General terms and conditions of business
1 Validity of these conditions
1.1 All orders and delivery transactions of Silikal GmbH (hereinafter: "Silikal") are exclusively based on the following General Terms and Conditions (hereinafter: "GTC") and the provisions of the respective contract.
1.2 A conclusion of a contract on the basis of these Terms and Conditions shall establish their validity for all further (delivery) transactions with the customer within the scope of current business relations, even if Silikal does not expressly refer to them in the future. This shall also apply if these terms and conditions have come to the customer's knowledge only after the first conclusion of the contract between the contracting parties.
1.3 Any deviating agreements, in particular conflicting terms and conditions of the customer, shall require Silikal's express written consent in order to be valid, whereby Silikal's consent shall only become effective if it is separately confirmed in writing by Silikal for the respective individual contract. Such terms and conditions of the customer shall not bind Silikal, even if Silikal does not expressly object to them or delivers to the customer without reservation in the knowledge of such terms and conditions.
1.4 Silikal shall notify the customer of any amendments to these GTC in text form (§ 126 b BGB) no later than four weeks before the date on which they become effective. The customer shall be deemed to have given his consent if he has not notified Silikal in text form (§ 126 b BGB) of his refusal by the time the amendments become effective. Silikal shall specifically draw the customer's attention to this effect of approval in its notification of the amendment of these GTC.
2 Offers and conclusion of contract; order of validity
2.1 Silikal's offers shall not be binding unless Silikal has designated or confirmed them as binding in writing. Drawings, illustrations and dimensions, weights or other performance data shall only be binding if expressly agreed in writing.
2.2 If the customer places an order, it shall be deemed to be a binding legal proposal pursuant to § 145 of the German Civil Code (BGB). In its order, the customer shall comply with Silikal's offer. Silikal may accept this request within four (4) weeks from the submission of the offer by the customer by sending an order confirmation, unless the parties agree otherwise in writing.
2.3 Contracts with Silikal shall be concluded upon Silikal's acceptance of the customer's order in text form (§ 126 b BGB) in the form of an order confirmation, at the latest upon Silikal's provision of the service.
2.4 Unless otherwise stipulated in the individual contract, the following order shall apply in the event of conflicting provisions:
1. the individual contract including any supplementary agreements made,
2. these General Terms and Conditions,
3. - insofar as applicable - the performance specification agreed with the customer,
4. - insofar as applicable - the technical specification agreed with the customer,
5. the essential contractual components of Silikal's offer (e.g. price, quantity).
2.5 Silikal reserves the property rights and copyrights to the documents mentioned in clause 2.1.
3. duties and obligations of the customer
The customer shall ensure that all necessary provision and cooperation services are provided in due time, to the required extent and free of charge for Silikal. If the customer does not provide a required cooperation service, does not provide it in time or does not provide it in the agreed manner, the consequences resulting therefrom (e.g. delays, additional expenses) shall be borne solely by the customer.
4. delivery and delivery time; subcontractors
4.1 As long as the customer does not fulfil his obligations to cooperate and to provide materials, Silikal shall not be in default of delivery.
4.2 Deliveries shall be made ex works "Mainhausen" (if the delivery item is a purchased item: "ex works" or hereinafter "EXW Mainhausen" in accordance with Incoterms 2010), unless expressly agreed otherwise in writing.
4.3 After completion of orders EXW as aforesaid, the customer shall be obliged to collect the goods at the place of delivery as defined in clause 4.2 within 5 (five) working days (Monday to Friday, excluding public holidays) after receipt of the notice of completion (time of delivery), unless otherwise specified by Silikal. At the time of collection, the customer is obliged to pay all transport costs and/or other costs which have arisen since the completion of the goods and the making available of the goods by Silikal.
4.4 The type, manner and extent of packaging shall be at Silikal's discretion. If Silikal has undertaken to ship the goods to the customer beyond EXW Mainhausen according to Incoterms 2010 in an individual case, the mode of shipment shall be at Silikal's discretion.
4.5 Stated delivery and performance dates shall only be binding if they have been designated or confirmed as binding by Silikal in text form (§126 b) BGB). If an expected delivery date is exceeded by more than 2 (two) weeks, the customer shall be entitled to grant Silikal a reasonable grace period for delivery. If Silikal does not deliver within the grace period, the customer shall be entitled to withdraw from the contract. The withdrawal must be declared in writing.
