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General Terms and Conditions (GTC) of Bretgeld Engineering GmbH for Electronics Manufacturing and PCB Assembly
Scope of Application
1.1 These GTC apply to all business relationships between Bretgeld Engineering GmbH (hereinafter referred to as “we” or “us”) and our customers (hereinafter referred to as “Customer”) concerning services in the field of electronics manufacturing and PCB assembly.
1.2 Deviating or supplementary conditions of the customer shall not become part of the contract unless we have expressly agreed to their validity in writing.
1.3 If a written framework agreement has been concluded between Bretgeld Engineering GmbH and the customer, in case of contradictions between these GTC and the provisions of the framework agreement, the provisions of the framework agreement shall prevail.
2. Offers and Conclusion of Contract
2.1 Our offers are non-binding and without obligation. A contract is only concluded with our written order confirmation.
2.2 Technical specifications, images, and drawings in offers and product descriptions are only approximate unless they are expressly designated as binding.
3. Scope of Services
3.1 The scope of services is determined by the written order confirmation. We provide services for the assembly of circuit boards, as well as the associated assembly and testing.
3.2 Changes to the scope of services require the written confirmation of both parties.
3.3 A failure rate of up to 1% due to production-related circumstances (e.g., incorrectly assembled boards) is industry standard and does not entitle the customer to a claim for replacement.
4. Customer Data and Responsibilities
4.1 The customer is responsible for providing us with complete and correct data necessary for PCB assembly. These data are binding for the execution of the order. Oral changes or supplements are not accepted by us; all changes must be made in writing.
4.2 The customer bears full responsibility for the supplied data, including layout and manufacturing data, as well as for the creation and accuracy of the solder paste mask. We are not liable for errors or damages resulting from incorrect or incomplete customer data. Should soldering errors occur due to faulty data provided by the customer, the customer assumes liability.
4.3 If the customer desires a specific thickness of the stencil, this requirement must be communicated in writing. Otherwise, we will choose a standard thickness between 100 µm and 150 µm at our discretion.
4.4 The customer is obligated to ensure that all supplied materials and components meet the required technical specifications and quality standards, particularly for the vapor phase soldering process and all other production processes necessary for PCB assembly.
4.5 Provided Material:
4.5.1 The customer must ensure that the provided material exceeds the required production quantity by at least 3% to ensure smooth production.
4.5.2 If the customer does not provide the material in sufficient quantity, we will procure the material upon request. In this case, we are responsible for the material procurement and ensure that the required quantities are provided. However, it is expressly noted that we cannot guarantee compliance with the originally agreed delivery time in such cases. Additional costs incurred, including those due to unforeseen additional expenses, reorders, or delays in procurement, will be invoiced to the customer separately.
4.6 If the materials or components supplied by the customer have quality or specification defects that could affect product quality or safety, we reserve the right to refuse assembly or to notify the customer of the issue. We reserve the right to charge the customer for any delays or additional expenses arising from processing such materials.
4.7 The responsibility for damage to components or final products due to non-compliance with material and component specifications by the customer lies with the customer. This particularly includes errors caused by improper storage or inadequate marking of the components.
5. Vapor Phase Soldering Process
5.1 We generally use the vapor phase soldering process for PCB assembly. The customer is responsible for ensuring that all components listed in the Bill of Materials (BOM)—including those not supplied by the customer—are suitable for this process. Components that are not vapor-phase capable may be damaged during soldering; we accept no liability for this.
5.2 The customer is obliged to provide us with the appropriate temperature profiles for processing their components. If the customer does not provide specific temperature profiles, we apply standardized temperature profiles selected to the best of our knowledge and belief. Liability for damage to components due to inadequate or missing information about the temperature profile is excluded.
5.3 If the customer has special requirements for the vapor phase soldering process, these must be agreed upon in writing in advance and included in the order.
6. Quality Assurance and Acceptance Testing
6.1 We perform standardized quality assurance measures to ensure that our products meet industry-standard standards and quality requirements. The customer has the option to agree on additional tests or an acceptance test of the manufactured PCBs. These must, however, be commissioned and confirmed in writing in advance.
