General Terms and Conditions of SGP – Spezial Gummiprodukte GmbH

This English version is a convenience translation. In the event of any discrepancy, the German version shall prevail.

Section 1 – Scope

(1) These General Terms and Conditions (GTC) apply to all contracts between SGP – Spezial Gummiprodukte GmbH, Raiffeisenstraße 10, 46244 Bottrop-Kirchhellen, registered office Saarbrücken, Local Court (Amtsgericht) Saarbrücken HRB 14295 (“SGP”), and its Customers. They apply to deliveries of goods of the RUTEC brand and other goods, and to related services such as cutting to size, fabrication, installation, filling and replacement.

(2) A “Consumer” is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity (§ 13 BGB). A “Business Customer” within the meaning of these GTC is any entrepreneur (Unternehmer) within the meaning of § 14 BGB, any legal entity under public law (e.g. police, customs, the German Armed Forces, public building administrations) and any special fund under public law. Associations and other legal entities under private law that are not entrepreneurs within the meaning of § 14 BGB (e.g. shooting clubs) are treated as Business Customers; Section 1 (5), the notification period for hidden defects in Section 8 (2) and Section 12 (4) do not apply to them. Provisions marked “Business Customers only” do not apply to Consumers.

(3) Deviating, conflicting or supplementary terms and conditions of the Customer only become part of the contract if SGP expressly agrees to their application in text form. This also applies if SGP delivers in the knowledge of such terms and conditions.

(4) Agreements made in individual cases (e.g. offer, order confirmation, framework agreement) take precedence over these GTC. In the case of public contracts, the contracting authority’s procurement and contract documents (e.g. VOL/B, VOB/B, Special and Additional Contract Conditions) take precedence over these GTC. In procurement procedures, these GTC apply only to the extent that the procurement documents permit them; a reference to these GTC in bid or accompanying documents does not amend the procurement documents.

(5) In relation to Business Customers, these GTC in the version valid at the time the contract is concluded, but in any event in the version most recently communicated to the Customer in text form, also apply to future contracts of the same kind, without SGP having to refer to them again in each individual case. The current version is available at www.sgp-rutec.com/de/agb/. (Business Customers only)

Section 2 – Offers and Conclusion of Contract

(1) SGP’s offers are subject to change and non-binding unless they are expressly designated as binding or specify a period during which they are binding. Presentations on the website and in brochures and data sheets do not constitute offers.

(2) The Customer’s order is a binding offer. SGP may accept it within two weeks, either by an order confirmation in text form (e.g. e-mail) or by delivery. If SGP requests payment from the Customer (e.g. by an advance payment invoice), SGP thereby accepts the order at the latest. Messages sent via the contact form on the website are enquiries, not orders, even if sent by Business Customers; SGP responds with an offer. The Customer must send orders and acceptances of offers to SGP by e-mail, telephone, letter or fax, not via the contact form.

(3) The type and scope of the delivery or service are determined by a binding offer from SGP accepted by the Customer (in particular under paragraph (8)) or, if there is none, by the order confirmation. Deviations in material or design are permissible to the extent that they are technically necessary, do not impair the agreed quality or usability and are reasonable for the Customer. SGP will make changes that may affect the validity of a test report, fire protection certificate or acceptance provided to the Customer only with the Customer’s consent in text form.

(4) Information in data sheets, test reports and offers on typical values, service life or number of hits describes empirical values under the test and operating conditions stated in them; this does not apply to information designated as a specification, minimum value or maximum value (cf. paragraph (5)). If SGP provided a sample before the contract was concluded, the goods correspond to the sample within the tolerances under paragraph (5). Such information constitutes a guarantee only under the conditions of Section 6 (5). In relation to Business Customers, SGP is not responsible for public statements by third parties (e.g. advertising by manufacturers or dealers) unless SGP has adopted them as its own. In relation to Consumers, the objective requirements for the goods (§ 434 (3) BGB) remain unaffected.

