1.1 The following General Terms and Conditions of Sale and Delivery (hereinafter referred to as “Terms and Conditions”) shall apply to all contracts for deliveries and services which CASTFAST provides to its contractual partners with regard to the production of individually manufactured parts made of cast iron (iron, steel, aluminum and other materials) as well as individually manufactured molds made of sand (hereinafter referred to as “Products”).
These terms and conditions form an integral part of all contracts concluded by CASTFAST with its contractual partners for the delivery or performance of products, even if they are not agreed separately.
1.2 Contractual partners of CASTFAST are entrepreneurs within the meaning of § 14 BGB (hereinafter referred to as “contracting party”).
1.3 These Terms and Conditions apply to all (future) deliveries and services provided by CASTFAST to its contractual partners, exclusively in the version valid at the time of conclusion of the contract.
1.4 The other party’s own terms and conditions of purchase and business do not apply, even if CASTFAST does not explicitly object to their application in individual cases.
If CASTFAST provides a user account (hereinafter “user account“), the contractual partner is responsible for maintaining the confidentiality of the password and the activities that take place under the password and the user account. He must inform CASTFAST immediately of any unauthorized use of the password and the user account and of any other breach of security of which he becomes aware. The data for the user account must be provided completely and correctly and must always be kept up to date.
3.1 The contractual partner can request a quotation from CASTFAST. This can be done either by sending an e-mail to vertrieb@castfast.de or the Internet-based quotation creation process on the website www.castfast.de can be used. The request must be accompanied by drawings or 3D files of a product to be manufactured in any standard file format.
3.2 On the basis of the inquiry, CASTFAST submits a preliminary offer to the contractual partner. The other party to the contract is entitled to confirm the preliminary offer within seven calendar days. The time of receipt of the contractual partner’s acceptance by CASTFAST is decisive for compliance with the time limit. The manufacturing contract comes into existence when the other party to the contract accepts the preliminary offer and when CASTFAST confirms such acceptance of the preliminary offer by a corresponding acknowledgement of the order in text form within 3 working days (formation of contract).
3.3 The declaration of the contractual partner can be made in any form, but at least in text form. With the declaration, unlimited legal capacity is assured.
3.4 Oral warranties of characteristics, supplements, promises or collateral agreements which go beyond the contents of the contract in text form or which modify these General Conditions of Sale to the detriment of CASTFAST are only effective if confirmed by CASTFAST in writing.
3.5 The manufacture of weapons, weapon parts or other prohibited products/materials is prohibited unless the contracting party has informed CASTFAST of this separately and CASTFAST has expressly confirmed in writing that it will be carried out. In such a case CASTFAST has the right to terminate the contract. If CASTFAST only becomes aware of this in the course of the production process, production will be terminated immediately. In this case, the contractual partner has no claim to delivery of the product and is obliged to reimburse CASTFAST for all costs incurred.
3.6 If it is determined after a technical inspection within 3 working days after the conclusion of the contract that there is no suitable technical possibility of manufacturing the product at manufacturers (hereinafter “partners”), CASTFAST may withdraw from the contract without any reimbursement of costs to the contracting party.
3.7 If, after a technical examination, a need for clarification arises within 3 working days of the conclusion of the contract by CASTFAST, CASTFAST reserves the right to extend the delivery period of the product by the duration of such complete clarification. The cooperation of the contractual partner is necessary for such clarification.
3.8 CASTFAST is entitled to obtain credit information from third-party providers and to pass on data concerning the company and the order to insurance companies. CASTFAST reserves the right to withhold an order confirmation until the creditworthiness of the contractual partner has been clarified.
4.1 The contractual partner is aware that CASTFAST does not carry out the production ordered itself, but that other suitable manufacturers (hereinafter referred to as “partner”) with the manufacture.
4.2 CASTFAST is entitled to commission several (different) partners to manufacture the products of an order.
4.3 No notification by CASTFAST to the contracting party is required in this respect. The contracting party expressly agrees to the performance of the manufacture by the partner(s). The drawings and plans provided by the contracting party in the context of an inquiry as well as information about the contracting party, such as company name, address, country, may be communicated to the partner(s).
4.4 CASTFAST or the partner(s) are entitled to change technical details of the drawings and 3D files provided by the contractual partner, insofar as this is necessary for the manufacture of the desired product. This applies in particular to the modification of work steps.
