General Terms & Conditions (GTC)

Preamble

Kremer Pigmente is a long-established family business that sells high-quality artist pigments, binders, and painting materials. These General Terms and Conditions (GTC) govern the business relationship between Kremer Pigmente and our customers in a fair and transparent manner.

We value:

  • The quality and authenticity of our products
  • Safe handling of hazardous substances
  • Compliance with international export and compliance regulations
  • Professional customer service

If you have any questions about these terms and conditions, please do not hesitate to contact us.

1. Scope and priority

  1. These Terms and Conditions, in the version valid at the time of the order, apply exclusively to all business relationships between Kremer Pigmente GmbH & Co. KG ("Kremer Pigmente") and customers of our online shop. By placing an order, the customer accepts these Terms and Conditions as binding.
     
  2. Deviating or conflicting terms and conditions of the customer will not be recognized unless Kremer Pigmente has expressly agreed to them in writing.
     
  3. These General Terms and Conditions also apply to all future business relationships, unless otherwise expressly agreed in writing.

2. Conclusion of the contract

  1. The presentation of our goods in the online shop does not constitute a binding offer to purchase, but rather an invitation to place an order (invitatio ad offerendum). The customer may withdraw from their order at any time prior to the conclusion of the contract.
  2. By submitting the order, the customer makes a binding offer to conclude a purchase contract for the goods contained in the shopping cart. At the same time, the customer acknowledges these General Terms and Conditions as solely authoritative for the contractual relationship and confirms that they have taken note of the information on the availability of the goods, the price, and the delivery and payment conditions.
  3. The confirmation of receipt of the order by email is merely an automated confirmation of receipt and does not constitute acceptance of the offer. The purchase contract is only concluded when the goods are actually shipped or when Kremer Pigmente issues an express written declaration of acceptance. If the order is rejected, the customer will be notified immediately in writing.
  4. For orders from new customers, Kremer Pigmente reserves the right to obtain credit information before concluding the contract and to reject the order if payment default risks are identified.

3. Retention of title

  1. The delivered goods remain the property of Kremer Pigmente until the purchase price, including all ancillary costs, has been paid in full.
     
  2. The customer is not entitled to pledge the goods or assign them as security until ownership has been transferred to them.
     
  3. In the event of a breach of payment obligations, Kremer Pigmente is entitled to reclaim the goods. The assertion of retention of title does not constitute a set-off.

4. Shipping and payment terms

  1. Shipping is at the risk and expense of the customer. The minimum order quantity corresponds to the smallest quantity specified in the online shop. The customer bears all transport risks from the time of handover to the carrier or transport company.
     
  2. We deliver to new customers exclusively against advance payment. For existing customers, different payment terms can be agreed upon in individual contracts.
     
  3. The seller and contractual partner is:

Kremer Pigmente GmbH & Co. KG
Hauptstraße 41–47
88317 Aichstetten
Germany

Managing Directors: Dr. Georg Kremer, David Kremer
Commercial register: Ulm Local Court, HRA 610432
Tax identification number: 91060-40361
Sales tax identification number (EC-VAT): DE 814198081
Phone: +49 7565 914 480
Email: [email protected]

For further information, see the legal notice.

5. Sales tax identification number (EC-VAT)

  1. For tax-free intra-Community deliveries, the customer must provide a valid VAT identification number (EC-VAT) and submit it when placing the order.
     
  2. Missing or incorrect information will result in the delivery being subject to tax. The customer bears all consequences resulting from incorrect tax number information, including any additional tax payments.
     
  3. Kremer Pigmente reserves the right to have the validity of EC VAT numbers checked.

6. Offers and withdrawal

  1. Offers to business customers, in particular regarding prices and delivery times, are subject to change and non-binding unless they are expressly marked as binding.
     
  2. Withdrawal by Kremer Pigmente:

    Kremer Pigmente may withdraw from the contract if performance becomes permanently impossible for reasons for which

    Kremer Pigmente is not responsible, in particular in the event of:

    • Force majeure (natural disasters, war, pandemics)
    • Raw material availability (supplier does not deliver)
    • Official measures (export bans, production stops)
    • Destruction of stock due to fire, flooding, or similar events

    The customer will be informed immediately in writing. Any payments already received will be refunded in full.
     