(5) Rubber, natural rubber, PU and other elastomers are subject to variations caused by production and raw materials. Customary deviations in dimensions, thickness, weight, hardness, colour and colour shade between batches, texture, surface and odour, as well as customary blooming (e.g. wax or sulphur blooming on natural rubber), are not defects; for granulates, this also applies to grain size, grain shape and fines content. Unless the offer or order confirmation states otherwise, the following tolerances apply: for the thickness of rubber sheets, mats and rolls and of cut-to-size pieces and punched parts made from them, up to 2.0 mm ±0.4 mm, over 2.0 mm up to 6.0 mm ±0.5 mm, over 6.0 mm up to less than 10 mm ±0.7 mm and from 10 mm ±10 %. The length and width of cut-to-size pieces and punched parts are governed by DIN 7715-5 (edition 1979-11), class P3. For goods on rolls and for sheets in full roll width, ±2 % applies to the width and ±5 % to the length; short lengths of up to 10 % of the delivery quantity are permissible. The hardness of rubber sheets and rolls may deviate from the nominal value by ±5 Shore A. For RUTEC R5000 PU granulate, the following applies: grain size 8 to 22.4 mm; oversize and undersize together of up to 15 % are permissible (mass fraction, sieve analysis in accordance with DIN EN 933-1). For sponge rubber, cellular rubber, soft PVC, polyurethane sheets, other granulates and special qualities, the tolerances stated in the offer or data sheet apply; soft PVC may shrink by up to 3 % due to the material. Water-jet-cut parts may have slightly tapered edges, burrs and grooves. Tolerances from the Customer’s drawings or orders (e.g. DIN ISO 2768) apply only if SGP has confirmed them in text form. Bullet trap granulate is a processed secondary raw material made of polyurethane; otherwise, the specification stated in the offer or data sheet (e.g. fines content, foreign matter) is owed. In relation to Business Customers, SGP owes conformity with earlier deliveries in colour shade, embossing, surface texture or feel only if this has been agreed, e.g. by reference to a retained sample or the addition “same batch”; paragraph (3) sentence 3 remains unaffected. In relation to Consumers, this paragraph applies only to deviations that are usual for goods of this kind; further deviations are not defects only if SGP specifically drew the Consumer’s attention to them before the contract was concluded and the deviation was expressly and separately agreed (§ 476 (1) sentence 2 BGB). On request, SGP will state the tolerances for the item concerned before the contract is concluded.

(6) If the Customer specifies dimensions, drawings, samples or quantities, the Customer is responsible for their accuracy. SGP checks such specifications only for obvious errors and informs the Customer of any errors it identifies. For custom-made products, SGP may send a dimensioned sketch for approval in text form; upon approval, the dimensions and design features stated in it are deemed agreed.

(7) SGP retains all rights to drawings, calculations and other documents of SGP. The Customer may use them only for the order concerned and may make them available to third parties only with SGP’s consent.

(8) For Consumers, the following applies in derogation from paragraph (1) sentence 1 and paragraph (2) sentences 1 to 3: before the contract is concluded, SGP sends the Consumer a binding offer in text form with an acceptance period. It states the main characteristics of the goods, the total price including VAT, all delivery and shipping costs, the delivery date or delivery period and the terms of payment. It is accompanied by the harmonised notice on the statutory guarantee of conformity, these GTC and – where a right of withdrawal exists – the withdrawal instructions with the model withdrawal form. The contract is concluded when the Consumer accepts the offer within the acceptance period, e.g. by e-mail, letter, fax or telephone. If a Consumer places an order without having received such an offer, SGP first sends the Consumer such an offer. Paragraph (2) sentences 4 and 5 (contact form) also apply to Consumers.

Section 3 – Prices and Payment

(1) In relation to Business Customers, prices are in euros, net, plus statutory VAT, and exclude packaging, freight, insurance and customs duties. Unless the offer or order confirmation states otherwise, SGP delivers FCA Ziegeleiweg 35A, 46539 Dinslaken (Incoterms® 2020); SGP loads the goods onto the vehicle provided by the Customer. Terms such as “free domicile” or “carriage paid” without an Incoterms® clause only determine who bears the freight costs; the passing of risk (Section 4 (5)) and the place of performance (Section 12 (3)) remain unaffected. In relation to Consumers, SGP states total prices including statutory VAT in the offer and shows all delivery and shipping costs separately. For deliveries to countries outside the EU, customs duties, import taxes and charges levied by the authorities of the country of destination may also apply; unless otherwise agreed in the offer, they are borne by the Consumer. SGP points this out in the offer.

(2) SGP charges for installation, filling and other on-site services in accordance with the offer. If charging on a time-and-expense basis has been agreed, or if additional expense arises under Section 5 (3), the hourly, travel and overnight accommodation rates stated in the offer apply. If no such rates are stated there, SGP’s price list in the version valid at the time the contract is concluded applies in relation to Business Customers; SGP will send it on request. SGP always states the rates to Consumers in the offer.

(3) Invoices are payable without deduction within the period stated in the offer, order confirmation or invoice, otherwise within 30 days of the invoice date. A cash discount applies only if it has been agreed in the offer or order confirmation. For Business Customers, the date on which payment is received in SGP’s account determines whether payment is made on time.

