Crioch Industries – Terms & Conditions:


We only deliver to the following terms and conditions. No other conditions are accepted – especially purchasing conditions of the buyer unless there is an explicit written confirmation of our acceptance from our side ahead of the purchase. 

Offer and Acceptance  

·         Our offers are subject to change. Orders are only binding only if and insofar as they authorized.

·         The additional terms to describe goods as “approximately”, “as usual” or similar additions reflect our objects solely on the quality or quantity of the goods, but not to the Price. These are orders to be understood by us accordingly and possibly a confirmation meant accordingly. 

 Price and Payment  

·         Our prices are always subject to VAT.

·         The purchase price is payable net cash upon delivery, unless otherwise agreed.

·         We reserve the right, to merchants and traders from the due date to pay interest in the amount of 2% above the base rate of the Bank of England calculated.

·         In case of default, we can make a further default damages.

·         Promissory notes and checks are only accepted, they are classified as payment when they are redeemed. Customary bank charges will be borne by the purchaser.

·         The purchaser may offset against our purchase price, except with undisputed or legally valid claims. Merchants may hold back the purchase price of material defects, we have to decide on the eligibility of the complaint, in addition, only if the buyer is adequate collateral. Not merchants may the purchase price does not hold back because of defects of a different contract than the one from which the purchase price is derived.

·         If the buyer is paying our calculations not for the relationship insignificant amount in default, all claims are the transactions immediately due – regardless of any bills of exchange. We then have the right to demand payment in cash before any further delivery. If the arrears are not remedied within a reasonable period, we are entitled to cancel the contract or to claim damages for non-performance. This particularly applies to agreed but not yet made subsequent transactions. If we should become aware of facts from which it appears that the buyer is no longer creditworthy, we are entitled to demand payment in cash before delivery of the goods, even if before anything else was agreed upon, as well as provide our receivables due.  


·         The agreed delivery times and dates are always considered as approximate, unless a fixed date was agreed upon.

·         Deliveries that do not affect our business (direct sales) delivery date and time have been met if the goods the delivery mechanism in time leaves that, under normal transportation time the delivery arrives on time at the receiver.

·         Acts of violence – including public law restrictions, strikes and lockouts – we are entitled to rescind the contract, compensation for non-performance or delay shall be excluded in such cases. This also applies to non-timely delivery by our suppliers that we are not responsible. We are obliged to inform the buyer of such events immediately. The buyer is also entitled to withdraw from the contract.

·         If we are in default of delivery, the buyer is entitled to a reasonable period of grace and after the unsuccessful expiration of the contract. Damages for non-performance, the purchaser may, upon the expiration of the further request only if the delay was caused by intentional or grossly negligent conduct of our legal representatives or our agents.  

Shipping and Assuming  

·         The dangers of transportation from point of delivery shall always be borne by the buyer, even with freight free deliveries or deliveries free, except when we do transport with our own vehicles from our plant.

·         Upon collection of the delivery point the responsibility of the buyer or his agent statements on the vehicle load and the compliance with the regulations . transport of hazardous materials.

·         Unloading and storage of the product in each case is a matter for the buyer.

·         For deliveries in tankers and demountable, the recipient has to provide for a proper technical condition of his tanks or other storage containers and the connection of the filling lines to be recording system to induce its own responsibility. Our obligation is limited to the operation of the onboard facilities.

·         If our employees to unload and Offloading are beyond help and cause damages to the product or other damages that they act at the sole risk of the buyer and not as our agents.

·         The foregoing provisions shall apply mutatis mutandis in the supply by third carriers to the extent of their behavior is seller liability could be inferred. The liability of the third party is not affected.  


·         If our deliveries in leased packaging, these are the latest within 3 months after receipt by the buyer of this container is empty, perfect condition on his account and his risk back to us, or possibly free our vehicle against a receipt to return.

·         If the buyer is referred to in a  commitment period prescribed by, we are entitled to charge for more than 4 weeks beyond time for a reasonable fee, and after unsuccessful deadline to return, taking into account the above fee to the cost of replacement demand it. Allowed

·         The attached label can not be removed. Returnable packaging must not be mixed up and not filled with other goods. For impairment losses are reversed and the purchaser shall be liable regardless of fault. Whichever is the initial findings in our operation. Its use as a storage container or transfer to third parties is not permitted unless it is not agreed.  

Retention of Title  

·         The ownership of the goods will only with full payment of the purchase price and all others, including future claims the business relationship with us on the buyer. This also applies if payments on specific claims are made. For current accounts, the retained title as security for the outstanding balance. The property passes to the buyer no later than the time at which we have not disputed any claim more against him.

·         Unless the Buyer’s obligations to us properly met, it is the re-use of the goods authorized in the usual course of business.

