These Terms and Conditions shall apply exclusively to entrepreneurs within the meaning of § 14 German Civil Code (BGB).
We supply exclusively unfilled packaging products.
Any conflicting or deviating terms of the customer shall not apply unless expressly agreed in writing.
These Terms shall also apply to all future transactions with the customer.
All offers are non-binding and subject to change unless expressly stated otherwise.
A contract shall only be concluded upon our written order confirmation.
Technical modifications as well as customary deviations in colour and dimensions shall be permitted provided that usability is not materially impaired.
Amendments and supplements require text form (e.g. email).
All prices are net prices ex works plus applicable statutory VAT.
Payment terms:
– 2% discount for payment within 14 days; or
– 30 days net.
For new customers, advance payment may be required subject to credit assessment.
In the event of late payment, statutory default interest applicable to commercial transactions shall apply.
Set-off or retention rights are only permitted with undisputed or legally established claims.
If, after conclusion of the contract, circumstances become known which substantially reduce the customer's creditworthiness, we are entitled to perform outstanding deliveries only against advance payment or security.
If delivery takes place more than four months after conclusion of the contract and costs relevant to pricing — in particular for raw materials, energy or transport — increase by more than 5% after contract conclusion, we shall be entitled to adjust the agreed price proportionally to the cost increase.
If the price increase exceeds 10% of the originally agreed net purchase price, the customer shall be entitled to withdraw from the contract.
Delivery shall be made ex works.
If shipment is agreed, the risk shall pass to the customer upon handover of the goods to the carrier or freight forwarder.
Shipping costs shall be invoiced separately.
Transport insurance shall be taken out by us in our own name; this shall not affect the transfer of risk.
In the event of damage, any claims against the transport insurer shall be assigned to the customer.
Delivery dates are non-binding unless expressly agreed in writing as binding.
Partial deliveries are permitted.
If the customer is in default of acceptance, the risk shall pass to the customer.
We shall be entitled to charge storage costs amounting to 0.25% of the invoice amount per commenced week. The right to prove higher or lower damages remains unaffected.
We shall not be liable for delays or impossibility of
performance caused by force majeure or other unforeseeable
events beyond our control (e.g. shortages of raw materials,
energy supply disruptions, strikes, governmental measures, or
supply failures by upstream suppliers).
In such cases, delivery periods shall be extended
appropriately. If the impediment lasts longer than three
months, either party may withdraw from the contract.
The customer must inspect the goods without undue delay.
Obvious defects must be notified in writing within 7 working days.
The warranty period shall be 12 months from transfer of risk.
In the event of justified defects, we shall, at our discretion, provide subsequent performance (repair or replacement).
Customary colour deviations, material-related characteristics and industry-standard tolerances shall not constitute defects.
No warranty shall apply to damage resulting from improper processing, filling or use by the customer.
We shall be liable without limitation in cases of intent, gross negligence, injury to life, body or health.
In cases of slight negligence, liability shall be limited to breaches of essential contractual obligations and to foreseeable, typical damages.
In cases of slight negligence, liability per claim shall be limited to EUR 10 million.
Liability for indirect damages, loss of profit or production downtime is excluded.
Mandatory statutory liability provisions remain unaffected.
The delivered goods shall remain our property until full payment of all claims arising from the business relationship.
The customer is entitled to resell the reserved goods in the ordinary course of business.
The customer hereby assigns to us, already now, all claims arising from such resale in the amount of the invoice value.
The customer shall inform us immediately of any third-party access to the reserved goods.
We supply exclusively unfilled packaging products.
The customer shall be solely responsible for compliance with
all applicable packaging regulations once the packaging is
filled with goods and placed on the market.
German law shall apply exclusively.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
Place of jurisdiction shall be Münster, Germany, provided the customer is a merchant.
These Terms and Conditions are drawn up in German, English and
French.
In the event of discrepancies, the German version shall
prevail.