(4) SGP may stipulate payment in advance or a down payment in the offer or order confirmation, in particular for new customers, deliveries abroad, custom-made products and orders from Consumers. SGP requests payment in advance only once the contract has been concluded; it is due upon receipt of the advance payment invoice. In the case of payment in advance, SGP manufactures or delivers only after receipt of payment. If the Customer does not pay within the period set by SGP in the advance payment invoice or thereafter, which must be at least ten days from receipt, SGP may rescind the contract in accordance with the statutory provisions. After the contract has been concluded, SGP may demand payment in advance or security that was not agreed only under the conditions of paragraph (7).

(5) If the Customer is in default, the statutory rules apply. Consumers pay default interest of 5 percentage points above the base interest rate; Business Customers pay default interest of 9 percentage points above the base interest rate and the lump sum of EUR 40 (§ 288 BGB). Further claims for damages remain unaffected.

(6) The Customer may set off only counterclaims that are undisputed, have been established by final and binding judgment, are ready for decision or arise from the same contract. The Customer has a right of retention only on account of claims arising from the same contract. The Customer’s rights in respect of defects remain unaffected; however, on account of a defect the Customer may withhold payments only in reasonable proportion to the defect, as a rule up to twice the expected cost of subsequent performance; this does not apply to Customers under Section 1 (2) sentence 3 (e.g. associations). (Business Customers only)

(7) If it becomes apparent after the contract has been concluded that SGP’s claim to payment is jeopardised by the Customer’s inability to perform, SGP may demand payment in advance or security and, after a deadline set for this purpose has expired without result, rescind the contract (§ 321 BGB).

(8) SGP issues invoices electronically. From 1 January 2027, Customers who are entrepreneurs (Unternehmer) established in Germany within the meaning of the German VAT Act (Umsatzsteuergesetz) receive e-invoices in accordance with § 14 UStG in a format that complies with EN 16931 (e.g. XRechnung or ZUGFeRD, profile EN 16931 or higher). Public contracting authorities receive invoices in the form prescribed for them, e.g. via their invoicing portal, and must give SGP their Leitweg-ID and order number no later than with the order. All other Customers receive invoices as PDF files by e-mail and agree to this.

Section 4 – Delivery and Passing of Risk

(1) SGP states delivery dates and periods in the offer or order confirmation. If they are designated there as “approx.” or “expected”, they are non-binding in relation to Business Customers; if SGP exceeds such a date by more than two weeks, the Customer may request SGP in text form to deliver, and SGP is in default upon receipt of the request. In relation to Business Customers, agreed periods begin only when the Customer has provided all the information and approvals necessary for performance (e.g. dimensions, drawing approval) and any agreed down payment or payment in advance has been received. If the offer or order confirmation provides for an inspection or approval by the Customer or a third party designated by it (e.g. approval of bullet trap granulate in accordance with the requirements of the German Armed Forces), delivery periods are extended in relation to Business Customers by the time by which that inspection takes longer than envisaged when the period was agreed, insofar as SGP is not responsible for this. In relation to Consumers, the dates stated are binding; if no date is stated, SGP delivers no later than 30 days after the contract is concluded or, where payment in advance has been agreed, no later than 30 days after that payment is received.

(2) If SGP itself is not supplied, is supplied incorrectly or is not supplied on time, even though SGP concluded a corresponding (congruent) covering transaction with a reliable supplier before concluding the contract with the Customer, and SGP is not responsible for this, or if force majeure prevents delivery (e.g. natural events, strikes at third-party businesses, official measures, transport failures for which SGP is not responsible), SGP will inform the Customer without undue delay of the disruption and its expected duration. In relation to Business Customers, agreed periods are extended by the duration of the disruption, but by no more than six weeks; if the disruption lasts longer, either party may rescind the contract in whole or in part. SGP will refund any amounts already paid without undue delay. In relation to Consumers, the statutory rights remain unaffected.

(3) If SGP fails to meet a delivery date, the Customer’s rights are governed by the statutory provisions, in particular rescission after a reasonable additional period has expired without result (§ 323 BGB). Damages are governed by Section 9.

(4) Partial deliveries are permissible if they are reasonable for the Customer. For bullet trap granulate and other goods delivered by weight or volume, production-related over- or under-deliveries of up to 10 % of the quantity ordered are permissible; the quantity delivered is invoiced. Only the tolerances under Section 2 (5) apply to goods on rolls and to the dimensions of cut-to-size pieces, curtains and other custom-made products. For goods delivered by weight, SGP invoices the net weight excluding big bags and pallets as determined by weighing on legally verified (geeicht) scales at SGP or its upstream supplier; it is stated on the delivery note. The Customer may prove a lower quantity. (Business Customers only)