  3. Delivery delays:

    In the event of temporary delivery obstacles, the delivery period shall be postponed by the duration of the obstacle plus a reasonable start-up period.
    If the delay lasts longer than 2 months, both parties may withdraw from the contract.
     
  4. Price adjustments for current contracts:

    In the case of continuing obligations or framework agreements, Kremer Pigmente may adjust prices in the event of:

    • Increase in raw material costs by more than 5%
    • Increase in energy costs of more than 15%
    • Change in statutory value added tax
    • Introduction of new government levies (e.g., CO2 tax)

    Price adjustments will be communicated to the customer at least 4 weeks in advance.

    The customer has the right to terminate the contract within 2 weeks of notification.

7. Prices

  1. All prices are quoted in euros and include the applicable statutory value added tax, except for:

    • Deliveries outside the EU
    • Deliveries within the EU to customers with a valid EC VAT number
    • Deliveries to countries with different taxation
     
  2. Obvious errors: In the event of obvious errors in the price display (e.g., $1 instead of $100), Kremer Pigmente is not bound by the incorrect price. The customer will be informed of the error immediately and can decide whether they wish to place an order at the correct price.
     
  3. Prices are subject to change, in particular in the event of:

    • Changes in raw material costs
    • Changes in energy prices
    • Changes in tax rates Price changes apply to new orders from the time of their announcement. Contracts that have already been concluded remain unaffected.
     
  4. Additional costs (shipping, packaging, dangerous goods surcharges) will be communicated to the customer in a transparent manner before the contract is concluded.

8. Ordering in the online shop

  1. Products can be selected without obligation by clicking on "Add to cart." The contents can be checked and adjusted at any time via "Shopping cart & checkout." The customer can change or cancel their order as often as they wish before submitting it.
     
  2. By clicking on "Place order" or the corresponding order button, the customer submits a binding order and accepts these terms and conditions as well as all other information regarding availability, delivery, and payment.
     
  3. Confirmation of receipt of the order is sent automatically by email, but does not constitute confirmation of availability or acceptance of the order.
     
  4. The purchase contract is only concluded when the goods are actually shipped or when Kremer Pigmente expressly declares its acceptance.

9. Shipping costs and shipping methods

  1. Shipping costs depend on the order quantity, shipping method, destination country, and legal requirements (e.g., shipping weight, hazardous goods classification).
     
  2. Additional shipping fees may apply for certain products (in particular hazardous materials, large quantities, or bulky goods), which will be communicated transparently before the contract is concluded.
     
  3. On average, the packaging weight is approximately 10% of the quantity ordered. The actual shipping price is calculated based on the final total weight.
     
  4. Kremer Pigmente reserves the right to ship via freight forwarders, courier services, or other transport partners. The customer will be informed of the shipping service provider upon request.
     
  5. International deliveries are subject to customs and import regulations, for which the recipient is responsible.

10. Packaging and disposal

  1. The recipient is responsible for the legally compliant disposal of the sales and shipping packaging and bears the associated costs.
     
  2. For packaging outside Germany, the respective local disposal regulations and national environmental protection laws apply.
     
  3. Kremer Pigmente points out the possibility of take-back or return systems, if these are required by law.
     
  4. Packaging containing hazardous substances must be disposed of in accordance with the dangerous goods regulations. The customer is advised of the necessary precautions in the safety data sheets provided.

11. Delivery

  1. Delivery area: Worldwide shipping to available destination countries. Restrictions arise from the Export Control Compliance Regulations (see Section 20).
     
  2. Estimated delivery times:

    • Germany (within): 2–3 business days after conclusion of contract
    • European Union (within): less than 2 weeks after conclusion of contract
    • Third countries: Please inquire about delivery times; these depend on availability, customs clearance, and international transport conditions
     
  3. Delivery times are approximate and not binding. If delivery times are exceeded, there is no claim for damages unless Kremer Pigmente is guilty of intent or gross negligence.
     
  4. Delivery delays due to force majeure, raw material shortages, official measures, natural disasters, or unforeseen events release Kremer Pigmente from any obligation to pay damages.
     
