Alternatives to water-based CR adhesives and more ...
Driven by increasing technology requirements and changes in the supply of raw materials, Wakol is continuously expanding its foam adhesive product line. Accordingly, product launches at interzum 2019 include Chloroprene-Rubber(CR)-free water-based spray adhesives as well as an innovative flame retardant CR-Latex adhesive.
The demand for alternatives to water-based CR adhesives is higher than ever. Tailored to meet market requirements, Wakol has developed INTERCOLL D 3095, a CR-free 2-C dispersion adhesive based on polyurethane suitable for the manufacturing of mattresses and upholstery. Product features are comparable to 2-C CR-Latex adhesives. INTERCOLL D 3095 shows high initial tack as well as excellent green strength for bonding foam materials in a very short time. The dried adhesive film is very flexible and resistant against ageing. Moreover, INTERCOLL D 3095 is free from chlorine respectively halogen-organic compounds in general.
The new INTERCOLL D 3468 is a solvent-free 1-C CR-Latex adhesive that produces a self-extinguishing adhesive film and is therefore suitable for use in components that have to comply with fire protection requirements. Application fields include seating components designed for public transport respectively mass transport as well as mattresses for cruise ships or military facilities. From a product feature perspective, INTERCOLL D 3468 shows high temperature stability as well as excellent green strength for bonding foam materials in a very short time.
Visit Wakol at interzum from May 21st - 24th 2019 in in Hall 10.1, Aisle H, Stand 011 and convince yourself of the INTERCOLL-Products .
Wakol and Ardex Australia announced today, they have jointly acquired a strategic majority stake in Nexus Adhesives.
Nexus Adhesives is a market leader in the flooring adhesive and carpet backing compound industry in Australia.
“This joint venture strengthens our leading position in the Australian market,” said Mark Eslamlooy, CEO ARDEX Group. “With our system competence we provide solutions for our customers.”
“We feel very proud that ARDEX and Wakol have asked Nexus Adhesives to join the group,” Jonathon Clewlow and Brett Nixon said, Owners of Nexus Adhesives. “It’s a vote of confidence in Australian manufacturing and we look forward to exploring growth opportunities for Nexus Adhesives both in Australia and further afield.”
Nexus will continue to operate independently from the ARDEX companies. Jonathon Clewlow and Brett Nixon will continue to manage and drive Nexus Adhesives forward.
Established in Australia in 2006, Nexus Adhesives manufactures and distributes flooring adhesives and carpet backing compounds throughout Australia and New Zealand. Dedicated to delivering innovative, dependable products, they focus on servicing the professional contractor.
Wakol presents in hall 13, stand C31 from 11 to 14 January the latest product range WAKOL MS 330 Silane Primer as well as the MS 262 Parquet Adhesive, firm-elastic. Look forward for daily demonstrations.
WAKOL MS 330 Silane Primer – fastest moisture barrier
WAKOL MS 330 Silane Primer is the first roll- or trowelable silane-modified moisture barrier with an unparalleled drying time of under one hour. After only 60 minutes the subfloor is protected against increased residual moisture and ready for parquet installation. Another advantage of WAKOL MS 330 Silane Primer: In just one step a moisture barrier up to 5 CM% is achieved on unheated subfloors is achieved, on heated subfloors up to 3 CM% or 85 % KRL.
Whether as a primer, solidifying agent for subfloors or as a moisture barrier – WAKOL MS 330 Silane Primer enables floor layers to achieve an optimum parquet installation environment. It is suitable as a primer on new and old subfloors, firmly fixed adhesive residue, absorbent and non-absorbent subfloors. Thanks to its solidifying effect it can also be applied on stressed screeds. And, as a 1-component product, WAKOL MS 330 Silane Primer is always ready to use. Dirty stirring tools, mixing errors and remaining hardened quantities are a thing of a past.
Finally, WAKOL MS 330 Silane Primer is compatible with all Wakol MS adhesives. After an initial coating with WAKOL D 3045 Special Primer followed by levelling, it even allows for laying textile or resilient flooring.