(5) In relation to Business Customers, the risk passes to the Customer as soon as the goods have been handed over to the forwarding agent, carrier or person collecting them, and for delivery FCA (Section 3 (1)) upon loading onto the vehicle provided by the Customer; if the Customer does not collect the goods in time, the risk passes when the Customer is in default of acceptance. This also applies to partial deliveries, to deliveries for which SGP bears the freight and to transport by SGP in its own vehicles. Any different Incoterms® clause agreed takes precedence. If the Customer bears the transport risk, SGP will assign to it, on request, its claims against the forwarding agent and carrier. If SGP also owes a Business Customer installation, filling or replacement on site, the risk passes only upon acceptance (Section 5 (5)); if goods are delivered to the place of use at the Customer’s request before work begins, the Customer bears the risk of loss until then and must store the goods in a protected and locked place. In relation to Consumers, the risk passes only when the goods are handed over to the Consumer.

(6) For delivery by lorry, the Customer must provide an access route that vehicles can use and arrange unloading, e.g. with a forklift for big bags and pallets, unless otherwise agreed.

(7) If the Customer does not take delivery of the goods on time, SGP may store the goods at the Customer’s expense and claim reimbursement of the additional costs, in particular storage costs. The statutory rights remain unaffected. If a Business Customer is in default of acceptance, SGP may charge a storage fee of 0.5 % of the net value of the goods for each month or part thereof, up to a maximum of 5 %, from the 15th day after notification that the goods are ready for dispatch or collection, but not before the 15th day after the agreed delivery or collection date; the Customer may prove that no costs or lower costs were incurred, and SGP may prove higher costs. If a Business Customer fails to collect or accept the goods despite a deadline of at least two weeks set by SGP in text form, SGP may rescind the contract and claim damages in accordance with the statutory provisions. If it refuses to accept goods that conform to the contract, it bears the costs of return freight and redelivery.

(8) For deliveries to other EU Member States, the Customer must provide its valid VAT identification number before delivery and, on request, give SGP without undue delay a confirmation of arrival (Gelangensbestätigung) or other evidence under § 17b UStDV. For exports to countries outside the EU, SGP files the export declaration as exporter; the Customer bears the costs. If the Customer collects the goods itself or has them collected, it must ensure that the goods are exported through the customs office of exit with the export documents and that SGP receives the exit endorsement. If SGP cannot claim the tax exemption for reasons for which the Customer is responsible, the Customer must subsequently pay the German VAT incurred. (Business Customers only)

(9) In the case of call-off orders and framework orders with a bindingly agreed purchase quantity, the Customer must call off the agreed quantity within the agreed term or, if none has been agreed, within 12 months of the order confirmation. The Customer may postpone agreed call-off dates with SGP’s consent; SGP will consent insofar as this is reasonable. After the call-off period has expired, SGP may set the Customer an additional period of two weeks in text form and, after it has expired without result, deliver and invoice the remaining quantity or rescind the contract in respect of the remaining quantity. (Business Customers only)

(10) SGP issues or applies for proofs of origin and preferential origin (e.g. supplier’s declaration, chamber of commerce certificate of origin) insofar as the requirements are met and the Customer requests them in text form no later than with the order; SGP charges third-party fees and its own expense in accordance with the offer. SGP does not owe any reduction of customs duties in the country of destination; SGP is liable for the accuracy of the proofs it issues in accordance with Section 9. (Business Customers only)

Section 5 – Installation and On-Site Services

(1) If SGP undertakes installation, filling, replacement or removal (e.g. of splinter protection curtains, rail systems, cover tarpaulins, bullet trap granulate), the scope is determined by the offer and order confirmation.

(2) The Customer must create the conditions needed for the work to proceed promptly. These include in particular:

• free access to the work area on the agreed date, with no shooting operations during that time;
• electricity, lighting and, where necessary, lifting equipment or working heights that do not require scaffolding, as agreed;
• load-bearing ceilings, walls and fixing points; their suitability and structural stability are verified by the Customer or the Customer’s specialist planner;
• information on concealed lines, hazardous substances and special safety rules on site.

(3) If the work is delayed for reasons for which the Customer is responsible (e.g. waiting times, missing approvals), SGP may charge for the additional expense at the rates under Section 3 (2).

(4) Old material (e.g. used, lead-containing bullet trap granulate, old curtains, tarpaulins or lamellae) remains the property of the Customer. As between the Customer and SGP, the Customer is responsible for its classification (waste code, with analysis if required) and disposal. Before work begins, the Customer must inform SGP in text form of any known contamination, in particular by lead. SGP places removed old material at a location on site designated by the Customer, in containers provided by the Customer. SGP undertakes removal from site and disposal only under a separate agreement in text form, and in that case through licensed carriers and waste disposal companies at the Customer’s expense.