  5. The risk is transferred to the customer when the goods are handed over to the carrier or transport company, even if shipping is free of charge.

12. Safety data sheets and hazardous substances

  1. Safety data sheets (SDS) for hazardous substances in accordance with the EU REACH Regulation and the Hazardous Substances Ordinance are available free of charge in the online shop and must be viewed, understood, and downloaded by the customer prior to purchase.
     
  2. The customer undertakes to take note of the information in the safety data sheets and to comply with the safety and handling measures described therein.
     
  3. By purchasing hazardous substances, the customer declares that they have the necessary qualifications and approvals to store, use, and dispose of them safely.
     
  4. Kremer Pigmente will provide additional technical documentation upon request.

13. Payment

  1. The purchase price is due upon conclusion of the contract, unless different payment terms have been agreed upon in individual contracts.
     
  2. Payment methods within Germany:

    • Bank transfer
    • Credit card (Visa, Mastercard)
    • Direct debit (SEPA direct debit)
    • PayPal
     
  3. Payment methods abroad:

    • Bank transfer
    • Credit card (Visa, Mastercard)
    • PayPal
    • Other payment methods available on request
     
  4. For bank transfers, delivery will only commence once the money has been credited to the Kremer Pigmente account.
     
  5. Payments must be made without deduction. All bank charges shall be borne by the payer.
     
  6. In the event of late payment, interest on arrears of 8% p.a. above the base rate (for consumers in accordance with Section 288 (2) of the German Civil Code (BGB), for companies in accordance with Section 288 (2) BGB) will be charged.
     
  7. Kremer Pigmente reserves the right to suspend further deliveries in the event of late payment and to charge reminder fees.

14. Warranty and liability for defects

  1. The statutory warranty rights of the German Civil Code (BGB) apply.
     
  2. Warranty periods:

    • Consumers: 2 years from delivery for new goods
    • Entrepreneurs: 1 year from delivery, unless otherwise specified below

    For damage to life, limb, or health, as well as for damage caused by intentional or grossly negligent breach of duty, the statutory limitation periods apply.
     
  3. Product warranty: Kremer Pigmente does not provide any warranty within the meaning of § 443 BGB (German Civil Code).
    All information on product characteristics is provided to the best of our knowledge, but does not constitute a guarantee.
     
  4. Custom-made products and customer-specific mixtures:

    For products manufactured according to customer-specific specifications (e.g., color adjustments, special mixtures according to customer recipes), the following applies:

    • The customer is responsible for the suitability of the formula, specification, or color sample.
    • Warranty claims are excluded if defects are attributable to the customer's specification.
    • This does not apply to defects that are attributable to incorrect implementation of the customer's specifications by Kremer Pigmente.
     
  5. Sample production and color samples:

    The customer is strongly urged to prepare their own color samples on the intended substrate. This sample production serves to check:

    • Color tone and color effect
    • Adhesion and opacity
    • Suitability of the material for the specific substrate

    Complaints regarding properties that could have been identified by creating samples are excluded.
     
  6. Notification of defects:

    • The customer must report any recognizable defects immediately, at the latest within 10 working days after receipt of the goods.
    • In the case of hidden defects, the obligation to notify applies from the time of discovery.
    • Transport damage must be reported immediately to the carrier and to Kremer Pigmente.
     
  7. Warranty:

    In the event of a warranty claim, Kremer Pigmente has the right to choose between:

    • Rectification (repair)
    • Subsequent delivery (replacement delivery)

    If the subsequent performance fails twice, the customer may, at their discretion:

    • Reduce the purchase price or
    • Withdraw from the contract

    The costs of subsequent performance shall be borne by Kremer Pigmente.
     
  8. Tolerances:

    The following deviations do not constitute defects:

    • Color deviations up to ΔE 2.0 (CIELAB standard)
    • Minor differences in natural products (e.g., natural earth pigments)
    • Normal signs of wear on packaging, provided that the goods are undamaged
    • Minor quantity deviations up to ±3% for bulk goods

15. Liability and limitation of liability

  1. Unlimited liability:

    Kremer Pigmente is liable without limitation for:

    • Damage caused intentionally or through gross negligence

    • Damage to life, limb, or health

    • Damage under the Product Liability Act

    • Fraudulently concealed defects

    • Warranty commitments (if expressly given)

  2. Liability for slight negligence:

    In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations) Kremer Pigmente shall be liable to an amount limited to the contractually typical, foreseeable damage typical for the contract.