WAKOL MS 262 Parquet Adhesive – ergonomic application
WAKOL MS 262 Parquet Adhesive, firm-elastic is easy to squeeze out, while unwanted dripping has been eliminated. Thanks to the easy-to-use tubular bag it enables an ergonomic processing in standing as well as a fast and precise application – with all standard applicators. And when it comes to residue management, the empty sausages occupy significantly less space in the waste bin than stacks of containers.
Due to its high inner strength the WAKOL MS 262 Parquet Adhesive, firm-elastic can comfortably absorb any movement caused by expansion of parquet flooring. Moreover, parquet flooring laid with a firm-elastic adhesive is more robust and has a smoother surface compared to flooring laid using a standard elastic adhesive.
As the WAKOL MS 262 Parquet Adhesive, firm-elastic comes with a quick setting and a high initial grab, it allows bonding of all relevant types of parquet flooring as well as selected cork floorings. Combined with WAKOL TS 160 Footfall Soundproofing Mat or WAKOL TS 170 Footfall Soundproofing Sheet a unique footfall soundproofing system for multilayer and solid parquet with matchboard joining is available to the market.
Further product information can be obtained during the hands-on product demonstrations at the joint stand of Loba and Wakol. Presentations will be given several times a day in exhibition hall 13, stand C31. We look forward to meeting you!
Please find the official press release HERE .
Michael Fischer confirmed as Managing Partner, further expansion and long-term succession secured...
Adhesives manufacturer Wakol GmbH is increasing its share in LOBA GmbH & Co. KG, one of the world’s leading manufacturers of surface treatments, and now holds a majority stake in the company. As Wakol has been majority-owned by ARDEX since 2015, LOBA will thus become part of the international ARDEX Group. To facilitate this transaction, four long-standing LOBA shareholders have put their shares up for sale. The overriding goal of this decision is to safeguard the company’s long-term success. Therefore, the new shareholder structure consists of Wakol GmbH and Michael Fischer, who will remain as Managing Partner.
“By linking LOBA with Wakol, we have managed to provide our company with an extremely sustainable perspective and pave the way for my succession early on. The international operations of the ARDEX Group offer excellent opportunities to continue growing and to lead LOBA into a successful future”, says Managing Partner Michael Fischer about the new structure. “I am most delighted that our shareholders unanimously supported this step and that we have been able to win such substantial partners for LOBA”.
Christian Groß, Wakol shareholder and CEO, sees the strengthening and expansion of the existing cooperation as a common goal: “LOBA and Wakol have been working together excellently for over 20 years and we are now able to reinforce this even further. I am convinced that the ARDEX Group offers great opportunities for both companies, whilst at the same time preserving the values and culture of a family business”.
Mark Eslamlooy, CEO of the ARDEX Group, has also expressed his pleasure over the partnership: “The cooperation with LOBA provides us with an optimal constellation to further expand our competence in the field of flooring systems and surface finishings. The LOBA brand enjoys a distinguished reputation and stands for technical competence, premium products and outstanding service. The strong international orientation and the extremely high level of commitment of the people involved have convinced us that LOBA is the ideal partner for us”.
Ditzingen site to be expanded – company will remain independent
LOBA's Ditzingen site will be further expanded as a development and production center for surface finishing within the ARDEX Group. The treatment and finishing of wood and cork currently play a key role for LOBA. Additionally, the company is expanding its activities in finishing resilient floor coverings as well as cementitious surfaces.
The company name, brand and sales structure remain unchanged as well as the contact persons for customers and suppliers. In both companies, the organization and personnel will remain the same. Following a mandatory review by the antitrust authorities, the transaction is expected to be completed at the latest by the end of November 2018.
Wakol GmbH develops, produces and very successfully sells laying materials, industrial adhesives and sealing compounds. It has stood for premium quality and customer accessibility for over 80 years. The ARDEX Group has been the majority shareholder of this family-owned company since 2015. Over 185 people are employed at the headquarters in Pirmasens; worldwide, the Wakol Group employs around 230 people. Besides Germany, Austria, Switzerland, North America and the Netherlands are amongst the most important sales markets. There are further intensive activities in Poland, Italy and Great Britain, to name a few. Wakol is also actively involved in global exports.