(5) Where SGP owes work under a contract for work (Werkleistung), the Customer must accept it once the work has been completed. At the request of either party, acceptance is recorded in a joint acceptance report; acceptance may also take place by conduct, for example by resuming shooting operations. The work is also deemed accepted if, after completion, SGP has set the Customer a reasonable period for acceptance and the Customer does not refuse acceptance within that period, stating at least one defect (§ 640 (2) BGB). In relation to Consumers, this applies only if, when requesting acceptance, SGP informed the Consumer of this consequence in text form. If SGP supplies goods and also installs them (purchase with installation), a report serves only as documentation; the Customer’s statutory rights in respect of defects remain unaffected.

(6) The operator arranges for acceptance of the shooting range by a shooting range expert or the competent authority. SGP’s services do not replace this acceptance.

(7) The Customer is responsible for the structural stability and suitability of the on-site ceilings, walls and fixing points and of any parts provided by the Customer (e.g. existing rails, drives, pulling and sliding systems, reused curtains, fastening materials). SGP informs the Customer in text form of any concerns that are recognisable when the work is carried out properly. SGP is not liable for defects in the work that are due to on-site conditions or parts provided by the Customer if it has fulfilled this duty to inform.

Section 6 – Suitability, Test Reports and Wear

(1) The requirements of a particular shooting range (weapons, calibres, projectile energy, angle of impact, layer thickness, distances) are determined by the operator with its shooting range expert; the Customer must notify SGP of them in text form before the contract is concluded. SGP advises on this to the best of its knowledge. SGP is obliged to ensure that the goods are suitable for ordinary use and for the use presupposed under the contract; the operating conditions notified by the Customer and the operating limits stated in the offer, order confirmation or data sheet are decisive. In relation to Business Customers, SGP is responsible for suitability under special operating conditions that go beyond ordinary use and were not notified to SGP before the contract was concluded only if this has been agreed. In relation to Consumers, § 434 BGB remains unaffected. Splinter protection, lamellae, cover tarpaulins and bullet trap granulate reduce ricochets and splinters but do not rule them out in every case; the operator is responsible for the safety of the shooting range as a whole (e.g. geometry, angles of impact, hard components in the line of fire). SGP’s obligations under sentence 3 and under Sections 8 and 9 remain unaffected.

(2) Test reports, expert opinions and approvals apply only to the construction, material and conditions tested. They are not a guarantee for other applications. SGP owes inspections for each delivery or batch (e.g. ballistic tests) only if this has been agreed.

(3) Splinter protection, cover tarpaulins, lamellae, bullet trap granulate, front panels and projection paper are wear materials. Their service life depends mainly on the number of hits, the ammunition and the care they receive and, outdoors or under partial roofing, also on sunlight, ozone, heat and frost. The operator must check their condition regularly, paying particular attention to bonded and seamed areas and to patches, and have worn parts replaced in good time. Normal wear and tear is not a defect.

(4) The Customer must follow the safety, installation and processing instructions that SGP provides with the offer, data sheet, installation instructions or goods, in particular those on storage, bonding, fastening and permissible loads. Rights in respect of defects and liability are governed exclusively by these GTC and the law; any different rules on these matters in notes, data sheets or on the website do not apply.

(5) In relation to Business Customers, SGP assumes a guarantee in the legal sense (§ 443 BGB) only by an express declaration of guarantee; in relation to Consumers, § 443 BGB applies. SGP issues declarations of guarantee in text form. Information on typical values in data sheets, test reports and samples does not in itself constitute a guarantee. The statutory rights in respect of defects remain unaffected by a guarantee.

Section 7 – Retention of Title

(1) The goods remain the property of SGP until the purchase price has been paid in full. In relation to Business Customers, they remain the property of SGP until all claims arising from the ongoing business relationship have been paid.

(2) Business Customers may resell or install the goods subject to retention of title in the ordinary course of business. They hereby assign to SGP all claims arising from the resale or installation in the amount of the invoice value of the goods subject to retention of title; SGP accepts the assignment. The Customer remains authorised to collect these claims as long as it fulfils its payment obligations towards SGP. The Customer may not pledge the goods or transfer them by way of security. (Business Customers only)

(3) If the Customer processes or transforms the goods subject to retention of title, this is always done for SGP as manufacturer (§ 950 BGB). If they are processed, inseparably combined or mixed with other items not belonging to SGP, SGP acquires co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title (including VAT) to the value of the other items at the time of processing or combination. If the Customer’s item is to be regarded as the main item, the Customer transfers proportionate co-ownership to SGP and holds it in safe custody for SGP. (Business Customers only)

(4) If third parties seek access to the goods subject to retention of title, for example by seizure, the Customer must point out that the goods are owned by SGP and inform SGP in text form without undue delay.