    Essential contractual obligations are those whose fulfillment is essential performance of the contract and on whose compliance the customer can regularly rely on (e.g., delivery of defect-free goods).

  3. Maximum liability amount:

    Insofar as Kremer Pigmente's liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.

    In cases of slight negligence, liability is limited to:

    • Three times the value of the goods concerned, but not exceeding

    • EUR 50,000 per claim

    • EUR 250,000 per calendar year (total liability)

  4. Exclusion of indirect damages:

    Liability is excluded for:

    • Lost profits

    • Loss of production

    • Costs for replacement purchases

    • Consequential damages resulting from faulty further processing

    This does not apply in cases of intent or gross negligence.

  5. Special liability provisions for custom-made products:

    Kremer Pigmente is only liable for products manufactured to customer specifications Kremer Pigmente is only liable for:

    • Incorrect implementation of customer specifications
    • Incorrect advice in response to specific inquiries

    No liability is accepted for:

    • Unsuitability of the formulation specified by the customer
    • Inadequate suitability for the customer's intended purpose, provided that this

    was not specifically communicated to Kremer Pigmente
     
  6. Product liability:

    Liability under the Product Liability Act (ProdHaftG) remains unaffected.

    The customer is advised to take out appropriate product liability or business liability insurance, in particular for:

    • Further processing of the products

    • Commercial use

    • Export to third countries

  7. Limitation period for claims for damages:

    Claims for damages expire one year after knowledge of the damage and the party responsible for the damage, but no later than three years after delivery.

    This does not apply to claims under Section 15.1 (unlimited liability).

16. Assignment and set-off

  1. Claims of the customer against Kremer Pigmente may not be assigned or pledged without the prior written consent of Kremer Pigmente. In particular, assignment is not permitted if it is made to competitors, sanctioned persons, or to circumvent payment obligations.
     
  2. The customer shall only have a right of set-off in the case of undisputed or legally established counterclaims. The customer may not offset claims arising from other contractual relationships with Kremer Pigmente.
     
  3. Kremer Pigmente reserves the right to offset claims against the customer's claims.

17. Choice of law and place of jurisdiction

  1. All business relationships are governed exclusively by the laws of the Federal Republic of Germany, in particular the German Civil Code (BGB), without reference to conflict of laws or the UN Convention on Contracts for the International Sale of Goods (CISG). Minimum consumer protection provisions at the customer's place of residence remain unaffected.
     
  2. Place of jurisdiction:

    • For merchants, legal entities under public law, or special funds under public law, the registered office of Kremer Pigmente (Ulm Local Court, Ulm Regional Court) is the exclusive place of jurisdiction.
    • For consumers, the statutory place of performance or court of residence shall also apply.
     
  3. Contract language: The contract language is German. If the General Terms and Conditions are translated into other languages, the German version shall prevail in the event of discrepancies.
     
  4. Written form clause: All changes and additions to these General Terms and Conditions must be made in writing (letter, email, PDF).

18. Consumer right of withdrawal

  1. Right of withdrawal: Consumers (natural persons who are not acting in the exercise of a commercial or professional activity) may withdraw from the purchase contract within 14 days without giving reasons.
     
  2. Cancellation period: The cancellation period begins when the customer receives the goods and ends after 14 days. The deadline is met if the cancellation notice is sent before the deadline expires.
     
  3. Form of withdrawal: Withdrawal can be made in writing (letter, email, fax) or by returning the goods without further explanation.
     
  4. Consequences of withdrawal: In the event of an effective withdrawal, any payments made will be refunded in full. The customer bears the cost of returning the goods, unless the goods are defective.
     
