General terms and conditions for entrepreneurs - 2017 edition
The following terms and conditions are part of the contract of all sales transactions of the seller. They also apply in particular to future and verbally concluded contracts.
Deviating provisions, above all purchase conditions of the buyer, become part of the contract only if this has been expressly agreed in writing.
1. Binding to order
Seller's offers are non-binding in all respects and represent only an invitation to submit an offer. If the seller is silent on such an offer, this silence shall not be considered
as acceptance. The seller is entitled to accept or reject such an offer within a period of 14 days from receipt.
Patterns are made by hand. Commercially customary, customary and insignificant deviations (eg material, condition, dimension, design, color, thickness, weight, etc.)
compared to the machine-made deliveries do not constitute a material defect within the meaning of §434 BGB, since the pattern in these cases for
the ordinary Use suitable and has a condition that the buyer can expect the nature of the thing. The seller is not liable in this respect.
3. purchase price
The calculation is based on the price valid on the day of delivery, unless a different price has been agreed in writing. Fixed prices, especially for framework orders,
require express written agreement. Basically, the bullish and bearish clause applies. Conditions of the buyer are only recognized after written
confirmation. Our prices are ex warehouse excluding VAT, disposal / license fees, freight and packaging.
4. Transfer of risk
Place of performance is the registered office of the seller. By leaving the sold item of the business and storage rooms of the seller, the risk of loss and deterioration
passes to the buyer. From then on, he bears any burdens of the matter. The same applies in the event that the seller sends the sold item at the request
of the buyer - possibly also free house - to a place other than the aforementioned place of performance. If the dispatch of the goods is delayed for a reason which
the seller is not responsible for, the risk shall pass to the buyer upon notification of readiness for shipment. The same applies if the seller makes use of
a right of retention to which he is entitled or raises the objection of the contract which has not been fulfilled. If the sold object is handed over to the buyer in the
business and storage areas of the seller, then this time is considered to be a risk and a transfer of the burden. For cash sales, the order day is the same
as the delivery and collection day.
5. Delivery time
Agreed delivery dates are not binding, unless otherwise expressly stated in the written order confirmation. If a delivery period has been bindingly agreed, this period
shall be extended appropriately in the event of force majeure (traffic stalls and hindrances, lack of means of transport, strikes, war). If a non-binding
delivery period is exceeded by more than four weeks, the buyer is entitled to withdraw from the contract in accordance with § 323 BGB after the expiry of a written
grace period of 14 days. At the same time any possible claims for damages of the buyer according to §§ 325, 281,280 BGB are excluded in all cases.
This does not apply to liability, for damages resulting from injury to life, limb or health, insofar as they are based on a negligent breach of duty by the user or a willful
or negligent breach of duty by a legal representative or vicarious agent of the user. Furthermore, this does not apply if a liability for other damages
would be given, which is based on a grossly negligent breach of duty by the user or on an intentional or grossly negligent breach of duty by a legal representative
or vicarious agent of the user.
6. Acceptance refusal and right of withdrawal
If the buyer refuses the acceptance of the goods and thus gets into debtor default, the seller can set a reasonable period of at least 14 days for acceptance.
If the buyer has not accepted the goods within the period set, the seller can, without prejudice to his claim for performance, claim the buyer for damages or
withdraw from the contract. Incidentally, the seller may also forfeit his obligation to perform (rescission reservation) if this is justified by a worthy interest of the seller.
This is especially true if the buyer behaves contrary to the contract, although he was warned in this regard or he was set a period for performance or
subsequent performance, further, if the buyer makes false statements about his creditworthiness to the seller. Performance obstacles in the area of the seller grant
this also a right of withdrawal. In this respect, the seller undertakes to inform the buyer immediately, ie without culpable hesitation, about the
unavailability and to reimburse immediately any compensation received.
6 a. Special conditions for master orders
Blanket orders are to be accepted within the agreed acceptance period. Blanket orders without explicitly agreed acceptance deadlines shall be accepted within a
fictitious acceptance period of three months, starting from the order date. The seller undertakes to notify the buyer in writing of the end of this
acceptance period at the latest one week before the expiry of the deadline. After exceeding the agreed or fictitious acceptance period, the seller is entitled to deliver
the goods still in stock against calculation, whereby the payment has to be made purely net cash. If the goods remain after the decision of the
seller after expiry of the agreed or fictitious acceptance period in stock, he is entitled to demand compensation for the resulting damage in full. The seller is
expressly free to hand over the goods to a freight forwarder for storage. The resulting costs are also a loss.
7. Quality, size, quantity and type of execution
The seller is not liable for minor counting errors or read-off defects as well as weight loss or other changes in the condition of the goods, from the time of loading.
In the production of a relatively small number of defective goods technically unavoidable and a share up to 3% of the total amount is not objectionable.
