MetShape GmbH
We are a technology start-up from Pforzheim that specialises in the production of metallic 3D-printed components using innovative LMM technology. We are not only a production service provider, but as a technology developer we also offer all associated development services from component optimisation to material development.
Our technology is not only a real alternative for the production of small, high-precision metal components, but also offers completely new possibilities for the design of assemblies. An extensive scientific and industrial network, international cooperation partners as well as outstanding equipment technology enable us to provide not only a holistic penetration of the young LMM technology but also extensive expertise in relevant and related disciplines.
From series production to application development to consulting in the entire process chain, we are the partner who competently supports you in achieving your objectives.

Metals
LMM-Technology

We ship with:


MetShape GmbH
Tiefenbronner Straße 59
75175 Pforzheim
Germany
T: +49 (0) 7231 3744 180
F: +49 (0) 7231 3744 186
E: info@metshape.de
Registergericht: Amtsgericht Mannheim HRB 732947
Geschäftsführer: Dr.-Ing. Andreas Baum
USt-IdNr.: DE323528944
I General information
- The following conditions apply to all - also future - contracts concluded by MetShape GmbH (hereinafter ‘MetShape’).
II Offers and conclusion of contract
- Cost estimates and offers are made to the best of our knowledge and belief. Obvious mistakes, printing, spelling or calculation errors are not binding for MetShape and do not entitle the customer to claim damages.
- All offers are subject to change without notice. The costs for the refunding of a cost estimate or offer, if such costs are incurred, will be charged to the client.
- Cost estimates and offers are not binding. The written order confirmation of MetShape is the contractual basis and decisive for the scope of delivery. This also applies in case the customer's order is based on an offer by MetShape.
- Orders placed by the customer are binding for the customer and are regarded as accepted by MetShape upon presentation of the order confirmation. MetShape reserves a period of two weeks for the order confirmation. An order must be made in writing.
- The information about MetShape's services and products listed in catalogues, price lists, brochures, company information material, leaflets or other media are not binding, unless they are expressly declared to be part of the contract in written form.
- Additional agreements and changes must be confirmed in writing by MetShape.
- Technical and commercial documents created by MetShape are their intellectual property. The transfer to third parties without written consent of MetShape is not permitted.
III Delivery, delivery periods and transfer of risk
- MetShape is free to choose the mode of dispatch / means of transport.
- Partial deliveries are possible.
- If the client requests a delivery date that deviates from the agreed delivery date or from the order confirmation, any resulting additional costs will be charged to the client.
- At the request of the customer, MetShape will take out insurance for the delivery at the customer's expense against theft, breakage, transport, fire and water damage as well as against other insurable risks.
- Complaints due to transport damages must be made by the customer immediately after receipt of the goods to the transport company and to MetShape in written form, but at the latest within 7 days after receipt of the goods. Later complaints are not accepted by MetShape.
- Periods for delivery/performance are non-binding unless they have been expressly agreed as such in writing in the order confirmation or in the individual contract.
- If, for whatever reason, the order is amended or supplemented after the order has been placed, the delivery/performance period will be extended by a reasonable period.
- If MetShape is prevented from fulfilling its obligations due to the occurrence of unforeseeable circumstances or circumstances beyond MetShape's control, such as operational disruptions, sovereign measures and interventions, energy supply difficulties, failure of a supplier who is difficult to replace, strike, obstruction of traffic routes or force majeure, the delivery/performance deadline is extended in a reasonable extent. It is irrelevant whether these circumstances occur at MetShape itself or one of its suppliers or subcontractors.
- Objectively justified minor changes to the execution of the service that are reasonable for the customer are approved in advance.
IV Prices
- The prices stated do not include the statutory value added tax valid on the day of invoicing.
- The prices offered and quoted by MetShape are - unless otherwise stated in the respective document or order confirmation - ex works (EXW) Pforzheim.
- The prices are indicated in Euro (€).
- If an order is placed without prior offer or if services are performed that were not explicitly included in the order, MetShape is entitled to charge a fee that corresponds to its price list or its usual fee for the respective service(s).
- MetShape is entitled to charge a higher fee or price than agreed upon, if the calculation bases existing at the time of placing the order, such as raw material prices, exchange rate or personnel costs, change after conclusion of the contract.
- The customer is responsible for the professional and environmentally sound disposal of used material.
- Costs for travel, daily expenses and overnight stays will be charged separately. Travel times are regarded and billed as working time.