The right to withdraw from the contract shall only exist if Silikal is responsible for the non-observance of the grace period for delivery and if the customer cannot reasonably be expected to adhere to the contract any longer. If the customer chooses compensation for damages instead of performance, the extent of Silikal's liability shall be determined in accordance with clause 9.
4.6 Silikal shall be released from its obligation to deliver for the duration of circumstances beyond Silikal's control ("Force Majeure"), such as subjective impossibility to procure raw materials and means of transport, operational disruptions, strikes and lockouts, fire and natural disasters. Agreed delivery periods shall be extended by the duration of the existence of the force majeure circumstances, but by a maximum of 6 (six) months. If the circumstances of force majeure end within this period, the customer may only refuse delivery if acceptance of the delivery has become unreasonable for him after this period. If the circumstances of force majeure end after the expiry of six months, this shall be deemed to be a final impediment to performance; the customer shall be entitled to withdraw from the contract (§ 323 BGB). The same shall apply if and as soon as it becomes apparent that the circumstances of force majeure will be permanent.
4.7 Silikal shall be entitled to effect partial deliveries or partial performances if (i) the partial delivery is usable for the customer within the scope of the contractual purpose, (ii) the delivery of the remaining ordered goods is ensured and (iii) the customer does not incur significant additional expenses or costs (unless Silikal agrees in writing to bear such costs).
4.8 If Silikal delivers to a third country at the customer's request and at the customer's expense without the customer providing Silikal with an export certificate or any other required information regarding the export of the goods, the customer shall be liable internally to Silikal to the extent that Silikal is therefore required to pay VAT on the delivery in question, unless Silikal is at fault in this respect.
4.9 Silikal shall be entitled to provide the Services by subcontracting them to third parties (subcontractors), unless this is contrary to the legitimate interests of the Customer. Silikal shall be liable for the performance of services by subcontractors as for its own actions.
5 Prices and terms of payment
5.1 Prices are quoted ex works (i.e., if the delivery item is an object of sale: "ex works" or "EXW Mainhausen" according to Incoterms 2010) - excluding packaging, freight, customs, import, ancillary charges - and net plus the statutory value added tax.
5.2 In case of shipment of the goods abroad, the customer shall be obliged to provide Silikal, without being requested to do so, with the export certificate in text form (§ 126 b BGB) within 5 (five) working days after receipt of the goods abroad as proof of shipment. In case of failure to submit the export certificate or any other required information regarding the export of the goods, the customer shall be liable pursuant to clause 4.8.
5.3 If, in the period between the conclusion of the contract and the delivery, unforeseen price increases or price reductions beyond Silikal's control occur due to price changes of the raw materials used by more than 10%, Silikal and the customer shall be entitled to demand from each other an adjustment of the agreed price by renegotiation thereof. The validity of the remainder of the contract shall not be affected by such renegotiation. If the renegotiations do not lead to an agreement, both Silikal and the customer shall be entitled to withdraw from the contract.
5.4 Silikal's invoices shall be due immediately upon receipt and shall be paid without deductions within ten (10) days to the account specified in the invoice, unless other payment terms have been agreed between the parties in writing or are specified on Silikal's invoice. They shall be paid in EUR. After any conversion of the monetary claims expressed in EUR into another currency, it may occur that such other currency has more or less purchasing power than the EUR. In such a case, each party has the right to demand that the other renegotiate the amount of the contractually agreed monetary claims in good faith with the aim of compensating for such a gain and loss of purchasing power. The receipt of the full payment amount on one of Silikal's business accounts shall be decisive for the timeliness of the payment. In case of late payment Silikal is entitled to charge default interest at the rate of nine (9) percentage points above the base rate.
5.5 If the customer makes a discount on his payment which has been agreed upon in an individual case and which is unjustified due to non-payment within the specified payment period, the absence of a complaint on the part of Silikal shall not constitute a tacit acceptance of the discount made. Silikal shall nevertheless remain entitled, until the statute of limitations has expired, to demand from the customer the partial amount not paid due to the cash discount or to set off this partial amount against open claims from other orders of the customer or to book it on the customer's claim account.
