General terms and conditions for merchants and legal entities according to §24 General Terms and Conditions Act
1.1 Our offers are non-binding. All contracts, changes and
Additions are only legally effective with our written confirmation. The confirmations can also have the same effect with
the invoice as "order confirmation and invoice" on one
Form be connected. Deviating conditions of the buyer or
other contractual partners only apply if they are from our
Management expressly recognized in a special letter
1.2 Our terms and conditions are also valid from the beginning
Business relationships are binding for all future business, according to
which the buyer or other contractual partners receive it for the first time
1.3 Should individual provisions of our business relationship be ineffective,
be impracticable or incomplete, so come ours
Contract intent closest to coming, effective, feasible
and full provisions in their place. The effectiveness of the remaining terms and conditions remains unaffected.
2.1 Our prices are net prices plus the statutory value added tax applicable on the day of delivery. They are ex warehouse including packaging and loading costs. Any
Return transport costs are borne by the customer.
3. Packaging, dispatch, transfer of risk
3.1 Unless otherwise agreed, we can use packaging and shipping methods
choose according to your best judgment.
3.2 In the case of freight-free delivery, the risk also applies when you leave the
Supplier or branch to the purchaser. At from
Delays caused or for which the customer is responsible shall take place
Transfer of risk with notification of readiness for dispatch.
3.3 Upon written request by the customer, the goods will be delivered at his own expense
Insured against storage, breakage, transport and fire damage.
4 delivery and acceptance obligations
4.1 Only the express order confirmation is decisive for delivery times. A fixed trade deal is only present when it is literally with this
Designation is confirmed by our management. The delivery time applies
with notification of readiness for dispatch as complied with if the
Dispatch is impossible through no fault of ours.
4.2. Events of force majeure with us or one of our sub-suppliers
extend the delivery time appropriately. This also applies to official
Interventions, energy and raw material supply difficulties, strikes,
Lockouts and unpredictable delivery difficulties. We will
Keep impairments to the customer as low as possible.
4.3. If a customer proves to us that we are following an agreed delivery period
have not complied with their own fault, the customer is after
Expiry of a reasonable grace period, excluding further
Claims entitle to withdraw from the contract or a
To claim compensation for delay if he is notified of the grace period
has refused our service in the event that the grace period is exceeded.
The compensation for delay is for each full week of delay
1/2%, in total a maximum of 5% of the net invoice price of the non-contractual delivery. Appropriate partial deliveries are permitted
as well as technical and specially manufactured, printed or with a
Embossed articles deviations from the confirmed
Orders of ± 20%.
4.4. Unless larger tolerances have to be claimed for certain products, tolerances remain for thickness and weight
the GKV test and evaluation clause in the latest version reserved. This applies to all of our products made from plastic films. As well
There remains a tolerance in length and width of ± 5%, but at least 10
5. Retention of title
5.1. The deliveries remain our property until all of us have fulfilled them
claims against the customer, even if the purchase price
has been paid for specially designated claims. With running
The retention of title to the deliveries applies to the invoice
(Reserved goods) as security for our balance invoice.
5.2. Editing and processing by the customer is excluded
of the acquisition of property according to §950 BGB on our behalf. We stay
Owner of the resulting item, which is to be used as reserved goods
Securing our claims acc. Section 5.1., Serves.
5.3. In the case of processing (connection / mixing) with others, not us
belonging goods by the customer, the provisions of §§ apply
947, 948 BGB with the result that our sole ownership or joint ownership
on the new thing now reserved goods in the sense of this
5.4. As far as the above provisions to maintain our
Ownership is not sufficient, the transfer of ownership to us also applies
Constitution of possession as agreed. The customer / processor only owns as
5.5. The resale of the reserved goods or the security property
is only available to the customer in normal business dealings under the
Condition allows that he also has one with his customers
Retention of title or transfer by way of security acc. 5.1 to 5.4. agreed. For other dispositions of the reserved goods, in particular
The customer is not entitled to pledge or transfer by way of security.
5.6. In the event of a resale, the customer hereby steps in now
until all of our claims have been met
Resale arising claims and other claims
against his customers with all ancillary rights to us. On our
Upon request, the customer is obliged to give us all information and
Handing over documents that enable us to assert our rights
are necessary for the customer's customers.
5.7. If the reserved goods are processed by the customer in accordance with 5.2.
and / or 5.3. resold together with other goods not belonging to us, the assignment of the purchase price claim applies in accordance with 5.6. only in
Amount of the legal value of our reserved goods.
5.8. If the value of the securities existing for us exceeds ours
Total claims of more than 20%, we are at the request of the
The customer is obliged to release backups of our choice.
5.9. Seizure or confiscation of the reserved goods by third parties
must be reported to us immediately. Intervention costs arising from this are borne by the customer.
5.10. If, in accordance with the above provisions, we are subject to our
Retention of title by taking back the goods subject to retention of title
we are entitled to sell the goods privately or to have them auctioned. The reserved goods are taken back at the same time
proceeds achieved, at most at the agreed delivery prices.
We reserve the right to make further claims for damages, in particular for lost profit
6. Payment terms
6.1. All invoices are due and payable net cash 30 days after
Date of invoice.
6.2. If the payment dates are exceeded, interest of 7%
calculated above the respective Bundesbank discount rate, unless the
statutory interest is higher or we do not have higher borrowing interest or
Prove investment interest.
6.3. Bills of exchange are not accepted at all and checks are only accepted on account of performance, all associated costs are borne by the
Orderer. Offsetting, refusal of performance or assertion
a right of retention based on what we disputed
Counterclaims by the customer are not permitted.
6.4. Failure to comply with payment terms or circumstances affecting the
Are suitable to reduce the creditworthiness of the customer
Immediate maturity of all our claims. Furthermore
we are entitled to make advance payments for outstanding deliveries
to demand and to withdraw from the contract after a reasonable grace period or to claim damages for non-performance, furthermore to prohibit the customer from reselling the goods and to get back the goods that have not yet been paid for at his own expense.
7. Liability for defects and incorrect delivery
7.1. Complaints about defective or incorrect delivery are to be made immediately,
no later than 1 week after receipt of the delivery
do. In the case of hidden defects, the point in time when they are discovered occurs
the place of receipt of delivery. After 3 months from the date
of incoming goods, complaints are excluded.
7.2. In the case of a justified complaint - whereby for quality and execution the
any sample approved by the customer are decisive
we choose to repair or free of charge
Replacement delivery obliged. Let's not meet these obligations
within a reasonable period of time, the customer is entitled to
Declaration of reduction, rescission or withdrawal from the contract.
Further claims are, as far as legally permissible, excluded. Replaced parts are to be returned to us freight collect on request.
8. Property Rights
8.1. The customer is liable to us for the freedom of the commissioned
Deliveries and services from property rights of third parties provided to us by all
corresponding claims and has us the damage incurred
8.2. Our drafts and construction proposals are only allowed to work with ours
Approval to be passed on.
8.3. Your company's data is stored on our computer.
They are used exclusively for business dealings with your company.
9. Place of performance and jurisdiction
9.1. Place of fulfillment and place of jurisdiction is Montabaur also for documents,
Bill of exchange and check processes.