1. GRAFE Polymer Solutions GmbH, hereinafter GRAFE, is a leading provider of masterbatches tailored to customer requirements. These are plastic granules as samples that have been developed by GRAFE according to customer specifications with regard to color and material properties.
2. In order to accelerate the selection and development process for such masterbatches and make them more user-friendly, GRAFE offers with this color and material portal for the development of masterbatches - CUSTOMER PORTAL - an efficient and up-to-date, internet-based platform to exchange the information required for development in a timely manner can.
Using the user account to be created by the customer, the customer can control the course of information exchange and view the current development status. The CUSTOMER PORTAL offer is aimed exclusively at companies and publicly organized participants in commercial transactions.
3. GRAFE operates the CUSTOMER PORTAL on its own server. GRAFE will ensure that the CUSTOMER PORTAL is secured against unauthorized access by means of appropriate technical and organizational measures. GRAFE is entitled to use third-party servers for as long as compliance with appropriate organizational and technical measures is ensured.
4. In order to use the CUSTOMER PORTAL, the customer must create a user account. The information requested as part of the menu navigation must be specified, otherwise the user account cannot be set up. The customer can only use the user account after it has been activated by GRAFE. After setting up the user account, the customer will receive a confirmation email for this to the email address provided by him. The confirmation email contains a confirmation link. After the customer calls up the confirmation link, the user account is activated.
6. The customer is obliged to select a secure, at least eight characters - including at least one small letter, one large letter, one number and one special character - and to change this at regular intervals. Up to one person can be created per user account.
GRAFE is entitled to block the user account in the event of unauthorized and / or suspected unauthorized use.
7. The customer can select the desired color / shade as well as the desired material properties using the color spectrum and material properties stored in the menu navigation and thus formulate the requirements for the desired masterbatch and send it to GRAFE using the form provided. GRAFE will confirm receipt of the request form by email and inform the customer of the expected duration for the development and dispatch of the masterbatch.
8. After receiving the masterbatch as a sample quantity in the order of the customer's desired size, but a maximum of 2 KG, the customer can, as far as necessary in his view, request further improvements / changes to the masterbatch. GRAFE will endeavor to meet these requirements. However, GRAFE does not guarantee that the requirements formulated by the customer can be implemented as part of masterbatch development. If customer requirements cannot be implemented, GRAFE will inform the user immediately. If the masterbatch corresponds to the customer's ideas, the customer will inform GRAFE via the CUSTOMER PORTAL. The masterbatch recipe has now been accepted and released for customer-specific production. It is - not visible to the customer - deposited in his user account.
9. The development of masterbatches is free of charge for the customer.
10. The customer can order plastic granules using the CUSTOMER PORTAL with reference to the recipe approved by him. The possible quantities and the resulting prices are displayed as part of the menu navigation. Before completing the order, the customer is shown the delivery quantity, the expected delivery time - production time plus delivery time - the net price, sales tax, gross price and delivery costs; the customer can correct incorrect information at this stage. The customer triggers the binding order via the "Order" button.
GRAFE will immediately confirm receipt of the order by email; With this confirmation email, the customer's offer is accepted and a binding contract is concluded for the delivery of the plastic granulate manufactured in accordance with the customer-approved recipe in the quantity ordered. The order and confirmation email are saved in the user account in the "Orders" area and can be viewed and / or downloaded by the customer at any time.
11. GRAFE does not guarantee that the customer's requirements for the masterbatch will be met. In addition, GRAFE does not guarantee that the plastics produced on the basis of the developed synthesis instructions are suitable for the use planned by the customer.
Something else only applies if the user and GRAFE have made corresponding agreements in this regard. In addition, the general sales conditions of GRAFE apply, available at: https://www.grafe.com/wp-content/uploads/2020/12/0709_AGB_Grafe-deutsch.pdf.
12. GRAFE holds all rights to the recipes for masterbatches. The customer is not entitled to the disclosure and / or transmission of the recipe.
If the customer orders plastics from GRAFE on the basis of the masterbatch developed for him, GRAFE will use the recipe for this masterbatch exclusively for this. GRAFE will then not make the formulation available to third parties, nor will GRAFE use the formulation to manufacture plastics for other customers.
If the customer decides not to use the recipe or the masterbatch developed for him, he will inform GRAFE immediately. In this case, GRAFE is free to use and use the masterbatch recipe. The same applies if the customer does not order any plastic made from this recipe from GRAFE within a period of twelve months after the development work has been completed.
13. The customer undertakes to use his user account and the associated access to the CUSTOMER PORTAL exclusively for communication with GRAFE for the purpose of developing masterbatches.
14. The customer and GRAFE are mutually liable for the obligations arising from the use of the CUSTOMER PORTAL in accordance with the statutory provisions, with the proviso that GRAFE is responsible for the care that GRAFE uses in its own affairs, cf. § 277 BGB.
15. German law applies. The place of jurisdiction is Erfurt.