delivery. The goods are deemed to have been delivered once any technical or other documents specified in the order are also in our possession. We are entitled to withhold payment of any balance until such documents have been received. Payment is subject to proper performance of the contract and on condition that
the prices and calculations are correct. If the wrong or defective goods are supplied, we are entitled to withhold payment in a reasonable amount until the supplier has properly discharged its obligations. Transport and packaging costs must be itemised separately. Invoices may not be enclosed with the goods, but must be sent under separate cover. Neither payment for goods nor use thereof does imply acceptance of the goods supplied.

DELIVERY DATES AND DEADLINES

The quantities specified in the order must be provided, having due regard to standard commercial practices. We will only be required to accept partial deliveries insofar as these have been specifically requested or accepted by us. In the case of a delivery of goods in excess of the quantity ordered, we reserve the right to return
the surplus goods to the supplier and to charge for any expenditure incurred by us and, in the case of a delivery of fewer goods than ordered, to insist on goods being supplied in the quantity ordered. Deliveries of fewer goods than ordered must generally be notified as soon as possible and must be specifically approved.

QUALITY AND LIABILITY

The supplier warrants that the goods will be supplied properly and in full compliance with the contract, that the raw materials used are of good quality and that the goods will be in good condition and fit for the purpose intended. Any defects or incorrect
goods supplied may be notified at any time during the statutory limitation period irrespective of when the defect or error is identified. Notwithstanding the nature and materiality of the defect concerned, we are entitled, at our discretion, to require a reduction in the purchase price, require additional goods to be supplied or the
defect to be remedied, replacement goods to be supplied, or to rescind the contract. The supplier is, moreover, liable for any loss or damage, including loss or damage caused by a defect or consequential damage caused by a defect, consequential loss, loss of profits, loss of orders and any other direct or indirect loss or damage. We also reserve the right to withhold payment, either in part or in full, until the supplier has discharged its obligation to supply any replacement goods required by us in perfect condition, or until a binding settlement has been reached with regard to rescission of the contract, a reduction in the purchase price, compensation or damages.

PACKAGING, TRANSPORT AND INSURANCE

Where the supplier is responsible for packaging and/or transport in accordance with the Incoterm stipulated, it is liable for the loss of or damage to the goods, and the rights and remedies available to us are as set forth in the clause entitled QUALITY
AND LIABILITY. Hazardous substances must be packaged and labelled in accordance with applicable law and appropriate safety data sheets must also be supplied. Dangerous goods must also be packaged and labelled in accordance with applicable law and the dangerous goods classification or the words “not hazardous” must be displayed on the delivery note. 

A delivery note indicating the order number and reference, a description of the goods, the net and gross weights and precise quantities must be enclosed with each consignment. For products originating from outside Switzerland, evidence of customs clearance must be provided by presenting the official documents not later than the date of delivery. Unless such evidence is provided, acceptance may be
refused. Partial deliveries and deliveries of any outstanding goods must be designated as such. Our order number, as a minimum, must be indicated on any dispatch notes, bills of lading and accompanying documents. Where goods are delivered by rail, a copy of the dispatch note, including a description of the materials, order number, rail tank car and/or container number, dispatch date, batch number and net weight are to be sent to the procurement department by e-mail or fax when the goods are dispatched. In addition, the guidelines laid down in the supplier information currently in effect apply, a copy of which is to be sent to suppliers under separate cover if required. Unless otherwise stated, goods must be delivered as follows:                   

– Postage-paid consignments sent to our address, Industriestrasse 26, 8207 Schaffhausen                    

– Rail shipments sent carriage paid, to be stationed at railway siding 85-034249, 8207 Schaffhausen                   

– Road shipments sent to our address, Industriestrasse 26, 8207 Schaffhausen, to be delivered between 7.15 a.m. and 1.00 p.m

The supplier warrants that the goods supplied do not and will not infringe any intellectual property rights or breach any statutory provisions and that no rights will be enforceable against us due to use of the goods or sale thereof by or to third parties. The supplier shall indemnify us in full from and against any third-party
claims and assist or represent us in conducting any negotiations or litigation. 

SUBCONTRACTING

Orders placed by us may not be subcontracted or passed on to third parties without our written consent. In the event of any breach of this provision, we are entitled to rescind the contract with immediate effect or waive performance by the supplier, either in whole or in part, without any obligation to pay compensation. We reserve
 the right to claim compensation or damages.

GENERAL TERMS AND CONDITIONS OF PURCHASE