7 a. Special conditions for plastic products
Buyers and sellers submit to the GKV test and evaluation clause issued by Fachverband Verpackung und Verpackungsfolien im GKV in the version valid at the time
of purchase, but with the following proviso. For custom-made products, the seller reserves the right to over- or under-deliver the quantity ordered and
calculate the actual delivery quantity. The surplus or shortage amount can amount to 20% for unprinted goods, for all orders under 100 kg to 25%, both in terms of
the total closing quantity and with respect to each individual part delivery.
7 b. Special conditions for corrugated board products
Slight deviations in the dimensions that occur due to the nature of the corrugated board and its processing, are considered as agreed quality with the result that no
material defect in the sense of § 434 BGB is present. For corrugated cardboard products, the technical guidelines and standards developed by the
German corrugated boards industry association in Darmstadt in the version valid at the time of purchase apply. The following can not be criticized: commercial
weight deviations of 5% up and down as well as excess or short deliveries of: 30% for deliveries up to 500 pieces, 20% for deliveries up to 2500 pieces,
15% for deliveries up to 5000 pieces, 10 % on delivery over 5000 pieces
7 c. Special conditions for printed matter
Excess or short deliveries of up to 25%, color deviations, technically necessary changes in the printing stand as well as other production-related deviations are
unavoidable and can not be objected to.
7 d. Tools / Clichés / Print templates etc.
Unless otherwise agreed, the following applies: Only the pure production costs are charged, therefore the owner remains the supplier. After two years without use,
tools / clichés / print templates, etc. are destroyed or can be collected from the supplier against payment of the costs. Offset plates are disposable
plates and are newly created with every order.
8. Terms of payment
Invoices with an amount of less than EUR 50, - are payable immediately net. Arbitrary discounts are not recognized. Payment terms are shown on the invoices.
Incidental costs (such as tools, printing preparation, cliché, rent, freight, etc.) are payable immediately net.
9. Late payment
Delay occurs 14 days after receipt of the invoice and the net payment date indicated. The buyer undertakes to pay dunning fees of EUR 10.00 per dunning
procedure. The seller may demand higher than statutory interest for any other legal reason. The assertion of further damages remains expressly reserved.
In the case of suspension of payment or the submission of an application for opening of insolvency proceedings by the buyer, the seller is entitled to demand
advance payment or security.
10 a. Sachmangelhaftung
Insofar as the goods delivered by the seller show a material defect, the buyer's rights are limited to supplementary performance within the meaning of § 439 BGB;
the buyer reserves the right to reduce the purchase price pursuant to § 441 BGB or, at his discretion, to fail if the supplementary performance fails
Contract to resign. If it is a commercial transaction within the meaning of § 377HGB, recognizable defects are to be asserted immediately in writing, otherwise the
goods are considered approved. In addition, the statutory provisions apply.
10 b. Consequential damage
With the exception of the claims under the product liability law, the seller excludes claims for damages. This does not apply to liability for damages resulting from
injury to life, limb or health, insofar as they are based on a negligent breach of duty by the user or a willful or negligent breach of duty by a legal
representative or vicarious agent of the user. Furthermore, this does not apply if a liability for other damages would be given, which is based on a grossly negligent
breach of duty by the user or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, unless
cardinal obligations were violated.
11. Statute of limitations
The buyer's claims for defects acc. § 438 (1) No. 3 and § 634 a (1) No. 3 are subject to a limitation period of one year, beginning with the delivery (delivery) of the
item or the work. Otherwise, the law applies.
12. Retention of title
All deliveries are subject to retention of title. The delivered goods remain the property of the seller until full payment of the purchase price and all other claims of the
seller against the buyer (in case of payment by check or bill of exchange until their redemption). If, in connection with the repayment of the purchase
price, a reciprocal liability for the seller is justified, the retention of title expires only upon the redemption of the bill of exchange by the buyer as a drawee.
When processing the goods, the seller acquires ownership or co-ownership of the new product; in the case of resale, the buyer hereby assigns all his claims
against the purchaser from the resale to the seller for its security.
13. Place of performance and jurisdiction
Place of fulfillment for all deliveries and services is for the buyer as well as seller Grafenrheinfeld. Insofar as both parties are merchants within the meaning of the
German Commercial Code (HGB), the place of jurisdiction for all disputes shall be Schweinfurt, irrespective of the jurisdiction of the court of first instance.
14. Nullity of individual clauses
If individual provisions of these General Terms and Conditions of Business are or become invalid, they shall be replaced by a provision which the parties would have
chosen if the mutual interests were properly weighed, if they had been aware of the ineffectiveness of the General Terms and Conditions. The validity
of the other provisions remains unaffected. The same applies in the event that individual provisions of the General Terms and Conditions of Business and Delivery
are made by written agreement
be amended or supplemented.