  5. Exceptions to the right of withdrawal: The right of withdrawal does not apply to:

    • Books, magazines, and brochures (in accordance with § 312g para. 2 no. 1 BGB)
    • Color charts, sample collections, and sample books
    • Custom-made products and customer-specific mixtures
    • Special orders according to customer specifications
    • Golden Artist Colors® brand products
    • Goods that were delivered sealed after ordering and were unsealed after delivery (e.g., chemicals with safety seals)
    • Goods whose return is excluded for reasons of health or environmental protection
     
  6. Cancellation form: Kremer Pigmente provides a cancellation form that the customer can use, but is not required to do so.

19. Export Control Compliance Statement

This statement governs compliance with export control and sanctions laws and is an integral part of all purchase agreements between Kremer Pigmente and customers.

19.1 Legal framework

In accordance with the compliance policy of Kremer Pigmente GmbH & Co. KG ("Supplier"), it is necessary to ensure that customers and end users of Kremer Pigmente products understand and comply with all applicable laws, in particular laws on export controls and economic sanctions. These laws include, among others, the following EU regulations in their currently applicable versions:

  • Dual-Use Regulation (EU) 2021/821
  • Chemical Weapons Convention (international agreement)
  • Chemicals with military applications, Common Position 2008/944/CFSP
  • Hazardous chemicals, Regulation (EU) No. 649/2012
  • Chemicals under the Anti-Torture Regulation (EU) No. 2019/125
  • Chemicals subject to sanctions for certain countries (Syria, North Korea, Iran)
  • Chemical precursors of explosives, Regulation (EU) No. 2019/1148
  • Chemical precursors of psychotropic and narcotic substances, Regulation (EC) No. 111/2005
  • Russia Embargo Regulation (EU) No. 833/2014
  • Belarus Regulation (EU) No. 765/2006
  • Iran Embargo Regulation (EU) 267/2012

19.2 Confirmations and obligations of the customer

The customer hereby declares and confirms that the goods purchased from Kremer Pigmente, including items, software, and technology:

19.2.1 Not be sold, delivered, transferred, directly or indirectly exported, or re-exported to embargoed countries or sanctioned entities

  • not be sold, delivered, transferred, directly or indirectly exported or re-exported to current UN, EU or US embargo countries
  • not be delivered directly or indirectly to final destinations in Russia, Belarus, Crimea, Sevastopol, Donetsk, Luhansk, Zaporizhia, or Kherson. This applies in particular to the Russia Embargo Regulation (EU) 833/2014, as amended, which prohibits the direct or indirect sale, transfer, or export of goods listed on the embargo control lists (e.g., Annexes VII, XI, XVIII, XX, XXIII, XXXV, XL) to a Russian entity or for use in Russia, as well as the provision of technical services related to these goods or intermediate products. The circumvention clause (Articles 12 and 12g of the Russia Embargo Regulation (EU) 833/2014, as amended) is acknowledged and complied with by the recipient and end user.

19.2.2 Not provided directly or indirectly to or for the benefit of sanctioned persons or entities

not made available, directly or indirectly, to or for the benefit of natural or legal persons, entities or bodies, or natural or legal persons, entities or bodies associated with them, listed on any of the following lists:

  • EU sanctions list (CFSP – Common Foreign and Security Policy)
  • Other lists of legal and natural persons subject to sanctions imposed by EU member states
  • US list of administratively excluded parties (ADP)
  • US Consolidated Nuclear Suppliers List (CNSL)
  • US Consolidated Sanctions List (CSL)
  • US Denied Persons List (DPL)
  • Entity List (EL)
  • US Foreign Terrorist Organizations List (FTO)
  • Special Designated Nationals List (SDNL)
  • US List of Statutorily Designated Parties (SDP)
  • Terrorist Exclusion List (TEL)
  • Unverified List (UL)

19.2.3 Not for prohibited end uses

Not to be used in connection with any of the following applications or related activities:

  • Development, production, handling, operation, maintenance, storage, detection, identification, or dissemination of chemical, biological, or nuclear weapons or other nuclear explosive devices, or development, production, maintenance, or storage of missiles capable of delivering such weapons
  • Nuclear explosive activities
  • Uncontrolled nuclear activities or improperly controlled or properly controlled nuclear fuel cycle activities
  • Design, assistance in the design, construction, manufacture, or operation of facilities: for the chemical processing of irradiated special or source material, for the production of heavy water, for the isotope separation of any source or special nuclear material, or for the manufacture of nuclear reactor fuel containing plutonium
  • Design, development, production, storage, or use of chemical or biological weapons or precursors, or
  • Illegal drug production