5.6 If the customer is in default of payment with regard to deliveries already made by Silikal, Silikal shall furthermore be entitled, at its option, either to withhold the delivery(s) not yet made until the customer has made advance payment therefor, or to rescind the contract for the delivery(s) not yet made and, if applicable, to claim damages.
5.7 For each unpaid or returned direct debit, the customer shall reimburse Silikal for the costs incurred, including the costs for the recovery of the outstanding payment, to the extent that the customer is responsible for the event giving rise to the costs.
5.8 Cheques shall only be accepted on account of performance and the debt shall only be discharged upon full payment. Silikal shall not be liable for the correct and timely presentation and protesting of cheques issued. Discount charges (2% above the discount rate charged by Silikal's bank, but not less than € 50,-) and all costs arising from the cashing of cheques shall be borne by the customer.
5.9 Any complaints against the amount of the remuneration charged by Silikal to the customer shall be addressed to Silikal immediately after receipt of the invoice. Complaints must be received by Silikal within eight weeks after receipt of the invoice. Failure to submit complaints in due time shall be deemed to constitute approval of the invoice in its amount. Legal claims of the customer in case of complaints after expiry of the time limit shall remain unaffected.
5.10 If, after the conclusion of the contract, there are indications that doubt the customer's solvency or creditworthiness, or if such circumstances, already existing at the time of the conclusion of the contract, become known only later, Silikal shall be entitled to demand either advance payment or the provision of security prior to delivery, as well as to revoke payment terms granted and to make the credited claims due immediately.
5.11 Silikal shall be entitled to set off payments against the customer's older debts first, despite any provisions of the customer to the contrary or missing. Silikal shall inform the customer about the type of set-off made. If costs and interest have already been incurred, Silikal shall be entitled to set off the payment first against the costs, then against the interest and finally against the main performance.
6. transfer of risk, inspection for transport damage
6.1 The risk of accidental loss shall pass to the customer in all cases (irrespective of the commercial clause according to INCOTERMS agreed between Silikal and the customer) as soon as the consignment has been handed over to the person carrying out the transport or has left Silikal's warehouse for the purpose of shipment.
6.2 Immediately upon arrival, the customer shall inspect the external condition of the consignment, complain about any transport damage to the person carrying out the transport, secure the evidence thereof and immediately inform Silikal and the person carrying out the transport by telephone and in text form (§ 126 b BGB). In the event of a delivery to a different debtor delivery address, the customer is obliged to ensure that the inspection for possible transport damages is carried out in accordance with the provisions of this clause 6.
6.3 If, through no fault of Silikal, shipment cannot be effected within the agreed delivery period, the risk of accidental loss of the goods shall pass to the customer upon expiry of the delivery date specified in clause 4.3.
7. obligation to examine; warranty; limitation periods
7.1 The customer shall notify Silikal in writing (§ 126 b BGB) of any obvious defects which are detectable upon proper inspection, including any transport damage (cf. clause 6.2), without undue delay after receipt of the goods. Defects which could not be discovered even in the course of a proper and immediate inspection shall be notified to Silikal immediately after their discovery. The same shall apply to complaints regarding incorrect deliveries and deviations in quantity. Warranty claims shall be excluded if the time limit for giving notice of defects is not complied with.
7.2 Before processing the delivered goods, the customer is obliged to check them for their suitability for their intended purpose, even if samples of the goods have been delivered beforehand.
7.3 Minor deviations in dimensions and designs shall not entitle the customer to give notice of defects unless they are unreasonable for the customer. Any deviations within the scope of the relevant quality guidelines known to the customer shall be deemed to be in accordance with the contract.
7.4 Defect rights can only be considered with regard to goods that are still available for inspection and / or return. No goods may be returned to Silikal without prior mutual notification in text form (§126 b BGB).
If Silikal takes back goods and, if applicable, processes these goods after taking them back, this shall in no case constitute an acknowledgement that the returned goods are defective.
7.5 For defects of the delivered goods notified in due time according to clause 7.1, Silikal shall grant the delivery of a new, defect-free item. If the subsequent delivery fails, the customer may, at his option, reduce the contractually agreed price or withdraw from the contract. In addition, the customer shall only be entitled to claim damages within the scope of clause 9.