Founded in 1922, the finishing and care of parquet and hardwood floors have been the core business of the company based in Ditzingen near Stuttgart for almost 100 years. LOBA also owns subsidiaries in Brazil and China, as well as joint ventures with Wakol in Poland and North America. The LOBA Group currently employs around 120 people, 97 of whom work at the Ditzingen site. Technical excellence, top-quality products and the extremely well-focused customer orientation are the key factors for the success of the LOBA brand in over 60 countries.
ARDEX GmbH is one of the world’s market leaders in high-quality chemical building products. As a family-owned company, the company has maintained a sustainable growth course for over 65 years. Today, the ARDEX Group employs more than 3,000 people and is represented in over 100 countries on all continents, boasting a virtually end-to-end presence in its core market of Europe. With more than ten major brands, including Wakol, ARDEX generates total turnover of over EUR 770m worldwide.
Innovative bonding of shafts
Wakol offers a new sprayable shoe adhesive with high initial strength and excellent processing properties. WAKOL D 3465 Special Adhesive is suitable for the manufacture of shoe shafts and insoles by hiding all common leather, cushioning and lining materials.
The use of this alkali- and ammonia-free raw material with very low allergenic potential reduces the skin-irritating effect of the adhesive significantly or substantially. Contamination of the adhesive during processing is impossible with the application in the closed container. Only a 10 kg container is connected directly to the spray gun which avoids the former refilling into a pressurised container. Mould formation in pressurised containers is therefore impossible.
The absence of odours (no ammonia) during processing is particularly beneficial. A high initial strength is already achieved with little pressure. In order to control the spray application of the undyed adhesive also on bright lining materials, a UV indicator is added which enables visualisation under black light. Typical spray devices can be used without any problems. Only the selected spray pressure must be readjusted or reduced to 1-2 bar. It is possible to clean the application devices with water. Work benches can also be easily cleaned with little effort. Very high heat resistance allows other work processes such as heatsetter, blow-drying and steaming without any problems. Hydrolysis tests (70°, 7d , 100% RF) permit use in the area of heavy and sports footwear.
Bottenbacher Straße 30
Wakol presents adhesive systems for manufacturing upholstery and mattresses
On the upcoming interzum 2017 in Cologne, Wakol presents adhesive systems for manufacturing upholstery and mattresses.
INTERCOLL D 3447 Roller Adhesive – is a diverse mattress adhesive for the manufacture of all types of mattresses. The water-based 1-C CR-Latex Roller adhesive is solvent-free and characterized by its superb tension stability when wet. The easy assembly and the process reliability are featured by the quick force build-up and the excellent instant tack.
INTERCOLL D 3386 – has been developed for roller and spray application. The very fast drying of the adhesive makes a directly packaging of the mattress possible. It can be used as one-side or contact adhesive for all common mattresses and upholstery materials.
During interzum 2017 Wakol presents live two spray applications:
The 2-C CR-Latex Dispersion Adhesive INTERCOLL D 3453 is used in combination with INTERCOLL D 3437 Aktivator by spray-mix-application. It shows high initial strength for bonding foam materials in a short time.
INTERCOLL D 3460 is a 1-C CR-Latex Dispersion Adhesive can be used at a low spraying pressure, thus reducing the overspray and optimising consumption. The product can be applied using the "free-flow" method. In comparison to the mixed two-component adhesive, INTERCOLL D 3460 contains more solid material and therefore has a lower water content. This adds a drying benefit.
Further information on Wakol at interzum www.interzum.de
WAKOL Sealing Compounds – expanded product range
Wakol presents at Metpack two new additions to its extensive Sealing Compound range.
- WAKOL D 3756 Sealing Compound for Beverage cans
- WAKOL PU 4320 / 4315 Sealing Compound for Food pails and drums.
WAKOL D 3756 Sealing Compound for Beverage cans
WAKOL D 3756 Sealing Compound is a water-based sealing compound based on SBR for beverage application and is suitable for the filling of mineral water, carbonated soft drink, beer as well as dairy products. It shows a very good performance using high throughput application machinery (up to 1500 epm / rotational multi-head liner) applying to small diameters.
It is formulated to achieve virtually no taste or odour influences on filling goods. Therefore WAKOL D 3756 Sealing Compound is suitable for taste-sensitive filling goods like e.g. mineral water.
It complies with latest regulatory requirements, according to European and FDA food contact regulations. TNO and Nehring certificates are available
It shows excellent performance on high-speed rotational multi liners due to low drying tendency on nozzles. Reject rates are exceptionally low. An excellent shear stability provides optimum performance through central supply systems.