19.2.4 Military end use

not be used for military purposes if the purchasing country or country of destination is subject to an arms embargo. For the purposes of this obligation, military end use means:

  • Incorporation into military items listed on the military list of EU Member States
  • Use of production, testing, or analysis equipment and their components for the development, production, or maintenance of military items listed on the military list of EU member states, or
  • Use of finished products in a factory for the production of military items listed on the military list of EU member states

19.3 Duty of care and duty to provide information

The customer and Kremer Pigmente undertake to evaluate all transactions with the necessary information (e.g., product classification, end use, end user) and to provide each other with appropriate support if possible end uses need to be taken into account.

19.4 "Know Your Customer" (KYC) and information requirements

  1. Kremer Pigmente may deem it necessary to obtain further information from the customer for transactions under sales contracts, including:

    • Country of destination
    • End user
    • End use
    • Product classification
    • Business purpose
     
  2. in order to evaluate the transaction under foreign trade and embargo law.
     
  3. Kremer Pigmente is entitled to request the following documents from the customer in writing, by email, or by telephone:

    • End-use certificate
    • Commercial documents
    • Confirmations regarding end use
    • Any other information necessary for a complete assessment of the facts to be evaluated
     
  4. The customer undertakes to respond to such requests in writing or by email within 14 working days of receipt.

19.5 Approval requirement and delivery condition

  1. If the provision of the deliveries or services stipulated in the purchase contract requires approval in accordance with German or European foreign trade law, US export control law, or other national laws, the provision is conditional upon the granting of the necessary export license.
     
  2. If the required approval is not granted within 12 months of the application for the export license, the purchase contract outstanding at that time shall be definitively void.
     
  3. The refusal, revocation, or invalidity of the necessary approvals shall release Kremer Pigmente from its obligation to deliver the goods and/or services in question.
     
  4. In this case, claims for damages against Kremer Pigmente by the customer—in particular due to covering purchases or consequential damages such as loss of profit or reimbursement of costs—are excluded.

19.6 Obligation to pass on

The customer agrees to include the above obligations or equivalent obligations in its contracts with its customers to whom it resells and/or delivers goods from Kremer Pigmente. The customer is responsible for ensuring that its supply chain complies with these export control obligations.

19.7 Obligation to notify in the event of violations

The customer agrees to notify Kremer Pigmente immediately in writing of any violation of the provisions of this section that becomes known to the customer. The customer further agrees to assist Kremer Pigmente in pursuing action against third parties who violate these provisions.

19.8 Term and termination

  1. This statement is valid for an indefinite period.
     
  2. This statement may be terminated by either party with three (3) months' written notice. Termination shall take effect at the end of a calendar month and shall apply to all purchase contracts concluded after termination.
     
  3. Termination by Kremer Pigmente may take effect immediately if the customer violates the export control regulations.

20. US-specific compliance requirements

20.1 TSCA Compliance (Toxic Substances Control Act)

  1. The customer declares and confirms that they or the end user will comply with all applicable US laws on chemical regulation, in particular the Toxic Substances Control Act (TSCA).
     
  2. The customer is responsible for:

    • Verifying that the pigments and chemicals purchased are listed on the TSCA Inventory List
    • Obtaining all necessary certifications (TSCA Importer Certification)
    • Compliance with reporting requirements to the US EPA
    • Providing and updating Safety Data Sheets (SDS) in accordance with 40 CFR 1910.1200 (GHS)
     
  3. For new chemical substances (not on the TSCA Inventory List), the customer must submit a Premarket Notification (PMN) and wait for the 90-day EPA evaluation period to elapse before importing.
     
  4. Kremer Pigmente provides TSCA-related documentation and certificates of compliance upon request, but cannot provide legal advice regarding TSCA compliance.