7.6 The warranty obligation shall expire if the delivered goods have been modified, processed or improperly handled. Improper handling also includes improper storage of the goods. In particular, the customer shall always comply with Silikal's guidelines for storage contained in the current version of the Technical Documentation (MMA) (available at www.silikal.com). The customer shall document the proper storage in a suitable manner.
7.7 Silikal shall not assume any warranty for such goods which the customer has made available to Silikal for the purpose of processing or treatment. With regard to such goods, the customer shall not be entitled to any warranty rights, unless the defect is due to the processing or treatment by Silikal.
7.8 The limitation period for claims for defects shall be 12 (twelve) months from the passing of risk, unless another statutory period is mandatory Areas of Application or unless the mandatory provisions on the sale of consumer goods (§§ 478, 479 BGB) apply. Furthermore, the above provision shall not apply in cases of Silikal's liability for culpable injury to life, body or health and in cases of Silikal's liability for claims for damages based on intent or gross negligence, including intent or gross negligence of Silikal's representatives or vicarious agents.
8. retention of title
8.1 Silikal shall retain title to the goods until receipt of all payments resulting from the business relationship with the customer. The goods as well as the goods covered by the retention of title replacing them in accordance with the following provisions shall hereinafter be referred to as "goods subject to retention of title". Insofar as Silikal agrees with the customer on payment by cheque, the retention of title shall also extend to the encashment as well as to claims against the customer in connection with a possible claim against Silikal by third parties entitled thereto and shall not expire already upon receipt of the money within the framework of the cheque procedure.
8.2 Any processing or transformation shall always be carried out exclusively in compliance with Silikal's security claims. The processed goods shall serve with their full value as security for the claim referred to in the preceding paragraph. If the goods are processed together with other items not belonging to Silikal, Silikal shall acquire co-ownership of the new item in proportion of the value of the goods to the other processed items at the time of processing. In all other respects, the same shall apply to the item resulting from the processing as to the item delivered under reservation of title.
If the goods subject to retention of title are inseparably combined or mixed with goods of other suppliers, Silikal shall acquire co-ownership of the new item in the ratio of the value of the goods subject to retention of title (final invoice amount plus value added tax) to the other items combined or mixed therewith at the time of combination or mixing.
If the combination or mixing is carried out in such a way that Silikal's reserved goods are to be regarded as part of a main item of the customer, the customer shall grant Silikal co-ownership of the main item in the above-mentioned proportion.
The customer shall keep the co-ownership share for Silikal in each case free of charge. In the event that Silikal does not acquire ownership within the meaning of this paragraph, the customer hereby assigns to Silikal as security its future ownership or co-ownership in the aforementioned proportion of the newly created item. Silikal already now accepts this transfer.
8.3 The customer shall be entitled to sell Silikal's goods in the ordinary course of business. The customer's claims arising from this sale or other claims replacing the goods shall already now be assigned to Silikal by way of security in the full amount or in the amount of Silikal's possible co-ownership share and with all ancillary rights, irrespective of whether the goods subject to retention of title have been delivered by Silikal without or after processing, transformation, combination or mixing and irrespective of whether these goods subject to retention of title have been processed, combined or mixed with goods of third party suppliers; Silikal already now accepts this assignment. In the event that another supplier can validly claim extended retention of title with regard to the customer's delivery claims, the customer shall assign to Silikal the delivery claims concerned to the extent of Silikal's retention of title to the goods sold. Silikal already now accepts this assignment.
8.4 If the customer's claims arising from the resale of Silikal's goods subject to retention of title or of goods in which Silikal has co-ownership are included in a current account, the customer already now assigns his claim for payment to Silikal in the amount of the respective recognised balance, namely in the amount of Silikal's claims against him. Silikal already now accepts this assignment.
8.5 Until revoked, the customer shall be entitled to collect the assigned claim. Silikal's right to collect the claim itself shall remain unaffected. Silikal shall be entitled to revoke the customer's authorisation to collect the assigned claims for justified reasons, such as the customer's default or suspension of payment, the filing of an application for the opening of insolvency proceedings against the customer's assets or any other threat to the satisfaction of its claims against the customer. Until then Silikal undertakes not to collect the claim itself. In this case, the customer shall be obliged, among other things, to immediately mark the goods subject to retention of title as Silikal's property in a suitable manner recognisable to any third party.
