valid from 26.02.2020
Our General Terms and Conditions, as listed below, apply exclusively to all business transactions conducted with us. Differing general terms and conditions of our business partners are non-binding for us, even if we have not explicitly objected to them.
- The type and scope of delivery shall be determined exclusively after our order confirmation. The delivery shall be ex works.
- Any agreed delivery period begins on the day our written order confirmation is received by the business partner.
- If the terms of the contract change after the contract has been concluded, the agreed delivery periods are no longer binding.
- Agreed delivery periods shall not apply if the deadline cannot be met or cannot be met on time due to circumstances for which we are not responsible. This is particularly in case of force majeure and events that make delivery conditions difficult or impossible, in particular lack of personnel, lack of means of transport or official directive. In this case, our business partner has the right to withdraw from the contract after setting a period of 1 month from the date of notification. In this case, we are no longer obliged to perform the service, and further claims of our business partner are excluded.
- Partial deliveries are permitted, in particular, within the tolerances specified under IX
- The business partner may not refuse acceptance due to insignificant defects.
III. Shipping, transport, packaging
If goods are shipped at the business partner’s request, the transport risk is transferred to the business partner as soon as we have handed over the goods to the agent responsible for carrying out the transport. We shall assign any claims for damages against the latter to the business partner at its request.
Transport and packaging costs will be specified separately. All shipments are only insured if the business partner expressly requests this; the business partner shall then be additionally charged for the insurance costs.
The price stated in our order confirmation shall apply. All prices are to be understood as in euros ex works or warehouse, excluding the statutory value-added tax if applicable. For transactions with entrepreneurs, we are entitled to request a corresponding price increase up until the day of delivery in the event of cost changes of more than 5%. This is particularly true in the event of increases in material or labour costs or fluctuations in the prices of raw materials, fluctuations in energy prices, relevant statutory increases, or fluctuations in staff. Subsequent changes to orders by the business partner shall be separately invoiced again in accordance with the resulting expenditure.
Our receivables are due, without any deductions, immediately upon the business partner receiving our invoice. Agreements on early payment discounts are only valid if we have confirmed them in text form.
In the event of payment arrears, we are entitled to charge interest at a rate of 8 percentage points above the applicable base rate. We are also entitled to claim proven higher damages. In this event, our business partner is entitled to prove that damage has not occurred, or has occurred only to a lesser extent. We charge € 10.00 for each reminder.
Offsetting is excluded, unless the claim for offsetting is undisputed or has been established by a court of law.
VI. Liability for material defects
We are liable for material defects with respect to the goods we supply if they are not useable as contractually agreed, or if their contractually agreed useability is significantly restricted due to defects.
The liability period for material defects is two years from the delivery date in the case of delivery of new goods, and one year, in the case of repair services or other services. The business part-ner must report any material defects immediately. Obvious defects are to be reported within 8 days of receipt of the goods, and non-obvious defects, no later than two months after receipt of the goods.
If these deadlines are not met, all claims against us for material defects shall be excluded.
If there is a proven material defect, we will choose whether to either rectify the problem or deliver a replacement. If two attempts to repair or replace the delivery fail, our business partner can choose to reduce its payment (reduction) or cancel the contract (rescission). In the event of a justified notice of material defects, we will bear all expenses related to the handling of the complaint.
Claims for material defects against us are excluded if defects are demonstrably attributable to the fact that:
- goods we have delivered were not used in accordance with the purpose of the contract;
- the user of the goods has not checked whether the product is suitable for the user’s intended use of it, whereby this check must be performed and verified by our business partner; or
- goods we have delivered have been improperly handled or stored by our business partner or by third parties it has commissioned.
Despite careful selection of recycled materials, there may be fluctuations depending on the batch, particularly with respect to regenerated foils and recycled paper. These fluctuations can occur with respect to surface quality, colour, purity, smell or physical values. These types of deviations do not entitle our business partner to make a claim for a defect. However, we undertake to assign any warranty or damage claims of our suppliers to our business partner.
Claims for material defects also do not exist if they pertain to deviations within the tolerances (IX).
VII. Liability for damages
We are liable towards our business partners for compensation of damages if we or our vicarious agents act with intent or gross negligence, if characteristics have been guaranteed in text form or if guarantees have been given, or if the damage has been culpably caused by us due to delay or due to an impossibility of performance for which we are responsible. We are also liable in the event of a breach of fundamental contractual obligations (cardinal obligations). We are also liable pursuant to the statutory provisions of the Product Liability Act (ProdHaftG).
