General Delivery and Payment Conditions (GDPC)
Document date: 07.05.2020
I. Area of application
- The general terms and conditions listed here apply exclusively to all our offers, deliveries and services and also to all future business with customers where no other express agreements have been made.
- Any modifications to our general terms and conditions made by any customer will not be valid without our formal prior written agreement.
II. Offers and orders
- Our offers are not binding and are without obligation. Unless delivered and billed immediately, all orders do not become legally binding until confirmed by us in writing or by fax / email. Prior written confirmation must be given for any additional, amended or supplementary conditions.
- Subsequent changes to orders – made by the customer – authorise us to alter the contract agreement accordingly where necessary.
- If we become aware of a significant deterioration of assets with reference to § 321 BGB which could endanger our claim to payment, we reserve the right to refuse further obligations until payment has been made or further security has been provided. We reserve the right to withdraw from the contract if the customer refuses to match delivery with payment or provide sufficient security for the payment thereof to a reasonable deadline after it has become known that a deterioration of his assets may jeopardise the contract. All costs thus incurred will be charged to the customer and due immediately.
- Any services due under the contract shall be governed solely by our order confirmation.
Orders will be fulfilled within the boundaries of the technologically necessary tolerances, dependant upon material and manufacturing processes.
- Delivery amount tolerances neutral wares:
Neutral Wares: ± 10%
- Delivery amount tolerances printed wares (pre cut seals):
< 25.000 Stück: ± 30%
from 25.001 to 100.000 Stück: ± 20%
> 100.000 Stück: ± 10%
- Delivery amount tolerances printed wares (reel material):
< 1000m²: ± 20%
> 1000m²: ± 10%
- Quality level tolerances:
reel width: ± 0,5 mm
die cut lids: ± 0,25 mm
format size: ± 1,5 mm
foil thickness: ± 8%
other laminating materials (composite foils): ± 10%
- printing tolerances:
For register printed pre cut seals the tolerance of the print to the outer cutting line is max. ± 0,5mm (for small quantities up to 10.000 pcs ±1,0mm).
IV. Prices and conditions of payment
- The prices listed in our offers are based on calculations made at time of press. Both contract parties agree to renegotiate prices at any time up to delivery if the costs for personnel, materials or other relevant factors should change. All prices are net prices and do not include VAT.
- Subsequent changes to orders will be charged to the customer.
- Invoices and payment are always made in Euros. Other currencies can be agreed upon if the contractor consents before the order has been placed. Payment must be made in such cases in the currency stipulated in the invoice.
- Minimum order charges will be made for orders under 10,000 pcs.
- We dispatch orders to German receiving stations by lorry or by rail as freight. Smaller quantities will be sent by post or with DPD.
- No carriage fee will be made within Germany for orders exceeding EURO 500, – net value.
- If the customer demands express delivery, he will be accountable for any extra charges resulting therefrom.
- If deliveries are delayed or production delayed as a result of vis major, or circumstances beyond our control impede delivery or make it wholly impossible – including difficulties subsequently arising in obtaining materials for production, plant malfunctions, strikes, lockouts, staff shortages, lack of transport facilities, official regulations, also those which affect our suppliers or their sub-contractors – then we will not be bound to meet agreed deadlines as stipulated in the contract. In such cases we are entitled to delay the delivery by the duration of the inhibition plus a reasonable lead time, or to withdraw from part or all of the contract.
- We are entitled to partial shipment of orders.
- In case of late delivery, the customer is entitled to withdraw from the contract only after sending a registered, written time extension for delivery. No damages can be claimed for late delivery. On-call orders must be collected within 12 months. Any orders not collected by this deadline will be delivered after notification, and freight costs charged to the customer.
VI. Formal acceptance and transfer of risk
- The customer binds himself to check and formally accept the goods at the handover location within eight days of pickup notification or other receipt of notification, unless he is temporarily hindered through no fault of his own in doing so.
- If the customer deliberately or through serious negligence does not formally accept the goods within ten days of notification, we will be entitled, having granted a formal time extension of a further ten days, to withdraw from the contract and claim damages. No time extension need be granted if the customer has seriously or conclusively refused to accept the delivery or if he is obviously unable to pay for the goods.
- If the customer refuses to formally accept the goods, the risk of accidental loss or deterioration of the goods is transferred at the moment of refusal, or at the latest in accordance with legal regulations.
- If formal acceptance is not made in accordance with these terms and conditions, any costs resulting therefrom (i.e., costs for storage or third-party storage) shall be charged to the customer.
- All shipments are made at the risk of the customer.
VII. Warranty claims/Damages
- We guarantee the faultlessness of our wares for 12 months after transfer of risk. Delivered goods shall be regarded as fault free if no obvious faults are registered with us within ten days of formal acceptance, or hidden faults within six weeks, or other faults within one year. This does not affect § 377 HGB. No liability shall be accepted for second hand merchandise.
- In the case of complaints, the customer shall allow us to convince ourselves of the fault in question, in particular by producing evidence or samples of the faulty goods in question. The customer – taking reasonable account of his interests – is entitled, if he makes his claim within the given deadlines, solely to subsequent fulfilment or product replacement. If subsequent fulfilment is unduly unreasonable for the customer, the customer can demand the right to withdraw from the contract or demand a reduction in the remuneration. Our liability does not extend to damages.
- Claims for compensation for damages may only be made up to the value of the contracted goods. No liability shall be accepted for any claims for compensation over and above this amount, including liability for indirect damages (loss of profits, covering purchase etc) unless it can be proved that we were deliberately and seriously negligent.
- No liability shall be accepted if the customer has stored the goods incorrectly or inadequately.
VIII. Reservation of proprietary rights
- We retain all proprietary rights for the delivered goods until they have been paid for in full. We also retain our proprietary rights until all demands – including future demands and conditional demands – in the contract between buyer and seller have been fulfilled.
- In cases of breach of contract on the part of the customer, particularly in default of payment, we are entitled to reclaim the goods after due notice has been given. The customer is obliged to surrender the goods under such conditions.
- The customer is not entitled to use the goods as a pledge or as security, but is entitled to resell the reserved goods in the normal course of business. The customer hereby assigns to us all claims arising from any such resale.
- If the customer changes or processes the goods, our proprietary rights extend to all products arising from these changes or processing. The customer acquires joint ownership in a ratio corresponding to the invoice value of the goods.
- The customer binds himself to mark and store separately goods with reserved proprietary rights. He must inform us immediately if a third party gains access to the delivered goods.
IX. Trade marks, trade mark rights, manufacturers labels, tools
- Trade marks and manufacturers labels may not be removed from our products nor altered in any form without prior written agreement.
- Any graphic work that we have made, such as designs or final artwork, remains our intellectual property. Such work may not be passed on to third parties without our express and written consent. Cutting tools, printing plates, stamp rollers and print rollers remain our property, even if the customer pays a share of the cost for these.
- We reserve the right to take out of service any tools that have not been used for more than 12 months.
X. Place of performance and jurisdiction, applicable law
- Place of performance is the place from whence the deliveries were dispatched.
- Place of jurisdiction for all disputes arising from the contract is the court responsible for our headquarters. We also reserve the right to take legal action in the court responsible for the headquarters of our customer.
- Even if the customer’s headquarters are located abroad, German law shall apply exclusively, to the exclusion of laws for international sale of goods.