6.2 Should a defect be identified during the acceptance test, we are entitled to remedy the defect by rectification. Further claims within the framework of the acceptance test are governed by the legal provisions and our warranty regulations.
6.3 Additional tests or acceptances that go beyond the standardized quality controls and are carried out at the customer’s request are chargeable. The customer will be informed in advance of the costs incurred.
7. Withdrawal Rights
7.1 The customer is entitled to withdraw from the contract if we exceed a written agreed delivery deadline by more than 14 days for reasons attributable to us and a reasonable grace period set in writing by the customer has also expired unsuccessfully.
7.2 In addition, the customer has the statutory right to withdraw if we do not perform the owed service or if it is defective and subsequent performance according to the warranty provisions is not successful.
7.3 The customer’s right of withdrawal is forfeited if the delay or defect was caused by a breach of duty by the customer, e.g., due to late delivery of the materials or data required for production.
8. Delivery Deadlines and Conditions
8.1 Delivery deadlines and dates are only binding if agreed in writing. Compliance with the deadline requires the timely fulfillment of the customer’s obligations.
8.2 In the event of force majeure or other circumstances beyond our control, delivery deadlines and dates are extended accordingly.
8.3 Delivery is made according to the Incoterms EXW (Ex Works / At Factory). From the provision of the goods at the agreed location, the customer bears all risks and costs, including transportation, loading, and customs clearance.
9. Prices and Payment Conditions
9.1 Our prices are ex works and exclusive of packaging and shipping costs. These will be invoiced separately.
9.2 The invoice amount is due for payment within 30 days from the date of the invoice without any deductions, unless otherwise agreed in writing.
9.3 In the event of late payment, we charge interest on arrears at a rate of 9 percentage points above the base interest rate.
10. Retention of Title
10.1 The delivered goods remain our property until full payment of all claims has been made.
10.2 The customer is obliged to handle the goods subject to retention of title with care. In the event of seizure or other third-party access to the goods, the customer must notify us in writing immediately to enable us to enforce our rights.
11. Warranty and Defect Liability
11.1 We warrant that our products and services are free from material defects. The warranty period is 12 months from delivery.
11.2 The customer is obliged to inspect the delivered goods immediately, but no later than within 7 days of receipt, for any obvious defects and to notify us in writing. Hidden defects must be reported immediately upon discovery.
11.3 Warranty claims exist only if the delivered goods have been used properly and handled correctly. In the event of a defect, we provide subsequent performance by either repair or replacement at our discretion. If subsequent performance has failed twice, the customer may demand a reduction or withdraw from the contract.
11.4 The warranty is void if the delivered goods are stored, installed, operated, or maintained improperly or contrary to the specified specifications. We are not liable for damages resulting from such improper actions.
12. Limitation of Liability
12.1 Our liability is generally limited to the respective order value, unless the damage was caused intentionally or by gross negligence.
12.2 We are liable for damages resulting from an intentional or grossly negligent breach of duty within the legally prescribed extent. This also applies in the case of breach of essential contractual obligations, where in this case the liability is limited to the contract-typical, foreseeable damage.
12.3 The foregoing limitations of liability do not apply in the event of injury to life, body, and health or in the case of mandatory statutory provisions.
13. Confidentiality and Data Protection
13.1 The customer undertakes to treat all information that becomes known to them in the course of cooperation confidentially and not to disclose it to third parties.
13.2 We commit to comply with data protection regulations and to process the customer’s personal data only within the scope of the business relationship.
13.3 The customer may request information at any time about the personal and business-related data stored by us.
14. Final Provisions
14.1 If individual provisions of these GTC are or become invalid, the validity of the remaining provisions remains unaffected.
14.2 The law of the Federal Republic of Germany applies. The place of jurisdiction for all disputes arising from or in connection with this contract is our company headquarters.
14.3 Amendments and supplements to these GTC must be in writing. This also applies to the abolition of the written form requirement.