(5) If the realisable value of the securities exceeds SGP’s outstanding claims by more than 10 %, SGP will, at the Customer’s request, release securities of its choice.

(6) If the Customer does not pay the purchase price when due, SGP may rescind the contract after a reasonable period for payment has expired without result and demand the return of the goods subject to retention of title.

Section 8 – Rights in Respect of Defects

(1) The statutory provisions apply to material defects and defects of title unless otherwise provided below. In relation to Consumers, the statutory provisions apply without restriction; Consumers have statutory rights in respect of defects (statutory warranty) for a minimum period of two years. Paragraph (6) sentence 1 merely clarifies what is not a defect under the law either. Paragraphs (2) to (5), paragraph (6) sentence 2, paragraph (7) and paragraphs (9) to (11) apply only in relation to Business Customers.

(2) If the Customer is a merchant (Kaufmann), §§ 377, 381 HGB apply with the following proviso: obvious defects, wrong deliveries, quantity deviations and transport damage must be notified in text form within 7 calendar days of delivery, and defects that were not recognisable on inspection within 7 calendar days of their discovery. If the Customer is a Business Customer but not a merchant (e.g. a public authority or a freelancer), it must notify obvious defects, including wrong deliveries and quantity deviations, in text form within two weeks of delivery; no notification period applies to it for defects that are not obvious. Before installation, cutting, further processing or onward delivery, the Customer must check the goods for dimensions, quantity, design and recognisable faults. The Customer must note transport damage on the delivery note or consignment note upon delivery. The Customer must notify SGP of transport damage that is not externally recognisable, where possible within 7 days of delivery, with photos in text form, so that SGP can preserve its claims against the carrier (§ 438 (2) HGB); the notification periods under sentences 1 and 2 remain unaffected. The Customer must keep the goods and packaging until the matter has been clarified. If the Customer misses a notification period under sentence 1 or 2, it cannot assert any rights in respect of that defect; this does not apply if SGP fraudulently concealed the defect, nor to claims under Section 9 (1). Sending the notification in good time is sufficient to meet the periods under sentences 1 and 2. (Business Customers only)

(3) For Business Customers, SGP chooses whether to remedy the defect or to deliver goods free from defects. Defective goods may be returned only after consultation with SGP. If only part of goods on rolls or sold by the metre is defective and the Customer can reasonably use the remaining goods, subsequent performance, rescission and price reduction are limited to the defective part. SGP reimburses the costs of removal and installation in accordance with the statutory provisions (§ 439 (3) BGB). (Business Customers only)

(4) Claims of Business Customers for material defects and defects of title become time-barred 12 months after delivery or, for work under a contract for work, 12 months after acceptance. This does not apply in cases of intent, fraudulent intent or the assumption of a guarantee, nor to claims for damages under Section 9 (1) and (2), nor to items that have been used for a building in accordance with their customary use and have caused it to be defective (§ 438 (1) no. 2 BGB), nor to buildings and work on them (§ 634a (1) no. 2 BGB), nor to recourse claims within the supply chain (§§ 445a, 445b, 478 BGB); in these cases the statutory periods apply. (Business Customers only)

(5) For cut-to-size pieces and custom-made products made according to the Customer’s dimensions, drawings or samples, SGP is not liable for errors that result from these specifications unless SGP recognised the error or it was obvious (Section 2 (6)) and SGP did not inform the Customer of it. (Business Customers only)

(6) The following are not defects: normal wear and tear (Section 6 (3)), and damage caused by improper storage, installation or modification by the Customer or by third parties not acting on SGP’s behalf, unless such damage results from faulty installation or processing instructions from SGP. In relation to Business Customers, the following are also not defects: damage caused by shots fired outside the operating conditions agreed or stated in the data sheet or installation instructions, and deviations in colour, surface, hardness or dimensions within the tolerances under Section 2 (5).

(7) If it turns out that there is no defect (e.g. normal wear and tear or shots fired outside the operating conditions), SGP may claim reimbursement of the costs of the inspection and of any on-site call-out at the rates under Section 3 (2), if the Customer could have recognised by a reasonable inspection that there was no defect. (Business Customers only)

(8) To allow a notice of defect to be examined, the Customer must provide on request meaningful photos, the delivery note or roll number and information on installation, storage and use (e.g. type of ammunition, approximate number of shots, period of use). The Customer must keep the goods complained of until the examination has been completed and make them or a sample available to SGP on request. The statutory rights of Consumers remain unaffected.