4.5 The other party to the contract retains title and/or copyright in orders placed by it as well as in information, drawings, illustrations, calculations, descriptions and other documents made available to CASTFAST. CASTFAST is not allowed to make them accessible to third parties, to disclose them, to use them itself or through third parties or to reproduce them without express consent. This does not include making them available to experts for the purpose of preparing an offer within the meaning of Section I. 3.2 as well as partners and reproduction within this framework.
4.6 CASTFAST shall not provide the contractual partner with details such as company name, address, country, etc. of individual partners or several partners who are commissioned to manufacture the products without separate agreement.
4.7 The illustrations, drawings, weight and dimension specifications and tables belonging to the offer are always only approximate unless they are expressly designated as binding. No liability is accepted for design-related deviations of the subject matter of the contract from these documents.
4.8 The DIN and EN standards apply to compliance with the dimensions. Furthermore, CASTFAST states dimensions and weights in its offers and order confirmations to the best of its knowledge. However, they do not constitute a guarantee of quality. Minor deviations, in particular additional or reduced weights due to foundry technology, do not entitle the contractual partner to make complaints or claims for defects, unless otherwise agreed.
5.1 If the other party to the contract discloses to CASTFAST the use which it intends to make of the products or services ordered by it, CASTFAST’s offer is based on the assumption that the matters raised in the following questions are not relevant to the product requested by the other party to the contract, unless the other party to the contract has already disclosed corresponding information to CASTFAST elsewhere. If one or more of the following questions are relevant, the other party to the contract is obliged to point this out to CASTFAST before CASTFAST enters into any obligation towards the other party to the contract:
5.1.1 the packaging and delivery of the product to the contractual partner (blister packaging, use of a specific packaging material, cleanliness requirements, handling of the contractual partner’s own load carriers);
5.1.2 the handling of the product by the contractual partner (robustness, impact and shake resistance, drop heights);
5.1.3 the storage of the product at the contractual partner (insensitivity to environmental factors such as light, humidity, temperature, air pressure and inherent shelf life of a product);
5.1.4 production at the contractual partner;
5.1.5 the requirements for the product in the overall system (robustness, shock and vibration resistance);
5.1.6 the influences of the product on its system environment;
5.1.7 the influences of the system environment on the product;
5.1.8 time-related factors such as wear or material fatigue in the specific shoring situation;
5.1.9 the influences of the overall system on the product;
5.1.10 the influences of the product on the overall system;
5.1.11 Influences of the users of the overall system (e.g. soiled work clothing, coarse motorized use, below-average level of training of the users);
5.1.12 Influences of legal provisions, insofar as they are known to the contractual partner;
5.1.13 Influencing factors that deviate from the normally assumed use in terms of space, time or technology or to which special reference is otherwise made.
5.2 In deviation from IATF 16949 (as amended on October 1, 2016), section 8.4.2.2, and IATF 16949, section 8.6.5, the parties agree that CASTFAST is not obliged to determine legal and regulatory requirements in the countries of destination specified by the contracting parties. This obligation is the sole responsibility of the contracting parties.
6.1 6.1 Unless otherwise specified, the place of performance shall be the warehouse of the contractual partner (hereinafter “plant”).
6.2 The prices are ex works plus statutory VAT, packaging, freight, duties, customs duties, insurance premiums and other third-party costs, unless otherwise confirmed in the order confirmation.
6.3 If later than four (4) weeks after the formation of the contract there is an increase in levies, duties, freight charges, insurance premiums or other external costs which are included in the agreed price of the other party to the contract or which newly arise, CASTFAST is entitled to alter the price accordingly.
6.4 Furthermore, CASTFAST reserves the right to increase the agreed price for quantities not yet delivered if, due to a change in the raw material and/or economic situation, circumstances arise which make the manufacture and/or purchase of the product concerned significantly more expensive than at the time of the price agreements. In this case, the contractual partner may cancel the orders affected by it within four (4) weeks of notification of the price increase.
6.5 CASTFAST shall also be entitled to increase the agreed price if the delivery period is subsequently extended for one of the reasons set out in clause 5.1. clause 5.1 the material or the workmanship undergoes changes, because the documents and/or instructions given by the other party to the contract to CASTFAST did not correspond to the actual circumstances or were incomplete or if CASTFAST does not receive the data necessary for the execution of the order in time or if the other party to the contract subsequently changes them with the consent of CASTFAST and thereby causes a delay in delivery
7.1 Delivery within Germany shall be ex works. To the extent that at the request of the other party to the contract delivery is made to the delivery address communicated by the other party to the contract by means of a forwarding agent and/or carrier to be determined by CASTFAST, the risk as to price passes to the other party to the contract at the time when the products are handed over to the forwarding agent and/or carrier. If prior to the delivery the other party to the contract has not notified CASTFAST of his intention to collect the goods himself ex works, CASTFAST will assume that the other party to the contract has requested dispatch in accordance with this Clause.