WAKOL PU 4320 / 4315 Sealing Compound for Food pails and drums
WAKOL PU 4320 / 4315 Sealing Compound is a two-component, self-blowing polyurethane foam. It was especially developed to form gaskets for pails and drum covers with ring ladge application. For the product, full compliance for food contact according to European Food Contact law has been achieved.
As the foam shows a very good resistance against water, fats, oils and aliphatic solvents it can also be used for the sealing of packaging of aqueous-based products for technical applications, glycols, oils, aliphatic solvents and solid filling materials.
The reaction leads to an elastic and fine-porous gasket with a smooth surface. 2-C-Polyurethane technology offers several advantages: no oven needed, high form stability of the gasket, plasticizer free, low migration, PVC free.
The Wakol exhibition team is looking forward to inform you about the full product range and will be available for further details. Visit Wakol in Hall 3.0 Stand 3A34.
Further information on Wakol at METPACK www.metpack.de
Ny utformning, bättre översikt och snabbare information – WAKOLs produktöversikt för golvmaterial 2017 ...
Nu finns den nya produktöversikten för golvmaterial från WAKOL ute. Redan vid första ögonkastet är det tydligt att mycket har förändrats sedan den senaste utgåvan. Innehållet är ännu mer översiktligt utformat. För att du lättare ska kunna hitta rätt lösning för dig är produkterna indelade i fler kategorier än tidigare. Om en produkt kan användas vid läggning av flera golvtyper listas den under alla aktuella golvkategorier.
Systemstrukturen för läggning av enskilda golvtyper är samma som förut, men läsbarheten har förbättrats.
De olika kategorierna i produktöversikten motsvarar de som finns på internet:
I år finns Wakol för första gången representerade med två produkter på innovations@domotex2017 .
Wakol lanserar nya innovativa produkter på mässan DOMOTEX 2017 i Hannover 14–17 januari. Produkterna visas både inom ramen för innovations@domotex2017 och i Wakol och Lobas gemensamma monter i mässhall 7, A41.
WAKOL MS 325 Silanprimer - den första fuktspärren med MS-bas för ythärdning som kan appliceras med spatel eller roller
WAKOL MS 550 PVC- och Gummilim - det första 1K MS-limmet för PVC-designgolv
innovations@domotex2017 – innovationspristagare presenteras på internet. På temaområdet i mässhall 9 presenteras de mest innovativa nya produkterna. Under rubriken ”Applicerings- och läggningsteknik: Hur den senaste generationens teknik kan användas för att göra golvläggning snabbare och enklare” visar innovativa utställare upp sina nyheter. ”Vi har sett flera spännande produkter som kombinerar kreativt tänkande med intelligenta lösningar”, säger Stefan Diez, industri- och produktdesigner, och medlem i juryn.
Du hittar oss på följande mässor...
Vi har massor av roliga nyheter att visa dig!
Du hittar oss på följande mässor...
Vi har massor av roliga nyheter att visa dig!
Adhesive manufacturer WAKOL enters into strategic partnership with ARDEX Group which will ensure early company succession ...
Adhesive manufacturer WAKOL enters into strategic partnership with ARDEX Group which will ensure early company succession.
Ardex, specialist for building chemicals based in Witten, Germany acquires a majority interest in Wakol. Family owners who are currently active in the business continue to hold substantial shares.
With Ardex as partner Wakol strengthens its system expertise, its global footprint and therefore ensures a sustainable growth.
This cooperation holds big potential for for future growth for both companies.
Mark Eslamlooy, CEO of Ardex Group, is excited about the future together: “This cooperation with Wakol is a perfect way for us to increase our systems expertise in the flooring industry massively. I cannot imagine having a better partner because like Ardex Wakol stands for highest technical expertise, quality and innovation. This shared philosophy is the base for our future success.”
Wakol stays independent
Wakol continues to operate as independent entity. The current managing directors Christian Gross, Dr. Frederic Holzbaur, Dr. Martin Schäfer and Steffen Acker will continue to run the business. Company name, location, brand and sales strategy will not change. The point of contact for customers as well as suppliers will also stay the same.