Our liability for damages is limited to typical damage foreseeable at the time the contract was concluded.
In all other respects, claims for damages against us are excluded.
The limitation of liability or exclusion of liability does not apply to physical damage that we have culpably caused.
VIII. Retention of title
Our goods are delivered subject to retention of title until the invoice is completely paid. Our reten-tion of title applies until all claims arising from the business relationship have been met, including future and contingent claims. Goods subject to retention of title must be kept separate from other stocks and marked as our property.
Our customer is entitled to resell the reserved goods in the ordinary course of business, but not to assign them as security or to pledge them. Our business partner undertakes to inform us immediately in the event of any intervention by third parties, in particular, by means of seizures. Our business partner’s claims against third parties that arise from resale shall be assigned to us in full, and, in the case of further processing, this shall include the refined component. We hereby accept this assignment.
Our business partner has the revocable right to collect these claims itse
We will not disclose the assignment of claims unless our business partner is at least two weeks late with a payment or its economic conditions have deteriorated, especially in the event of foreclosure or insolvency proceedings or corresponding applications. If we revoke the authorisation to collect claims, our business partner is obliged to immediately notify its customers of the assignment on its own initiative and to provide us with its complete list of accounts receivable. In this case, we have the right to inspect our customer’s books immediately.
If goods subject to retention of title are taken back, we shall issue a credit note in the amount of the daily value less 20% of the original invoice value to compensate for expenses, in particular transport, packaging and remarketing.
If the value of all securities existing for us exceeds our claims by more than 10% on a sustained basis, we will at our discretion release securities to a corresponding extent at the business partner’s request.
Our business partner shall tolerate weight-, dimensions-, quantity-, colour and design deviations in accordance with the following tolerance specifications:
1. Weight deviations
- Paper in relation to the agreed basis weight:
- up to 39 g/m2 +/- 8 %
- 40 – 59 g/m2 +/- 6 %
- 60 and more, g/m2 +/- 5 %
- Plastic foils in relation to the agreed thickness:
- less than 15 µm +/- 20 %
- from 15 µm – 25 µm +/- 15 %
- more than 25 µm +/- 10 %
2. Deviations in dimensions
- Paper and paper combinations Bags:
- in length, +/- 4 mm
- in width, for bag widths less than 80 mm, +/- 3%
- in width, for bag widths of 80 mm or greater, +/- 2%
- in width and in section length, +/- 3 mm
- in roll length, +/- 3%
- in length, +/- 5 mm
- in width, +/- 5 mm
- The deviation of dimensions for the materials mentioned under 2.1. to 2.3. also apply to the position of the print and to the punching and embossing on these materials. For the bags mentioned under 2.1. a dimensional deviation of +/- 4 mm for bag widths over 80 mm and +/- 3 mm for bag widths of 80 mm and less applies to the position of the print and to the punching and embossing in the width. Register fluctuations in printed products cannot be avoided for technical reasons, as they depend on the material, the design and the printing process.
We have the right to deliver more or less than 20% of the ordered quantity for all deliveries. In the case of sales by quantity of less than 50,000 units and in the case of collective print runs with print changes within the print run, and in the case of sales by weight of less than 500 kg, deviations of up to 30% are permissible. The actual delivery quantities are calculated.
Minor, technically unavoidable deviations in color do not constitute a defect. This also applies to deviations customary in the trade, unless the seller has defined and declared a sample-compliant delivery in a writing form.
Minor, technically unavoidable deviations in the design do not constitute a defect. This also applies to deviations customary in the trade, unless the seller has defined and declared a sample-based delivery in a writing form.
The products are executed and delivered using material that is customary in the industry and known manufacturing processes. If the product we deliver is required to fulfil special characteristics, our business partner must expressly provide notification of this requirement in writing, providing a precise definition. In this case, we must have the option of concluding corresponding agreements with our suppliers
We undertake to store printed documents, printing plates and other material for three years from the time of delivery. After this period, we are entitled to destroy and dispose all documents.
XII. Property rights and copyrights
We fully reserve our property rights and copyrights to offers, cost estimates, drawings, manufacturing documents, plans and execution documents. Our business partners are only permitted to use these documents or to disclose them to third parties with our express written consent.
Upon our request, these documents must be returned to us immediately.
XIII. General provisions
The exclusive place of performance is Radbruch. The exclusive place of jurisdiction is Lüneburg.
No verbal ancillary agreements or arrangements have been concluded. Agreements only apply if they are confirmed in text form or in written form; this also applies to any dispensation with these forms. German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.