7.2 If deliveries are to be made from the Federal Republic of Germany to other EU Member States, the other party to the contract must inform CASTFAST before delivery of his VAT identification number under which he will pay the purchase tax within the EU. Otherwise the other party to the contract must pay to CASTFAST, in addition to the agreed purchase price, the amount of value added tax owed by CASTFAST by law.
7.3 When invoicing deliveries from the Federal Republic of Germany to other EU Member States, the VAT regulations of the respective recipient Member State shall apply if either the contractual partner is registered for VAT in another EU Member State or if CASTFAST is registered for VAT in the recipient Member State.
7.4 When shipping deliveries from the Federal Republic of Germany to other non-EU member states, the contractual partner must send the goods tariff number and the intended use of the product to CASTFAST within 2 days of conclusion of the contract by e-mail to service@castfast.de .
7.5 When invoicing deliveries from the Federal Republic of Germany to other EU Member States, the contractual partner is obliged to send CASTFAST the signed proof of delivery documents (e.g. proof of arrival, delivery certificates, etc.) within 3 working days of receipt of the goods to CASTFAST by e-mail to service@castfast.de .
7.6 Delivery dates that have not been expressly agreed as binding are exclusively non-binding information. In the event of a binding agreement on delivery periods, these shall commence on the date of conclusion of the contract.
7.7 These delivery periods shall only apply subject to the timely clarification of all details of the order and the timely fulfillment of all obligations of the contractual partner, such as the provision of all official certificates, the provision of letters of credit and guarantees or the making of advance payments.
7.8 The time of dispatch ex works or ex warehouse is decisive for compliance with delivery periods and delivery dates. They shall be deemed to have been observed upon notification of readiness for dispatch if the products were not dispatched in time through no fault of CASTFAST.
7.9 Irrespective of any delivery time limits, CASTFAST’s obligation to deliver is subject to correct and punctual delivery by our suppliers, unless CASTFAST is responsible for the incorrect or late delivery by our suppliers.
7.10 If, through no fault of CASTFAST, transportation by the agreed route or to the agreed place within the agreed time becomes impossible or considerably more difficult, CASTFAST is entitled to deliver by another route.
7.11 To the extent that CASTFAST, for reasons for which it is responsible, is in delay in delivery or a delivery becomes impossible and this is not due to intent or gross negligence on the part of CASTFAST, liability for damages other than damages resulting from loss of life, bodily injury or damage to health is excluded.
7.12 If delays in delivery are due to force majeure for which CASTFAST is not responsible, the delivery period shall be extended accordingly. This also applies if such events have occurred during an existing delay. Force majeure includes currency, trade and other governmental measures, strikes, lock-outs, operational breakdowns for which CASTFAST is not responsible (e.g. fire, breakdown of machinery or rollers, shortage of raw materials or energy), obstruction of transportation routes, delays in import/customs clearance as well as all other circumstances which, without CASTFAST being responsible for them, considerably impede the delivery or make it impossible. The other party to the contract will be informed of such circumstances without delay. If the cause of the delay continues for more than four (4) months after the formation of the contract, either party is entitled to avoid the contract.
7.13 CASTFAST shall insure the product only at the instruction and expense of the other party to the contract on the basis of a separate agreement. The obligation and costs of unloading by a forwarding agent or carrier are for the account of the other party to the contract.
7.14 The product shall be delivered packaged, if customary in the trade. CASTFAST shall provide packaging, protective and/or transportation aids according to its experience and at the expense of the other party to the contract. Packaging will be taken back at CASTFAST’s warehouse. CASTFAST will not bear the costs of the other party to the contract for the return transportation or for its own disposal of the packaging.
7.15 CASTFAST is entitled to make partial deliveries to a reasonable extent. Excess and short deliveries of the agreed quantity customary in the industry are permissible.
7.16 If no separate delivery address is specified by the contractual partner prior to delivery in accordance with Section 7.1, the official registered office of the contractual partner shall be deemed to be the delivery address.
8.1 If acceptance has been agreed, it can only take place at the works immediately after notification of readiness for acceptance. CASTFAST reserves the right to invoice the contracting party for material acceptance costs. This will be done after consultation with the contractual partner.