V Payment
- Invoicing takes place immediately after performance of the service. If there is no objection within 14 days, the invoice is considered accepted. If the customer does not pay within thirty days of the due date and receipt of the invoice, he will be in default even without a reminder.
- The entitlement to a discount deduction requires an explicit written agreement.
- In case of orders comprising several items, MetShape is entitled to issue a (partial) invoice after delivery of each individual item or service.
- In case of default of payment, 12 % p.a. are agreed. Appropriate and necessary costs incurred by the delay of payment, such as expenses for reminders, collection attempts, storage costs and possible judicial or extrajudicial lawyer's fees, must be refunded to MetShape.
- If the client is in default with any payment obligation towards MetShape arising from the contractual relationship or any other payment obligation towards MetShape, MetShape is entitled, without affecting any other rights, to suspend its performance obligation until the payment is made by the client and/or to make use of a reasonable extension of the delivery time, to make all open claims from this or other legal transactions due and payable, and to collect delivered items again, if necessary, without releasing the client from its performance obligation. This shall also apply in the case of partial payments if the service is not performed in individual sections.
- Should the financial circumstances of the client deteriorate, MetShape is entitled to demand immediate payment of the agreed remuneration or the purchase price and to execute the order only against advance payment.
VI Ownership
- The delivered goods, machines and accessories remain the unrestricted property of MetShape until full payment (including interest and costs).
- If the client does not properly fulfil its obligations under the contract, MetShape will be entitled at any time to retrieve its property at the expense of the client, which the client will be obliged to surrender.
- Delivery items and related execution documents, sketches, cost estimates and other documents provided by MetShape or resulting from MetShape's contribution remain the intellectual property of MetShape. Their use and particularly their passing on, duplication, publication and provision, including only partial copying, as well as their imitation, processing or utilization requires the explicit consent of MetShape.
- The customer undertakes to maintain secrecy towards third parties regarding the knowledge received from the business relationship.
VII Warranty
- In accordance with the legal provisions, MetShape undertakes to provide the client with a warranty for all products sold by MetShape.
- For components produced within the scope of feasibility studies, MetShape does not guarantee that the properties expected / ordered by the customer will be fully met.
- MetShape warrants against defects that are present at the time of delivery.
- If a defect occurs in the delivered goods, the customer may initially only demand the improvement or replacement of the goods, unless the improvement or replacement is impossible or would involve a disproportionately high effort for MetShape compared to the other remedy. Whether this is the case also depends on the value of the non-defective goods, the severity of the defect and the inconvenience to the transferee associated with the other remedy. MetShape undertakes to perform the remedy or replacement within a reasonable period of time after delivery of the goods by the customer.
- If both the improvement and the replacement are impossible or involve a disproportionately high effort for MetShape, the customer will have the right to claim a price reduction or, if the defect is not minor, the right of rescission. The same applies if MetShape refuses the improvement or replacement or does not carry out the improvement or replacement within a reasonable period of time, if these remedies would cause considerable inconvenience to the client and if they are unreasonable for the client for good reasons.
VIII Liability and compensation
- MetShape is only liable for damages caused intentionally or by gross negligence. Liability for slight negligence is excluded. The client must prove the fault.
- MetShape is in no case liable for the usability of the delivered goods beyond the freedom from defects.
- MetShape's liability for indirect damages, consequential damages, loss of profit, financial losses, damages due to business interruption, as well as damages due to claims of third parties against the customer is excluded.
- Any liability of MetShape is in any case limited to the amount of the agreed remuneration or the purchase price for the respective order. The contracts assumed by MetShape are only accepted with the reservation of this limitation of liability. Any further liability of MetShape is explicitly excluded. If the total damage exceeds the maximum limit, the compensation claims of individual affected parties are reduced proportionally.
- The customer must inform MetShape immediately about discovered defects of the goods and/or the work, otherwise all claims will be lost. Claims for damages are to be asserted in court within six months, otherwise they will expire.
IX Contract withdrawal
- If a delivery/service is not possible for reasons for which the client is responsible, or if a client does not comply with a legal or contractual obligation towards MetShape, MetShape will be entitled to withdraw from the contract.
In this case, the customer must compensate MetShape for all resulting disadvantages and lost profit.
- In case of rescission, MetShape will have the choice, if the customer is at fault, to claim a compensation of 15 % of the gross invoice amount or the compensation of the actually incurred damage.
- In case of delayed payment by the client, MetShape is released from all further service and delivery obligations.