The customer shall send Silikal a detailed list of the goods subject to retention of title which are still available, even if they have been processed, as well as a list of the assigned claims, naming the third party debtors. Irrespective of this, Silikal's authorised representatives shall be entitled at any time during normal business hours to make relevant determinations at the customer's premises and to inspect the documents required for this purpose.
8.6 The customer shall bear the risk for the goods delivered by Silikal. For the duration of the retention of title, the customer shall be obliged to keep the goods in safe custody and to insure them sufficiently against the usual risks, such as damage, loss, theft, fire, etc., at the usual conditions and to the usual extent. The customer hereby assigns to Silikal the claim against the insurance company in the event of damage, namely a first-rank partial amount equal to the price of the goods delivered by Silikal under reservation of title; Silikal already accepts this assignment. To the extent that the insurance does not cover the entire amount of the damage, Silikal cannot be referred to a pro rata compensation.
8.7 Pledges or transfers of ownership by way of security are excluded. The customer shall immediately inform Silikal of all events affecting Silikal's property and shall do everything, in particular make any legal declaration to Silikal or to a third party, in order to make the agreed retention of title and the assignment in advance effective. The customer shall be liable for all costs of judicial and/or extrajudicial intervention.
8.8 Silikal shall be obliged to release the collateral after due selection by Silikal if and to the extent that the estimated value of the collateral permanently exceeds Silikal's total claim to be secured by 50% (fifty percent).
9 Liability; product liability
9.1 Silikal shall be liable in accordance with the statutory provisions insofar as the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of Silikal's representatives or vicarious agents.
9.2 Insofar as Silikal is charged with the slightly negligent breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper execution of this agreement, the breach of which jeopardises the purpose of the agreement and the observance of which the customer can regularly rely on, the liability for damages shall be limited to the foreseeable, typically occurring damage.
9.3 Silikal's liability for culpable injury to life, body or health as well as Silikal's liability under other mandatory statutory provisions, in particular under the Product Liability Act, shall remain unaffected.
9.4 The customer shall assume the sole risk in its internal relationship with Silikal as (co-)manufacturer under the Product Liability Act, insofar as the cause of the damage lies within its sphere of responsibility and organisation and it is liable as manufacturer in its external relationship with the claimant. In the aforementioned cases, the customer shall expressly indemnify Silikal against all possible claims of third parties and shall, if necessary, provide security to the extent of its responsibility in the internal relationship.
The provision in clause 9.4 shall not apply Areas of Application, insofar as in cases in which the customer has made goods available to Silikal for the purpose of processing or treatment, the cause of the damage is due to the processing or treatment by Silikal, even if Silikal does not appear to third parties as the manufacturer.
9.5 To the extent that Silikal's liability for damages is limited, this shall also apply to the personal liability for damages of Silikal's employees, representatives and vicarious agents.
9.6 Unless otherwise provided above, Silikal's liability shall be excluded.
10. right of withdrawal in case of unavailability of special raw materials
If, in the period between the conclusion of the contract and the delivery, it turns out, unforeseeably for Silikal, in particular with reference to the time of the conclusion of the contract, that a raw material indispensable for Silikal's performance of the contract is not only temporarily no longer available in the quantity sufficient for the performance of the contract by reasonable expenditure, Silikal shall be entitled to withdraw from the contract with the customer. This shall not apply if Silikal is responsible for such unavailability. Silikal shall inform the customer immediately about the non-availability.
11.1 Unless otherwise provided for in a separate confidentiality agreement between the Parties, both Parties undertake to maintain confidentiality in accordance with this Clause 11.
The Parties are mutually obliged to maintain confidentiality with respect to business and trade secrets as well as information designated as confidential ("Secret Information") which becomes known in connection with the performance of the Contract or which the Parties exchange with each other and make available to each other. By secret information the parties mean in particular all orders and all related information and documents of a commercial or technical nature, illustrations, drawings, calculations, quality guidelines, samples and similar information, know-how, business relationships, business strategies, business plans, financial planning, personnel matters. Information which is publicly known at the time of disclosure or becomes publicly known at a later date and which is not the result of misconduct on the part of the party concerned, or which has come to the knowledge of a third party by means other than through the other party to the contract or its affiliated companies, without the party concerned having directly or indirectly breached a duty of confidentiality towards the other party, shall not be deemed to be secret information.