(9) If SGP expressly designates a service as a goodwill gesture when providing it (e.g. replacement or repair material, price reduction), SGP provides it without acknowledging any legal obligation; it does not constitute an acknowledgement of a defect and does not give rise to any claim to the same services in other cases. (Business Customers only)

(10) Before instructing third parties to remedy a defect, the Customer must give SGP an opportunity in text form to provide subsequent performance within a reasonable period, except where there is imminent danger. SGP reimburses the costs of the Customer remedying the defect itself without such an opportunity only to the extent provided for by law. The claim to reimbursement of the necessary costs of removal and installation under § 439 (3) BGB remains unaffected. (Business Customers only)

(11) If the Customer resells the goods, it must pass on the instructions referred to in Section 6 (4) to its purchasers. It must notify SGP in text form without undue delay after becoming aware of any complaints from its purchasers and enable SGP to examine them under paragraph (8). Commitments, guarantees or goodwill services that the Customer gives its purchasers beyond the statutory rights in respect of defects do not bind SGP. Recourse claims under §§ 445a, 445b and 478 BGB remain unaffected. (Business Customers only)

Section 9 – Liability

(1) SGP is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, for fraudulently concealed defects, under a guarantee it has given and under the Product Liability Act (Produkthaftungsgesetz).

(2) In cases of simple negligence, SGP is liable only for breach of material contractual obligations. These are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the Customer may regularly rely. In such cases, liability is limited to the damage that is typical for the contract and was foreseeable when the contract was concluded. In relation to Business Customers, liability under this paragraph is additionally limited to EUR 5,000,000 per claim; paragraph (1) remains unaffected.

(3) Otherwise, the Customer’s claims for damages and for reimbursement of wasted expenditure are excluded, whatever their legal basis. The Customer’s rights to subsequent performance (including the costs of removal and installation under § 439 (3) BGB), rescission and price reduction remain unaffected.

(4) The limitations of liability also apply to the personal liability of SGP’s corporate bodies, employees and vicarious agents.

(5) These rules do not change the burden of proof to the Customer’s disadvantage.

Section 10 – Custom-Made Products, Returns and Export Control

(1) SGP does not take back or exchange cut-to-size pieces, goods cut from the roll to the Customer’s length (sold by the metre), bonded continuous curtains or other goods made according to the Customer’s dimensions or drawings. The statutory rights in respect of defects and any statutory right of withdrawal of Consumers (Section 11) remain unaffected. There is no right of withdrawal for contracts for the supply of goods that are not prefabricated and for whose manufacture an individual selection or determination by the Consumer is decisive, or that are clearly tailored to the personal needs of the Consumer (§ 312g (2) no. 1 BGB).

(2) If the Customer terminates an order for cut-to-size pieces, bonded curtains or other custom-made products before delivery (§§ 650 (1) sentence 3, 648 BGB), SGP may claim the agreed remuneration less the expenses saved and any alternative earnings. SGP will carry out requests for changes made after the order confirmation insofar as this is reasonable. SGP will inform the Customer in advance in text form of the costs of work already performed, material that cannot be used otherwise and additional expense (rates under Section 3 (2)) and of the new delivery date; the change becomes binding only with the Customer’s consent.

(3) If a Business Customer has made a mistake about the type, size or quantity of stock goods, there is no entitlement to have them taken back. SGP may agree to take them back as a gesture of goodwill in individual cases if the Customer makes a request in text form within 14 days of delivery and the goods are unused, undamaged, in their original packaging and resaleable. In that case, SGP charges 20 % of the value of the goods as a handling fee; the goods are returned at the Customer’s cost and risk. The Customer remains entitled to prove that the expense incurred was lower. (Business Customers only)

(4) SGP is not obliged to deliver to the extent that provisions of the foreign trade, customs or sanctions law of the EU, Germany or the United Nations prevent this, or provisions of the USA to the extent that they are applicable and compatible with the law of the EU and Germany (in particular with Regulation (EC) No 2271/96 and § 7 AWV). Licensing procedures extend the delivery periods accordingly. If a required licence is refused or not granted within three months, either party may rescind the contract; SGP will refund any amounts already paid. The Customer must provide the necessary information and documents (e.g. end-use declaration) in good time.

