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The following points apply to all contractual relationships of igus® GmbH and its affiliated companies ("igus®") and take precedence over the General Terms and Conditions of the contractual partners in terms of their regulatory content and scope, even if these have not been expressly contradicted:
1. igus® is not obliged to conclude agreements or to accept orders or commissions or to agree to amendments to the contract. igus® is not obliged to conclude agreements or to accept orders or commissions or to agree to amendments to the contract.
2. declarations and information of the contractual partner, in particular orders or call-offs of goods, orders, prices, quantities and delivery dates, which are made by way of electronic data interchange (EDI), are only legally binding if they have been expressly confirmed by igus® in text form. This also applies if igus® has agreed to an electronic data exchange. igus® is not liable for system failures or transmission errors in the context of an electronic data exchange.
3. time-limited agreements are concluded for the expressly agreed fixed term. In the event of unforeseen changes in raw material, personnel or energy costs or other circumstances that are so serious that they make it unreasonable for igus® to adhere to the contractual agreements, igus® may also terminate contracts with a fixed term with a notice period of six months to the end of each calendar month if the parties cannot agree on an adjustment of the contract.
4. igus® can terminate open-ended agreements with a notice period of twelve months to the end of each calendar month; if the agreement provides for a shorter notice period, this shall apply.
5. if a contract is terminated by the contractual partner for reasons for which igus® is not responsible, the contractual partner is obliged to pay (i) the agreed prices for all finished products in the quantities already ordered or released and (ii) igus® actual costs of the unfinished products. Further rights remain unaffected.
6. The contractual relationships of igus® and all possible disputes arising therefrom shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of any conflict or choice of law rules that would lead to the application of a different law. The UN Convention on Contracts for the International Sale of Goods is excluded.
7. igus® and the contractual partner shall first conduct negotiations in the spirit of fair and cooperative partnership in the event of disputes arising from or in connection with their business relationship and shall endeavour to reach an amicable solution in good faith. igus® does not accept arbitration clauses in contracts with contractual partners from Germany, EU countries and EFTA countries. In contracts with contractual partners from other countries, arbitration clauses must be expressly agreed outside of the General Terms and Conditions.
1. igus® 's liability arising from contractual relationships, in particular for breaches of duty and material defects, shall always be governed by German law, i.e. igus® shall be liable as if the application of German law had been agreed in this respect, whereby the following provisions shall apply, irrespective of any choice of law deviating from this in individual cases.
2. igus® is liable without limitation for intent and gross negligence and in the event of injury to life, limb or health.
3. igus® shall otherwise only be liable for simple negligence in the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper feed-through of the contract and on the observance of which the contractual partner may rely (cardinal obligations). Liability is limited to the direct foreseeable damage typical for the contract, whereby the type, scope and duration of the business relationship, any causation and fault contributions of the contractual partner and a particularly unfavourable installation situation of the goods must be taken into account appropriately when determining the amount of the compensation claims to be fulfilled by igus®. In particular, the compensation, costs and expenses to be borne by igus® must be in reasonable proportion to the value of the goods. In application of these principles, liability is limited to the lower of the following two amounts: (a) the amount corresponding to three times the turnover (net) that igus® has made with the contractual partner in the last 12 months prior to the occurrence of the claim, or (b) the amount of EUR 1,000,000.
4. igus® does not accept any contractual penalties or liquidated damages or costs and no reversal or alleviation of the burden of proof not prescribed by law. In determining contract product failure rates, the reference market must comprise at least 40% of the total market.
5. insofar as igus® is liable for infringements of property rights, this only applies to actual infringements of property rights, but not to merely alleged infringements. Insofar as igus® is liable in connection with product recalls, this shall only apply to such recalls that have been ordered by the competent authorities, but not to voluntary recalls.
6. The warranty/guarantee period is 24 months from delivery of the contractual object by igus®.
7. igus® does not accept any obligation to include the contractual partner or other third parties as co-insured or authorised persons in the insurance contracts concluded by igus®.