- If the client, without being entitled to do so, withdraws from the contract or requests its cancellation, MetShape will have the choice to insist on the fulfilment of the contract or to agree to the cancellation of the contract. In the latter case, the client is obliged to pay, at MetShape's option, a compensation of 15 % of the gross invoice amount or the actual damage incurred.
X Privacy policy
- The customer gives his consent that the personal data contained in offers, order confirmations and contracts can be stored and processed by MetShape with the help of automation in fulfilment of the contract.
- The client is obliged to inform MetShape about changes of his residential or business address for the time the legal transaction is not completely fulfilled by both parties. If the notification is neglected, declarations are also considered received if they are sent to the last known address.
XI Final provisions
- The client declares that he had the opportunity to take note of the contents of these General Terms and Conditions before the conclusion of the contract and that he agrees with their contents.
- Purchasing or other terms and conditions of business of the client are not valid. These are hereby explicitly contradicted. MetShape states explicitly that they only want to contract based on their GTC. If, in exceptional cases, the application of the GTCs of the customer is agreed upon in writing, their provisions will only apply as far as they do not conflict with these GTCs. Non-conflicting provisions in the GTCs remain in force alongside each other.
- Any changes and additions to these general terms and conditions must be made in writing to be legally effective. This written form requirement can also only be waived in writing. It is noted that there are no subsidiary agreements.
- Should a provision of these GTCs be or become invalid, this has no effect on the validity of the remaining provisions. In this case, invalid provisions are replaced by another, legally effective provision in accordance with their meaning.
- Exclusive place of jurisdiction for all legal disputes between MetShape and its customers is the competent court at MetShape's place of business (Pforzheim, Germany).
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform MetShape GmbH, Tiefenbronnerstraße 59, 75175 Pforzheim, Germany, telephone: +49 7231 3744 183, fax: +49 7231 3744 186, e-mail: info@metshape.de by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, MetShape shall reimburse you all payments received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by MetShape), without undue delay and at the latest within fourteen days from the day on which MetShape received the notification of your withdrawal from this contract. For this repayment, MetShape will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. MetShape may refuse repayment until it has received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to MetShape without undue delay and in any event no later than fourteen days from the day on which you notify MetShape of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).
To: MetShape GmbH, Tiefenbronnerstraße 59, 75175 Pforzheim, Germany, Phone: +49 7231 3744 183, Fax: +49 7231 3744 186, E-Mail: info@metshape.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following
goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
Date
(*) Delete where inapplicable
Special information
The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Furthermore, there is no right of withdrawal for customers who are not consumers. Consumers are natural persons who conclude a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
Data protection information for customers and interested parties
Information on data protection regarding our processing of employee data according to Art. 13, 14 and 21 of the General Data Protection Regulation (DSGVO)
MetShape GmbH
represented by Dr.-Ing. Andreas Baum
Tiefenbronner Straße 59
75175 Pforzheim - Germany
Dear customer, dear interested party, dear contractual partner,
In accordance with the requirements of Articles 13, 14 and 21 of the General Data Protection Regulation (DSGVO), we hereby inform you about the processing of your personal data as well as your rights under data protection law in this regard. Which data is processed in detail and how it is used depends largely on the requested or agreed services. In order to ensure that you are fully informed about the processing of your personal data in the context of the performance of a contract or the implementation of pre-contractual measures, please take note of the following information.
1. Responsible party in the sense of data protection law
MetShape GmbH
vertreten durch Dr.-Ing. Andreas Baum
Tiefenbronner Straße 59
75175 Pforzheim - Germany
Phone: +49 7231 3744 180
E-Mail: datenschutz@metshape.de
URL: www.metshape.de
2. Contact details of our data protection officer
Dr.-Ing. Andreas Baum
Phone: +49 7231 3744 181
E-Mail: andreas.baum@metshape.de
3. Purposes and legal basis of processing
We process your personal data in accordance with the provisions of the European General Data Protection Regulation (DSGVO) and the German Federal Data Protection Act (BDSG), insofar as this is necessary for the establishment, implementation or performance of a contract, as well as for the implementation of pre-contractual measures.
Insofar as personal data is required for the initiation or implementation of a contractual relationship or in the context of the implementation of pre-contractual measures, processing is lawful pursuant to Art. 6 (1) lit. b DSGVO. If you give us express consent to process personal data for specific purposes (e.g., disclosure to third parties, evaluation for marketing purposes, or addressing you by e-mail for advertising purposes), the lawfulness of this processing is based on your consent pursuant to Art. 6 (1) a DSGVO. Consent given can be revoked at any time with effect for the future (see section 9 of this data protection information).