8.2 If, through no fault of CASTFAST, acceptance is not effected, not effected in time or not effected in full, CASTFAST is entitled to dispatch the product without acceptance or to store it at the expense and risk of the other party to the contract and to invoice it.
9.1 Payment shall be made by bank transfer or by other means. The costs of payment transactions shall be borne by the contractual partner. Unless otherwise agreed, the term of payment shall be ten (10) days from delivery to the contractual partner. The contractual partner shall be in default no later than 10 days after the due date and receipt of the invoice/payment schedule.
9.2 In the event of an agreed cash discount, this shall only relate to the invoice value excluding freight and shall require the full settlement of all due liabilities of the contractual partner at the time of the cash discount.
9.3 To the extent that CASTFAST becomes aware of circumstances which according to its best judgment are capable of reducing the creditworthiness of the other party to the contract, CASTFAST is entitled to refuse to perform outstanding deliveries or to perform them only against prepayment or provision of security. In this case CASTFAST is also entitled to demand immediate payment of all outstanding accounts from the current business relation with the other party to the contract which are not time-barred.
9.4 Partial invoices shall be issued for partial deliveries. The payment periods shall run separately for each partial delivery.
9.5 The contracting parties shall have a right of retention and a right of set-off only to the extent that their counterclaims have been finally adjudicated or are undisputed or have been acknowledged in writing by CASTFAST.
9.6 CASTFAST is entitled to set-off against all claims of the other party to the contract against CASTFAST on whatever legal ground. This also applies if payment in cash has been agreed by one party and payment by bill of exchange or other performance has been agreed by the other party on account of performance. If applicable, these claims relate only to the balance. If the claims fall due at different times, the claims of CASTFAST will fall due at the latest when the debt of CASTFAST falls due and will be settled at the value date.
9.7 CASTFAST may cooperate with debt collection agencies, lawyers or other third parties to secure payment of its claims. CASTFAST may assign claims arising from deliveries to contractual partners to third parties.
10.1 All delivered products remain the property of CASTFAST until full payment has been made (“Reserved Products”).
10.2 The product remains the property of CASTFAST until all outstanding invoices and debts of the contractual partner to CASTFAST have been paid in full. This also applies to future or as yet undetermined debts. Only when all these debts have been paid does ownership of the product pass to the contractual partner.
10.3 If the product that is still the property of CASTFAST (reserved product) is processed by the contracting party or mixed with other products, CASTFAST continues to have an ownership share in it. This share is based on the value of the original product compared to the other products. If CASTFAST’s original ownership is lost as a result of the mixture, the contracting party gives CASTFAST rights to the new mixed product to the value of the original product. This new, mixed product is treated in the same way as if it were a reserved product.
10.4 The contractual partner may only sell the product that is still the property of CASTFAST in the normal course of business as long as he pays his invoices on time. If he sells it, the proceeds from this sale must go to CASTFAST. The other party may not use or dispose of the product in any other way.
10.5 If the contractual partner sells the product that is still the property of CASTFAST, the revenue from this sale goes directly to CASTFAST. If the contractual partner sells the product with other products that do not originate from CASTFAST, CASTFAST only receives that part of the proceeds that corresponds to the value of the original product. If CASTFAST has only partial ownership of a product and the contractual partner sells it, CASTFAST receives revenue corresponding to this share. If the contractual partner uses the product in a project, the revenue from this project also goes to CASTFAST.
10.6 The contractual partner may collect the proceeds from the sale of the product itself. This authorization to collect expires in the event of revocation by CASTFAST, but at the latest in the event of default of payment, dishonour of a bill of exchange or application for the opening of insolvency proceedings. CASTFAST will only exercise the right of revocation if, after formation of the contract, it becomes apparent that CASTFAST’s claim for payment under this or other contracts with the other party to the contract is jeopardized by the latter’s inability to pay. At the request of CASTFAST the other party to the contract is obliged to inform his customers immediately of the assignment to CASTFAST and to furnish CASTFAST with the documents necessary for collection.
10.7 An assignment of claims resulting from the resale is not permitted, except in the case of an assignment by way of genuine factoring notified to CASTFAST and where the proceeds of the factoring exceed the value of the claim secured by CASTFAST. When the factoring proceeds are credited, the claim of CASTFAST becomes due immediately.
10.8 The other party to the contract must inform CASTFAST without delay of any seizure or other interference by third parties. The other party to the contract bears all costs which have to be incurred for the removal of the goods subject to retention of title or for their return, insofar as they are not reimbursed by third parties.