Through this cooperation both companies will increase their expertise in the business segment flooring systems. Both brands will continue to focus on their existing distribution channels and invest in its further development. Also both companies will continue to offer their distinguished product portfolio under their own brand.
Wakols further business segments Industrial Adhesives and Sealing Compounds will also continue increase without change. The international network of the Ardex Group offers opportunities for growth there as well.
Christian Gross, CEO of the Wakol Group is convinced: „ With Ardex as partner we have a very promising prospective for the future and at the same time foster our culture as family owned business.“
Location in Pirmasens will be strengthened
Wakol’s current location in Pirmasens will be expanded to become Ardex’s development centre for flooring adhesives in Europe. It is also planned to expand Wakol’s existing manufacturing capacity into the Groups European production centre for flooring and industrial adhesives.
Base for a partnership are shared values like: quality, innovation, technical expertise, reliability as well as a clear strategic alignment. Strong similarities in the company culture are crucial prerequisites and guarantee the future success for the cooperation.
For more than 60 years, ARDEX has been the quality leader for an entire industry, offering excellent building chemicals with supreme processing reliability – the brand of choice for installers and wholesalers. ARDEX today is still an independent family-owned business. ARDEX is present in more than 50 countries around the world and has 2,200 employees. With its twelve major brands, the ARDEX Group generates total turnover worldwide of more than 540 million euros per year.
Wakol GmbH is a leading family owned business in the adhesive industry as well as in the packaging industry with a total turnover of 58 million Euros. In 2014 Wakol achieved a growth of 5.5%.
Wakol, headquartered in Pirmasens, Germany continuously increased the number of employees over the recent years to currently 190 employees. 160 of that are based in Pirmasens.
Besides Germany, Austria, Switzerland and the Netherlands which are core markets for Wakol’s flooring products Wakol is also active in USA and Poland.
Wakol develops, manufactures and distributes very successful Flooring products, industrial adhesives and sealing compounds. For 80 years Wakol stands for Quality and Customer service. Wakol was repeatedly able to develop industry changing innovations. The chosen markets and niches provide excellent opportunities for future growth.
Terms and Conditions of Delivery and Payment
1. Scope of Application
1.1 The present Terms and Conditions of Delivery and Payment shall be an integral part of any and all offers and contracts with the purchaser. They shall only apply in the case of entrepreneurs within the meaning of Sections 14 and 310 of the German Civil Code [BGB].
1.2 The Terms and Conditions of Delivery and Payment shall also apply to future contracts with the purchaser insofar as they have been acknowledged by purchaser for a previous contract.
1.3 The purchaser’s general standard terms and conditions shall be excluded. They shall apply only if and insofar as we expressly acknowledge them. They shall also not apply even if we have not contradicted the purchaser’s reference to them.
1.4 The provision of deliveries and/or services shall not be regarded as approval of the purchaser’s general standard terms and conditions.
2. Offers, Conclusion of Contract
2.1 Offers shall be binding if we have issued them in writing and they do not contain any declared reservations.
2.2 If a purchase order deviates from the information in the offer, then the deviation must be reconfirmed by us.
2.3 Contracts shall be concluded based on the contents of a purchase order if we confirm the latter with the identical contents or undertake delivery directly according to the purchase order.
2.4 References to the range of applications and possible uses of our products available to the general public do not exempt the purchaser from examination of their suitability for the specific purpose intended by the purchaser. They should not be used without specific advice in the case of doubt with regard to their suitability and application.
3. Prices, Delivery, Returnable Containers, Return of Packaging
3.1 Unless otherwise agreed prices shall be based on the price list that is valid upon conclusion of contract and shall be charged to the purchaser plus the respective legally defined value added tax.
3.2 Insofar as no other handling is agreed deliveries shall be “Ex Works (EXW) (named place) Incoterms® 2010.”
3.3 We shall be entitled to make appropriate partial deliveries within a reasonable scope.
3.4 If partial deliveries have been agreed and/or the purchaser has the right to issue demand-driven call orders for ordered quantities in accordance with agreements reached with the purchaser, then the purchaser shall be obliged to accept the overall quantity agreed for the products, regardless of this handling option.