8. since igus® does not know where its products will ultimately be used, any guarantee of legal compliance is limited to the laws of the countries of manufacture and delivery.
9. igus® does not accept any obligation to transfer or assign a contract concluded with the contractual partner during its term or after its termination to a third party, in particular to a substitute supplier, and in this connection to take certain actions or make certain declarations in order to enable or facilitate such a transfer.
1. stated delivery dates are only binding if they have been expressly agreed as binding in writing; without such an express agreement, they are estimated delivery dates; igus® shall only be in default after receipt of a written reminder and expiry of a grace period of at least 48 hours.
2. events of force majeure shall release igus® from its performance obligations for their duration. Events of force majeure are in particular (a) natural disasters such as fires, floods, earthquakes, hurricanes or other extreme natural events (b) riots, wars, sabotage, terrorist attacks, epidemics or pandemics and other similar unforeseeable and inapplicable events (c) strikes, lockouts and other measures in the context of labour disputes (d) power failures or the failure of telecommunications connections (e) measures of the legislator, the government or of courts or authorities, irrespective of their legality. Force majeure events also include shortages of raw materials or delays or bottlenecks in the supply of raw materials or spare parts or in the availability of means of transport if and to the extent that these are caused by (i) a force majeure event at a supplier of igus® or (ii) serious market disruptions or (iii) due to a supplier of igus® discontinuing the production or supply of a raw material or spare parts for reasons for which igus® is not responsible. igus® is not liable for damages or costs caused by a force majeure event.
3. the contractual partner is only entitled to set-off rights if his counterclaims are legally established, undisputed or recognised by igus®.
4. igus® can withhold deliveries if the contractual partner is in arrears with a due claim and does not pay even after a 2nd reminder.
1. the tool used for the manufacture of the contractual items is always the sole property of igus®, even if it was manufactured or purchased exclusively on behalf of the contractual partner for certain products, and irrespective of whether the contractual partner has contributed to the costs for the manufacture or purchase of the tool.
2. tooling and/or set-up costs to be paid by the contractual partner as agreed, including pro rata costs, shall become due for payment after submission of the IO initial samples with PPAP Level 3 or VDA (German Association of the Automotive Industry) documentation, without the need for formal approval by the contractual partner or its end customer.
3. information on declarable substances based on the current GADSL list (Global Automotive Declarable Substance List) is provided with the igus® PPAP / PPF (VDA) initial sample documentation in the IMDS (International Material Data System). Additional or deviating requirements cannot be checked and recognised by igus®.
4. igus® does not provide a price guarantee or a "transparent" calculation, i.e. the basis and parameters for the calculation of prices and costs are not disclosed. Unless a longer period of validity has been expressly agreed in writing, the prices quoted by igus® shall apply for a maximum period of six months.
5. Confidentiality agreements must offer igus® the same protection as the contractual partner.
6. igus® reserves the right not to disclose competitively relevant information and data or such information and data which concern trade secrets or special know-how of igus® or which are subject to confidentiality obligations, and to restrict access to its business documents and operating facilities in order to protect such information and data.
7. igus® is entitled to all industrial property rights that arise as a result of or in connection with the manufacture and delivery of contractual items at igus®. Industrial property rights that arise as a result of or in connection with chargeable development orders or joint development projects are dealt with and assigned in the respective underlying agreement.
8. Subcontractors, in particular raw material suppliers, of igus® are not named, cannot be audited and cannot be obligated to further customer requirements or rules of conduct.
9. insofar as igus® transmits personal data to the contractual partner within the framework of the business relationship, the contractual partner shall ensure compliance with the statutory provisions, in particular the lawfulness of the data processing carried out by him.
1. packaging is always in accordance with the igus® standard (disposable packaging in cartons + PE bags) with VDA barcode labelling. Deviating regulations for individual parts must be agreed separately.