10.9 If the other party to the contract defaults in payment or does not honour a bill of exchange when due, CASTFAST is entitled to take back the goods subject to retention of title and, if necessary, to enter the premises of the other party to the contract for this purpose during normal business hours. The same applies if, after formation of the contract, it becomes apparent that CASTFAST’s claim for payment under this or other contracts with the other party to the contract is jeopardized by the other party’s inability to perform. The provisions of the Insolvency Code remain unaffected.
10.10 If the invoice value of the existing securities exceeds the secured claims including accessory claims (interest, costs etc.) by more than 50 per cent in total, CASTFAST is obliged to release securities of CASTFAST’s choice at the request of the other party to the contract.
11.1 Quality assurance is carried out by CASTFAST or by the partner. This is carried out in accordance with the state of the art at the time the contract is concluded.
11.2 Certificates for manufactured products shall only be issued and supplied by separate agreement.
12.1 Material defects of the product must be reported in writing immediately, at the latest seven (7) days after delivery, by means of a technically confirmed complaint report. Material defects that cannot be discovered within this period even with the most careful inspection must be reported in writing immediately after discovery, at the latest before expiry of the agreed or statutory limitation period, with immediate cessation of any handling and processing.
12.2 After an agreed acceptance of the product has been carried out by the contractual partner, the complaint of material defects that were detectable during the agreed type of acceptance is excluded.
12.3 If a product is specified, it is free from material defects if
recognized production-related tolerances are adhered to. The
The contractual partner may refer to an intended
only be invoked if this is expressly stated in the
has been agreed in writing.
12.4 Notwithstanding clause 12, claims for defects shall become time-barred one year after receipt of the goods.
12.5 Unless otherwise agreed, CASTFAST does not accept any quality claims regarding the fit, applicability or usability of the manufactured product or products to other items or in other items (e.g. construction or assembly groups). Any quality claims are always considered at the discretion of each product per se.
12.6 In the event of a notice of defects, the contractual partner is obliged to work cooperatively with CASTFAST to remedy the defects (e.g. to provide technical information promptly, to prepare defective products for collection, etc.).
12.7 Unless otherwise agreed, all parts complained about shall be prepared for collection by CASTFAST no later than 10 calendar days after notification of the defect by the other party to the contract. This also includes the notification to CASTFAST of the readiness for delivery including the indication of the dimensions for collection.
12.8 Damage caused by improper measures or measures contrary to the terms of the contract by the other party during installation, connection, operation or storage shall not give rise to any claims against CASTFAST in this respect.
12.9 If the notice of defect is justified and made in due time, CASTFAST may, at its option, remedy the defect or deliver a defect-free item (subsequent performance). In this context, CASTFAST is entitled to three (3) attempts at subsequent performance. Subsequent performance is deemed to have failed. If the subsequent performance fails, CASTFAST may rescind the contract. The other party to the contract may not remedy the defect, including agreeing to and arranging the costs of such remedy, without CASTFAST’s express consent and agreement.
13.1 CASTFAST shall be liable in accordance with the statutory provisions insofar as the cause of the damage is based on an intentional or grossly negligent breach of duty by CASTFAST or one of its legal representatives or vicarious agents.
13.2 CASTFAST is also liable for injury to life, limb and health, for guaranteed product characteristics and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
13.3 CASTFAST is also liable for the slightly negligent breach of material contractual obligations. Material obligations are obligations (i) the breach of which jeopardizes the fulfilment of the purpose of the contract or (ii) which make the proper performance of the contract possible in the first place and on the observance of which the other party may regularly rely. In this case, however, CASTFAST is only liable for the foreseeable damage typical for the contract. CASTFAST is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
13.4 The above exclusions and limitations of liability also apply with regard to the liability of CASTFAST’s employees, representatives and vicarious agents.
Personal data is processed in accordance with the data protection information.
15.1 Applicable law / place of jurisdiction
The law of the Federal Republic of Germany shall apply. To the extent permitted by law, the place of jurisdiction is Munich.
15.2 Contract language
All communication in the context of the declarations relevant to the contract shall be in German.
15.3 Subsidiary agreements/written form
Verbal collateral agreements do not exist. Amendments to these terms and conditions must be made in writing. This also applies to any waiver of the written form requirement.
15.4 Invalidity of individual clauses
Should individual provisions of these terms and conditions be invalid, this shall not affect the validity of the remaining provisions. In the event of an invalid provision, CASTFAST and the respective contractual partner undertake to agree on a provision that comes as close as possible to the economic purpose of the invalid provision. The same applies to any loopholes.
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