20.2 Proposition 65 and California-specific requirements

  1. The customer declares and confirms that they are aware that some pigments and chemicals may be listed on the Proposition 65 list (California Safe Drinking Water and Toxic Enforcement Act of 1986).
     
  2. The customer undertakes:

    • To affix the required warnings (clear and reasonable warnings) to products containing Prop 65 substances
    • To provide point-of-sale warnings
    • Regularly checking the updated Prop 65 list (https://oehha.ca.gov/proposition-65)
    • Maintain all documentation relating to Prop 65 compliance
     
  3. Kremer Pigmente is not liable for incorrect Prop65 compliance or inadequate warnings by the customer or end user.

20.3 Other US regulations

The customer declares and confirms compliance with other US laws:

  • RCRA (Resource Conservation and Recovery Act): Compliance with waste treatment and disposal regulations
  • CERCLA (Superfund): Disclosure of liability for environmental damage
  • Clean Air Act / Clean Water Act: Compliance with emission and discharge standards
  • OSHA (Occupational Safety and Health Administration): Workplace safety and handling requirements
  • FDA requirements (if applicable): For pigments in food contact or pharmaceutical applications

20.4 Import Documentation and Customs Clearance

  1. The customer is fully responsible for:

    • Customs declaration and customs clearance in the USA
    • Correct HS codes (Harmonized Tariff Schedule Codes)
    • Compliance with Importer Security Filing (ISF / 10+2) requirements
    • Payment of all import duties, taxes, and fees
    • Compliance with local, state, and federal import laws
     
  2. Kremer Pigmente provides the necessary documentation but accepts no liability for customs delays or delays in customs clearance.

20.5 Product liability and jurisdiction in the USA

  1. The customer declares and confirms their understanding that German terms and conditions and German limitations of liability may not be fully enforceable in the USA, in particular:

    • US courts may claim jurisdiction if the goods are sold or used in the USA
    • US product liability law (strict liability) may be stricter than German law
    • Punitive damages and class actions are possible
    • Limitations of liability may not apply to non-commercial damages
     
  2. Kremer Pigmente recommends that the customer take out adequate product liability insurance covering US risks.
     
  3. Kremer Pigmente accepts no liability for:

    • Injuries caused by improper handling or storage on the part of the customer or end user
    • Color deviations or performance defects attributable to US-specific requirements
    • Failure of the customer to comply with US laws
    • Interactions with other materials or substances

(to the extent permitted by law).

20.6 End-use certificate and duty to provide information

  1. Kremer Pigmente reserves the right to request an end-use certificate for US orders, which must contain the following information:

    • Name and address of the importer/purchaser
    • Destination of the goods
    • Confirmed end use
    • Confirmation that the goods will not be used in consumer products for children (special US requirements) (if applicable)
    • Confirmation of TSCA compliance
    • Signature of authorized representative
     
  2. The customer undertakes to respond to such requests within 14 business days.

20.7 Shipping and insurance costs

  1. The customer shall bear:

    • All shipping and insurance costs for delivery to the USA
    • All import/customs duties, taxes, and fees
    • All costs for customs clearance and other customs procedures
    • All costs for additional inspections or quarantine by US authorities
     
  2. Kremer Pigmente will usually deliver the goods FOB (Free on Board) export port or ex works. The customer or their carrier bears the transport risk from this point onwards.

21. "No Russia/Belarus" sanctions clause

21.1 Confirmation of sanctions policy

The customer declares and confirms that they fully understand and accept the current international sanctions policy towards Russia and Belarus, in particular the Russia Embargo Regulation (EU) 833/2014 and the Belarus Regulation (EU) 765/2006 in their currently applicable versions.

21.2 Prohibited recipients and destination countries

The customer declares that:

  1. they do not deliver or have delivered goods from Kremer Pigmente directly or indirectly to the following destination countries or regions:

    • Russian Federation
    • Republic of Belarus
    • Autonomous Republic of Crimea
    • City of Sevastopol
    • Donetsk People's Republic (self-proclaimed entity)
    • Luhansk People's Republic (self-proclaimed entity)
    • Zaporizhzhia
    • Kherson
     
  2. it does not deliver or arrange for the delivery of the goods to natural or legal persons, entities, or authorities that:

    • have their registered office, place of business, or residence in the countries or regions referred to in 20.2.1, or
    • are owned, controlled, or beneficially owned by persons, entities, or authorities resident in the countries or regions referred to in 20.2.1, or
    • are controlled or influenced by persons, entities, or authorities resident in the countries or regions referred to in 20.2.1
     
  3. it does not acquire, possess, or use the goods on behalf of or for the benefit of persons or entities resident in Russia or Belarus.