2 Due to their small component size, the contract items often cannot be labelled with batch number and date of manufacture. However, traceability via the delivery note to the production and material batch is guaranteed (FIFO).
3. an incoming goods inspection for identity, quantity, obvious defects and transport damage must be carried out immediately - at the latest 24 hours after receipt of the goods - by the contractual partner, even if igus® has waived the objection of delayed notification of defects.
1. igus® is only obliged to set up and maintain a safety stock if this has been expressly agreed. Unless otherwise agreed, the "FIFO" principle (first in first out) does not apply. If a contract which also provides for the establishment and maintenance of a safety stock is terminated by the contractual partner for reasons for which igus® is not responsible, the contractual partner shall also be obliged to accept and pay for the safety stock existing at the time the termination takes effect. Further rights remain unaffected.
2. the prices for spare parts which igus® has undertaken to supply for a certain period after the end of series production are agreed separately and are not limited to a certain factor or percentage of the price for the series products.
1. in the "Automotive" area, agreements are only concluded for the product area "iglidur® plain bearings", which are incorporated into assemblies that are installed in the vehicle itself. Product safety-relevant components and processes are not offered by igus®. Only the igus® standards apply to the supplied equipment; igus® does not recognise or owe any quality requirements that deviate from or go beyond these standards.
2. for igus® standard products that are used as operating equipment, the documentation for quality assurance is always subject to a charge.
3. requirements that go beyond the current IATF 16949:2016 standard, in particular those of OEMs, only apply if they have been expressly agreed in writing with igus®.
4. only the igus® (parts) drawing(s) and the igus® material specification(s) apply. Other or further requirements or specifications of the contractual partner only apply if they have been expressly agreed in writing with igus®. igus® always supplies individual parts, the testing of these in the assemblies is the responsibility of the contractual partner.
5. PPAP Level 3 or PPF (VDA Volume 2 Submission Level 2) documentation is carried out for igus®-special part on completion of one or more cavities or in the case of changes relevant to the component. Additional documentation or PPAPs for igus® standard catalogue dimensions are always subject to a charge.
6. the APQP (Advanced Product Quality Planning) is carried out within the usual framework for the business area and for the product concerned; its content and scope are adapted to the scope of production (individual parts), i.e. to the fact that the products have already been manufactured millions of times in proven processes. Further requirements may be agreed on a project-related basis; these are subject to a charge unless expressly agreed otherwise in writing.
7. process capability tests with proof of CPK / CMK >= 1.33 / 1.67 are only carried out for the dimensions marked accordingly on the drawings; deviating tests or tests that go beyond the PPAP standard must be expressly agreed in writing; these are subject to a charge unless expressly agreed otherwise in writing.
8. factory test certificates 3.1 are only created as part of PPAP initial samples. Retained samples are only archived for PPAP parts.
9. individual components are only requalified annually by separate agreement. igus® carries out annual requalifications for component families on individual parts on its own responsibility, depending on the PPM rate and delivery quantity. PSW and data from the CAQ of igus® can be provided once a year - on request - free of charge. Annual PPAP Level 3s are always subject to a fee.
1. by entering into a business relationship with igus®, the contractual partner undertakes to comply with the principles of conduct set out in the Code of Coduct of igus® and to ensure compliance with them in its supply chain.
1. igus® does not yet have a central Product Safety & Conformity Representative (PSCR) as defined in the VDA / QMC Red Band "Product Integrity" (1st edition, November 2018). However, most of the tasks are already being implemented (decentralised). By the end of 2025, igus® plans to appoint a central Product Safety & Conformity Representative (PSCR) and review all processes with regard to product safety and conformity - especially in the automotive sector.
2. igus® does not manufacture any components with special documentation requirements (D parts) and does not accept any further customer-specific requirements (Customer Specific Requirements - CSR) from automotive OEMs.
3. should individual provisions in a contract with the contractual partner be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The same applies to the filling of unintended contractual gaps.
4. In the event of conflicting customer terms or defense clauses, only the Public German Law applies in case of doubt.