3.5 If in accordance with the agreement we make the products available to the purchaser in returnable containers, then the purchaser shall be obliged to return the containers to us at the purchaser’s own risk and expense within ninety days after acceptance of the products. The purchaser shall be responsible for damage to or loss of the containers in the purchaser’s area of risk.
3.6 We shall only take back one-way packaging if and insofar as we are obliged to do so due to contractual or statutory provisions.
4. Dates, Deadlines
4.1 Delivery dates, call dates and delivery periods shall be binding only if they have been specified through mutual consent between us and the purchaser.
4.2 Agreed dates and deadlines shall be appropriately extended at least by the duration of the impediment in cases of force majeure or the occurrence of other unforeseeable events beyond our sphere of influence and for which we may not be held responsible. This shall apply in particular in the case of strike, lockout and war to the extent that such events have a verifiable substantial impact on deliverability. If such impediments continuously persist for longer than four weeks, then each of the contracting parties shall have the right to withdraw from the contract either in part or as a whole with respect to the unfulfilled part of the contract. Any other claims shall remain unaffected.
4.3 If we are in delay, then the purchaser shall be obliged to grant us the possibility of subsequent delivery within an appropriate period before undertaking other measures in accordance with the statutory rights to which the purchaser is entitled. The regulation with regard to liability in Clause 9 shall apply to damage incurred by the purchaser due to the delay.
5. Passing of the Risk
5.1 The risk shall pass to the purchaser when the products ae kept ready for takeover at the designated place, regardless of whether partial deliveries take place or whether we have taken over arrangements for the shipment and/or the shipping charges.
5.2 If delivery is delayed due to circumstances for which the purchaser may be held responsible, then the risk shall pass to the purchaser with receipt of notification of readiness for collection / shipment.
5.3 If the purchaser claims differences in quantity or weight, then the values determined upon delivery to the carrier shall be determining.
6. Payment, Setoff
6.1 The invoice amount shall be paid without deduction within thirty days as of the date of the invoice. Payment shall be regarded as on time if we are able to dispose of the amount with value on the due date on the specified account.
6.2 In the event of delayed payment by the purchaser we shall have the right to charge a flat rate of interest on arrears in the amount of 9% above the respectively valid base interest rate. We reserve the right to assert claims for additional damage with a minimum flat rate of Euro 40.
6.3 Setoff by the purchaser shall be excluded unless the purchaser’s claims are the subject of declaratory judgment, recognized or uncontested.
6.4 In the event that we become aware of circumstances that seriously cast doubt on the solvency of the purchaser or if insolvency proceedings are instituted against the purchaser’s assets, then all of our claims against the purchaser shall become immediately due. We shall then also be entitled to only provide outstanding deliveries in return for prepayment or other security.
6.5 We reserve the right to accept bills of exchange and cheques in each individual case. They shall be accepted only on account of performance. Credit notes through bills of exchange and cheques shall be subject to receipt and with the value date on the day on which we are able to dispose of the equivalent amount. The purchaser shall be responsible for any expenses which we incur as a result.
7. Retention of Title
7.1 We reserve the right to retain title to the products delivered by us (products subject to retention of title) up to complete payment of the purchase price and payment of any other outstanding claims against the purchaser.
7.2 The purchaser shall be obliged to sufficiently secure products subject to retention of title against theft and damage at the storage location for as long as title has not passed to the purchaser.
7.3 Working and processing of the products subject to retention of title shall take place on our behalf as manufacturers within the meaning of Section 950 of the German Civil Code [BGB] without obligation on our part. The processed product shall also be considered as a product subject to retention of title. In the case of processing, combination or commixture of the product subject to retention of title with other products by the purchaser, then we shall be entitled to co-ownership of the new item in proportion to the purchase price of the product subject to retention of title to the purchase price of the other products used. Insofar as the product subject to retention of title is commixed with items that are to be regarded as the principal item, then it shall be agreed that the purchaser assigns us proportionate co-ownership of such items and safeguards the co-ownership for us.
7.4 If our title expires with processing, combination and commixture, then the purchaser shall assign us the property rights to which the purchaser is entitled in the new item in the amount of the purchase price of the product subject to retention of title. The ensuing rights of co-ownership shall be considered as an item subject to retention of title. The purchaser shall store the new item for us with due care.