21.3 Avoidance of circumvention

The customer declares that they:

  1. will not relocate or resell the goods in order to circumvent the sanctions regulations
     
  2. will not carry out any transactions that would qualify as "economic activity" within the meaning of the embargo regulations against Russia or Belarus vis-à-vis the sanctions authorities
     
  3. will not provide any services (e.g., technical support, consulting, training) in connection with the goods that are subject to sanctions

21.4 Verification of Sanctions Lists

Kremer Pigmente reserves the right to check all customer information against the current sanctions lists, including:

  • EU sanctions list (CFSP)
  • US sanctions lists (OFAC lists)
  • UN sanctions lists
  • National sanctions lists according to the German Foreign Trade Act (AWV)

21.5 Violation and consequences

  1. A violation of this sanctions clause constitutes a breach of the fundamentals of the purchase agreement.
     
  2. In the event of a breach or reasonable suspicion of a breach, Kremer Pigmente is entitled to:

    • Suspend or refuse delivery
    • Terminate the purchase agreement without notice
    • Block amounts already paid
    • Notify authorities or compliance bodies
    • Assert all claims for damages against the customer
     
  3. The customer shall bear all costs and penalties resulting from a violation of sanctions laws, including:

    • Administrative penalties
    • Court costs
    • Compliance costs
    • Damages payable to authorities

21.6 Documentation and evidence

The customer undertakes to provide the following documentation upon request by Kremer Pigmente:

  • Confirmation that the recipient is not based in Russia or Belarus
  • Proof that the goods will not be used in Russia or Belarus
  • Confirmation that the end user is not listed on US, EU, or UN sanctions lists
  • Commercial documents and shipping documents

21.7 Period of validity

This sanctions clause is valid indefinitely and remains in force as long as these sanctions against Russia and Belarus are in place by the EU, UN, or other relevant authorities. It is automatically replaced when the sanctions laws are updated.

22. Data protection

  1. The customer's personal data will only be collected and processed for the purpose of executing the purchase contract, fulfilling legal obligations, and complying with export control laws (including US TSCA and sanctions checks).
     
  2. Further information on the processing of personal data can be found in Kremer Pigmente' privacy policy.
     
  3. The customer agrees that their data may be passed on to authorities or compliance service providers for the purpose of checking sanctions lists and export compliance requirements.

23. Severability clause

  1. Should individual provisions of these General Terms and Conditions be invalid, incorrect, or unenforceable, the validity of the remaining provisions shall remain unaffected.
     
  2. The invalid provision shall be replaced by a valid provision that corresponds as closely as possible to the economic purpose of the invalid provision.
     
  3. This applies in particular if individual liability or warranty exclusions are found to be invalid in whole or in part.

24. Customer service and complaint management

  1. Contact:

    If you have any questions about products, orders, or these Terms and Conditions, you can reach us at:

    Phone: +49 7565 914 480 (Mon–Fri, 8:00 a.m.–5:00 p.m.)

    Email: i[email protected]

    Contact form: www.kremer-pigmente.com/kontakt

  2. Complaints and claims:

    We take complaints seriously and strive to find quick solutions.

    Please direct any complaints to:

    Email: [email protected]

    We will confirm receipt within 2 business days and process your request promptly.

  3. Online dispute resolution (ODR platform):
     

    The European Commission provides a platform for online dispute resolution:

    https://ec.europa.eu/consumers/odr

    Kremer Pigmente is not obliged and not willing to participate in a dispute resolution proceedings before a consumer arbitration board.

Contact and legal notice

Kremer Pigmente GmbH & Co. KG
Hauptstraße 41–47
88317 Aichstetten
Germany

Phone: +49 7565 914 480
Email: i[email protected]