·         If the Buyer’s obligation to pay, even after a grace period to comply, we are entitled to demand without respite and without cancellation of the reserved goods.

·         Repossession of goods shall not constitute withdrawal from the contract unless stated so in writing is a working or processing of the goods for us, without committing us. We are regarded as a manufacturer and acquire ownership of the intermediate and end products in the ratio of the invoice value of our reserved goods to the invoice value of other goods: the buyer keeps far for us in trust and unpaid.

·         The purchaser hereby resulting from the resale of the goods to back up all claims against third parties of our claim.  

·         If the buyer sells goods in which we have to point only partial ownership, he ceded to us all claims against the third party to the relevant tranche. If the buyer uses  the goods in the context of a work-(or similar) contract, he takes the (factory wage) receivable in the amount of the invoice value of the used goods to us.

·         The buyer is in ordinary course of business to collect the receivables further use of the goods authorized. We have real cause for concern that the buyer will fulfill its obligations towards us meet meet properly or, the buyer shall, at our request of the assignment to his customers to refrain from disposing of the assets, we all necessary information on the stock the property standing in our products and the claims assigned to us surrender. Access by third parties to the reserved goods and the assigned claims are to notify us immediately.  

Warranty Rights, Testing and Notification in the buyer  

·         For defects, including the lack of assured properties, we are liable to merchants and legal entities of public law in accordance with the statutory provisions either for cancellation, reduction or replacement, if legal in addition to the the following conditions are met: first , the buyer must inspect the goods and their packaging immediately upon delivery in accordance with normal commercial practice. If the goods are delivered in packages, he must also check the labeling of each individual package for compliance with the order. If the goods are delivered by tanker or tanks which are not retained by the buyer, then the check legally prescribed public transport accompanying documents for compliance with the order. In addition, he has to convince himself before Offloading through a sample of the contractual quality of the product. 2nd lit according on examination, deficiencies found, the buyer has notified in writing immediately. 3rd If the buyer the particular investigation or submits it an identified or identifiable defect is not immediately, he being deprived in terms of observed and / or ascertainable defects his warranty. The same applies in the case of a mistaken wrong delivery, even when a significant deviation that approval of the product had to be considered by the buyer as excluded. fourth case of a hidden defect, the buyer reported immediately after discovery of the defect. Otherwise, the goods shall be regarded as accepted. The complaint of a hidden defect is excluded after 8 weeks after receipt of the goods. A claim for replacement due to incorrect delivery is unaffected.

·         For defects, including the lack of assured properties, we are liable to non-merchants in accordance with the statutory provisions either for cancellation, reduction or replacement if, in addition to the legal, the following conditions are met: 1 . the non-commercial buyer (lit Sun as) the same examination and inspection obligations as the merchant point 1). But to judge the requirements of the knowledge in the product sample is not for the merchantability, but after the knowledge which is the buyer expected because of his economic status. 2nd During the investigation of a) observed obvious defects, the buyer immediately and in writing, In other defects within 6 months are writing. 3rd If the buyer the particular it reasonable investigation or he fails for deductions Rügefristen so goes he deprived in terms of apparent deficiencies his warranty.  

Liability for Consequential or other Damages  

·         For damages caused by defects in the goods, wrong delivery or defects in the packaging to legal property of the Buyer, including its assets, we are liable as follows: first extent damage by complying with the inspection duties of the buyer could have been avoided, to merchants and legal persons of public law any kind of liability on our part excluded, unless the damage resulted from intentional conduct our legal representatives. Is under the same conditions compared to non-traders all such liability, unless the damage is due to intent or gross negligence on our part. 2nd Unless cause damage despite compliance with the inspection duties of the purchaser, our liability to merchants as well as compared to non-traders only for intentional or grossly negligent breach of contract

·         For other than the claims stipulated damages we are – regardless of liability basis – only if it was caused by an intentional or grossly negligent act by us or one of our agents.

·         We are not liable for the suitability of the product for the buyer’s intended purpose. As far as we advise application technology, provide information or recommendations to etc., we are liable for negligently false ulting, advice or services only if they are made in writing.

·         All claims in the sense that shall expire six months after the injurious act excluding tort claims.  

Final Provisions  

·         Jurisdiction for merchants is the business of the seller. In transactions with non-traders jurisdiction is the residential or place of business of the defendant. Under this Agreement and for all claims resulting solely by Scottish law applies. If any of the above clauses are or become invalid, it should take the place of the invalid conditions such regulations, the commercial purpose of the Treaty, with due respect for mutual interests come closest.

·         We are not liable for the suitability of the product for the buyer’s intended purpose. As far as we advise application technology, provide information or recommendations to etc., we are liable for negligently false ulting, advice or services only if they are made in writing.

All claims in the sense that shall expire six months after