7.5 The purchaser shall be entitled to resell the item subject to retention of title in the normal course of business. The purchaser shall already now assign us any claims arising out of such resale up to the amount of our claims and we shall accept such assignment.
7.6 The assignment shall be valid regardless of whether the products are resold without or after processing by the purchaser. The purchaser shall continue to be entitled to collection of the claim even after assignment. Our right to collect the claim by ourselves shall remain unaffected. However, we shall refrain from doing so as long as the purchaser meets the purchaser’s payment obligations toward us, is not in delay of payment, payment has not ceased and no request for institution of insolvency proceedings against the purchaser’s assets has been submitted.
7.7 We shall be obliged to release the collateral to which we are entitled insofar as the value of our collateral exceeds the securable claims by more than 10%.
7.8 The purchaser shall immediately notify us in the event of a pledge or any other impairment of the item subject to retention of title through third parties. The purchaser shall immediately inform the enforcement body and the judgment creditor about the fact that the item subject to retention of title is our property/joint property and/or that the rights to such have been assigned.
8. Notice of Defects, Claims Based on Defects, Period of Limitation for Claims Based on Defects
8.1 The purchaser shall be obliged to immediately examine the products in the normal course of business after delivery and to immediately report any defects discovered in writing while indicating the reasons for complaint. Complaints with regard to weight must take place in the same form within three days after delivery.
8.2 In the case of a justified notice of defects we shall provide subsequent performance in accordance with statutory provisions. Insofar as we fail to do so within a reasonable period of grace prescribed to us or if subsequent performance has failed, then the purchaser shall have the right to require reduction of the remuneration or to withdraw from the contract in the case of a breach of duty that is more than insignificant. The purchaser shall not be entitled to withdrawal but only entitled to reduction of the remuneration if the products have already been processed and are capable of being used by the purchaser as contractually stipulated.
8.3 We shall not be liable for damage incurred by the purchaser due to the fact that the purchaser employs a product for purposes which cannot be anticipated or which are not agreed. We shall also not be liable if the purchaser fails to observe technical specifications or setup recommendations which we provide for the employment of our products and damage occurs as a result.
8.4 We shall assume no responsibility if formulations prescribed to us by the purchaser result in defects or an impairment or a change in the properties of manufactured products expected by the purchaser which we are unable to determine within the scope of the production process or based on any other knowledge.
8.5 The purchaser’s claims to payment of damages due to defects shall be based on Clause 9.
8.6 The purchaser’s statutory rights of recourse in accordance with Sections 478 and 479 of the German Civil Code [BGB] due to defects in the case of sales of consumer goods and their period of limitation shall remain unaffected.
8.7 The period of limitation for claims based on defects shall amount to 12 months as of delivery. The statutory period of limitation shall apply in accordance with Section 438 Paragraph 1 No. 2 of the German Civil Code [BGB] in the event that we deliver defective products to the purchaser that lead to the defectiveness of a building. The period of limitation provided for by law shall likewise apply to claims of the purchaser due to injury to life, limb or health, violation of the German Product Liability Act, intentional breach of duty on our part or fraudulent concealment of a defect.
9. Other Liability
Any claims for damages on the part of the purchaser or claims to reimbursement of expenses asserted against us for any legal reasons whatsoever shall be excluded unless mandatory liability or a claim for the following reasons is involved: We shall be liable in accordance with statutory provisions in cases of non-contractual liability in accordance with the German Product Liability Act, in the case of intent, gross negligence, disregard of warranted characteristics and in the case of personal injuries. In the case of violation of material contractual obligations the purchaser’s claim for compensation shall be limited to typical, foreseeable damage. Statutory provisions shall apply insofar as we cause such in a deliberate or grossly negligent manner or personal injury occurs as a result.
10. Place of Performance, Place of Jurisdiction, Applicable Law
10.1 The place of performance for deliveries and services and the place of performance for payments shall be our registered place of business in Pirmasens.
10.2 The place of jurisdiction shall be the competent court for our registered place of business. At our option we may also bring action against the purchaser at the purchaser’s registered place of business.
10.3 The law prevailing in the Federal Republic of Germany shall apply. The United Nations Convention on Contracts for the International Sale of Goods (CISG) from April 11, 1980 shall be excluded.
(As of: September 1, 2014)