If necessary and legally permissible, we process your data beyond the actual contractual purposes for the fulfillment of legal obligations pursuant to Art. 6 para. 1 lit. c DSGVO. In addition, a processing, if necessary, for the protection of legitimate interests of us or third parties and for the defense and assertion of legal claims pursuant to Art. 6 para. 1 lit. f DSGVO. If necessary, we will inform you separately, stating the legitimate interest, insofar as this is required by law.
4. Categories of personal data
We only process data that is related to the establishment of the contract or the pre-contractual measures. This can be general data about you or persons in your company (name, address, contact details, etc.) as well as, if applicable, other data that you provide to us in the context of the establishment of the contract.
5. Sources of the data
We process personal data that we receive from you or that you provide to us in the context of contacting you or establishing a contractual relationship or in the context of pre-contractual measures.
6. Recipients of the data
We pass on your personal data within our company exclusively to those areas and persons who need this data to fulfill contractual and legal obligations or to implement our legitimate interest. We may transfer your personal data to companies affiliated with us, insofar as this is permissible within the framework of the purposes and legal bases set out in section 3 of this data protection information sheet.
Otherwise, data will only be transferred to recipients outside the company if this is permitted or required by law, if the transfer is necessary for processing and thus fulfilling the contract or, at your request, for carrying out pre-contractual measures, if we have your consent or if we are authorized to provide information. Under these conditions, recipients of personal data may be, for example:
• External tax advisor
• Public bodies and institutions (e.g. public prosecutor's office, police, supervisory authorities, tax office) if there is a legal or official obligation,
• Recipients to whom the transfer is made directly for the purpose of establishing or fulfilling a contract, such as service providers.
7. Transfer to a third country
A transfer to a third country is not intended.
8. Duration of data storage
As far as necessary, we process and store your personal data for the duration of our business relationship or for the fulfillment of contractual purposes. This includes, among other things, the initiation and execution of a contract. In addition, we are subject to various storage and documentation obligations, which result, among other things, from the German Commercial Code (HGB) and the German Fiscal Code (AO).
The periods prescribed there for storage or documentation are two to ten years. Finally, the storage period also depends on the statutory limitation periods, which, for example, according to §§ 195 ff. of the German Civil Code (BGB), are generally three years, but in certain cases can be up to thirty years.
9. Your rights
Every data subject has the right to information according to Art. 15 DSGVO, the right to rectification according to Art. 16 DSGVO, the right to erasure according to Art. 17 DSGVO, the right to restriction of the processing under Article 18 DSGVO, the right to notification under Article 19 GDPR and the right to data portability under Article 20 DSGVO.
In addition, you have the right to lodge a complaint with a data protection supervisory authority pursuant to Art. 77 DSGVO if you believe that the processing of your personal data is not lawful. The right of appeal is without prejudice to any other administrative or judicial remedy.If the processing of data is based on your consent, you are entitled to revoke your consent to the use of your personal data at any time in accordance with Art. 7 DSGVO. Please note that the revocation is only effective for the future. Processing that took place before the revocation is not affected. Please also note that we may have to retain certain data for a certain period of time in order to comply with legal requirements (see section 8 of this data protection information).
Right of revocation
Insofar as the processing of your personal data is carried out for the protection of legitimate interests pursuant to Art. 6 (1) lit. f DSGVO, you have the right, pursuant to Art. 21 DSGVO, to object to the processing of this data at any time for reasons arising from your particular situation. We will then no longer process this personal data unless we can demonstrate compelling legitimate grounds for the processing. These must override your interests, rights and freedoms, or the processing must serve the assertion, exercise or defense of legal claims.
In individual cases, we process your personal data to conduct direct marketing. You have the right to object at any time to processing for the purpose of such advertising. This also applies to profiling, insofar as it is related to such direct advertising. If you object to processing for the purpose of direct advertising, we will no longer process your personal data for this purpose.
To exercise your right, please feel free to contact us.
10. Necessity of the provision of personal data
The provision of personal data for the decision on the conclusion of a contract, the performance of a contract or for the implementation of pre-contractual measures is voluntary. However, we can only make a decision in the context of contractual measures if you provide such personal data that is necessary for the conclusion of a contract, the performance of a contract or pre-contractual measures.
11. Automated decision making
Since the decision about your contractual relationship is not based exclusively on automated processing, no automated decision in individual cases within the meaning of Article 22 DSGVO takes place.