(5) Customers with their registered office outside the EU may not sell, export or re-export the goods delivered, directly or indirectly, to Russia or Belarus or for use in Russia or Belarus. They must use their best efforts to ensure that downstream purchasers do not frustrate this and must inform SGP without undue delay of any breaches or attempts at circumvention that come to their knowledge. If the Customer breaches these obligations, SGP may rescind the contract and suspend outstanding deliveries; in the event of a culpable breach, the Customer must compensate for the resulting damage. On request, the Customer must provide evidence of the end use. (Business Customers only)

Section 11 – Right of Withdrawal for Consumers

Consumers have a right of withdrawal if they concluded the contract outside business premises or exclusively by means of distance communication (e.g. by e-mail, telephone or letter). Before the contract is concluded, SGP provides Consumers with these GTC together with the instructions on withdrawal and the model withdrawal form in text form, e.g. as a PDF with the offer, and afterwards confirms the contract with these documents on a durable medium. The following instructions apply to contracts for the supply of goods, even if SGP also installs the goods, fills them in or replaces them. For contracts solely for on-site services without delivery of goods, the Consumer receives separate instructions on withdrawal with the offer. SGP begins installation, filling or replacement before the withdrawal period has expired only if the Consumer expressly requests this, and, for contracts concluded outside business premises, only if the request is made on a durable medium.

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us (SGP – Spezial Gummiprodukte GmbH, Raiffeisenstraße 10, 46244 Bottrop-Kirchhellen, telephone +49 (0) 2064 991966-0, e-mail info@rutec-gummi.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us (SGP – Spezial Gummiprodukte GmbH, Ziegeleiweg 35A, 46539 Dinslaken) without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. The costs are estimated at a maximum of approximately EUR 350 per pallet or roll (up to 500 kg) and a maximum of approximately EUR 600 per big bag or heavy pallet (up to 1,200 kg). You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

End of instructions on withdrawal

Exclusion and early expiry of the right of withdrawal

There is no right of withdrawal for contracts for the supply of goods that are not prefabricated and for whose manufacture an individual selection or determination by the Consumer is decisive, or that are clearly tailored to the personal needs of the Consumer (§ 312g (2) no. 1 BGB). With us, this concerns goods that we manufacture only according to your specifications, in particular sheets and strips that we cut to a width, special size (length and width) or shape specified by you, punched and water-jet-cut parts, bonded or joined parts, made-to-measure curtains and other custom-made products according to your drawing, sample or other specifications. It does not cover goods in our standard dimensions (e.g. whole sheets and whole rolls) or standard goods that we procure specifically for you. We mark the items for which there is no right of withdrawal in our offer before the contract is concluded.

For contracts for the supply of goods, the right of withdrawal expires early if, after delivery, the goods have by their nature been inseparably mixed with other items (e.g. bullet trap granulate that has been filled into a bullet trap containing existing granulate).

For a contract for services, the right of withdrawal expires when the service has been fully performed if, before performance began, you expressly consented to our beginning performance before the end of the withdrawal period, you transmitted this consent on a durable medium (e.g. letter, e-mail) in the case of a contract concluded outside our business premises, and you acknowledged that your right of withdrawal will expire once we have fully performed the contract. This applies only to contracts solely for services (with separate instructions), not to the supply of goods with installation, filling or replacement.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

• To SGP – Spezial Gummiprodukte GmbH, Raiffeisenstraße 10, 46244 Bottrop-Kirchhellen, e-mail info@rutec-gummi.de:
• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
• Ordered on (*)/received on (*),
• Name of consumer(s),
• Address of consumer(s),
• Signature of consumer(s) (only if this form is notified on paper),
• Date

(*) Delete as appropriate.

Section 12 – Data Protection and Final Provisions

(1) SGP processes the Customer’s personal data in order to perform the contract. Further details are set out in the privacy policy at www.sgp-rutec.com/de/datenschutz/.

(2) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). In relation to Consumers, this choice of law applies only insofar as it does not deprive the Consumer of the protection of the mandatory provisions of the law of the state in which the Consumer has their habitual residence.

(3) Unless otherwise agreed, the place of performance for deliveries is SGP’s warehouse in Dinslaken, for installation and other on-site services the agreed place of use, and for payments SGP’s business address in Bottrop. (Business Customers only)

(4) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is Bottrop. The same applies if the Customer is a Business Customer and has no general place of jurisdiction in Germany. SGP may also sue the Customer at the Customer’s general place of jurisdiction. Overriding statutory provisions, in particular those on exclusive jurisdiction, remain unaffected. (Business Customers only)

(5) Declarations and notifications by the Customer under these GTC (e.g. setting deadlines, notifying defects, rescission) must be made in text form; an e-mail is sufficient. (Business Customers only) Consumers may make such declarations, and declare withdrawal under Section 11, without any particular form; an e-mail is recommended for purposes of proof.

(6) If individual provisions of these GTC are invalid, the rest of the contract remains valid. The invalid provision is replaced by the statutory provisions.

(7) These GTC are available in German and English. In the event of any discrepancy, the German version shall prevail.

(8) SGP is neither willing nor obliged to take part in dispute resolution proceedings before a consumer conciliation body.

Last updated: October 2026