Duplication and disclosure of secret information is only permitted within the scope of operational requirements. It may only be disclosed or made accessible to third parties with the prior express written consent of the respective other party.
11.2 The above confidentiality obligation shall survive the termination of the supply relationship as long as the confidential information has not become public knowledge.
12.1 The customer shall refrain from hiring, during the term of the contract, Silikal's employees or other workers involved in the performance of the respective contract, unless the employee or other worker has already left Silikal as an employee or other worker for six (6) months or Silikal has given its prior written consent. The aforementioned prohibition shall also not apply if the hiring of the employee or other worker by the customer was initiated by Silikal's employee or other worker.
12.2 During the term of the contract, the customer shall refrain from directly or indirectly enticing away Silikal's employees or other workers involved in the performance of the respective contract.
12.3 The two preceding paragraphs shall apply in each case also after the end of the contract term for a period of one year, starting from the end of the contract term.
12.4 The two preceding paragraphs 12.1 and 12.2 regarding the prohibition of hiring or soliciting also apply to the companies affiliated with the customer.
12.5 The customer shall demonstrate and prove that the employment of a former employee or other employee of Silikal is not based on a violation of this prohibition of recruitment or enticement.
13 Offsetting and rights of retention
13.1 Any set-off by the customer shall be excluded. This shall not apply if the counterclaim is based on a breach of one of Silikal's principal obligations within the meaning of § 320 of the German Civil Code (BGB) or if the counterclaim has been legally established or is undisputed.
13.2 Silikal shall be entitled to set off any of its own claims against claims of the customer, provided that no statutory prohibition of set-off is opposed thereto. This shall also apply in the event that the customer, in spite of late payment, has made use of discounts agreed upon in individual cases.
13.3 The customer shall only be entitled to rights of retention insofar as its counterclaim in connection with or arising from the same legal transaction has been legally established or is undisputed. Otherwise, the customer shall not be entitled to any rights of retention.
14. written form
14.1 This agreement shall take precedence over all previous agreements on its subject matter, irrespective of whether the parties have agreed thereto in writing or orally. There shall be no verbal collateral agreements.
14.2 Amendments, supplements and the cancellation of this agreement must be in writing to be effective. This also applies to the amendment of this written form clause itself. Areas of Application The above written form requirement does not apply to agreements made orally between the parties after the conclusion of the contract. In this case, too, the parties agree that written confirmation is required for the content of an oral agreement.
14.3 Unless otherwise stipulated in these General Terms and Conditions, text form, e.g. e-mail, fax, within the meaning of § 126 b of the German Civil Code (BGB) shall also be sufficient for compliance with the written form requirement.
15 Applicable law, place of jurisdiction
15.1 All contractual and non-contractual relations between Silikal and the customer shall be governed by the laws of the Federal Republic of Germany. The Areas of Application uniform UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
15.2 All disputes arising out of and in connection with this contract or concerning its validity shall be settled in accordance with the Arbitration Rules of the German Institution of Arbitration (Deutsche Institution für Schiedsgerichtsbarkeit e.V. (DIS) to the exclusion of the ordinary courts of law. The place of arbitration shall be Munich. The language of the arbitration shall be English, although documents and evidence shall also be admissible in German. It is agreed that the decision shall be made by a single judge.
16. final provisions
16.1 If individual provisions of these GTC are or become invalid, this shall not affect the validity of the remaining provisions. This shall not apply if adherence to the contract would constitute an unreasonable hardship for one of the contracting parties.
16.2 The customer may transfer the rights and obligations arising from the contract with Silikal to a third party only with Silikal's prior written consent. Silikal shall refuse such consent only for good cause. The customer shall inform Silikal without delay if it intends to transfer rights and obligations under the contract with Silikal.
16.3 These GTC are agreed in a German and English version. The German version shall prevail in the event of any discrepancies.
17.1Our company regularly checks your creditworthiness when concluding contracts and in certain cases where there is a legitimate interest. For this purpose, we work together with Creditreform Offenbach Gabold & Bleul KG, Goethering 59, 63067 Offenbach, from whom we receive the data required for this purpose. For this purpose, we transmit your name and contact details to Creditreform. Further information on data processing at Creditreform is available at www.creditreform-offenbach.de/EU-DSGVO or on request by e-mail/fax/post.