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Progress Packaging - AGB

GENERAL TERMS AND CONDITIONS OF BUSINESS AND SALE

SCOPE

The following terms and conditions apply to all customer orders. Deviating, conflicting or supplementary general terms and conditions shall not become part of the contract unless their validity is expressly agreed in writing. The form reference to terms and conditions of the customer is expressly contradicted.

PRICE OFFERS

Price offers are subject to change based on current wages, material and paper costs ex supplier and excluding packaging. In the event of an increase in these costs, the Seller shall be entitled to increase the price by a reasonable amount in accordance with the cost increases until delivery if there are more than 4 months between the conclusion of the contract and the agreed delivery date. This applies in particular to framework/installment delivery contracts. In this case, the buyer is not entitled to withdraw from the contract.

CONTRACT

The conclusion of the contract on the part of the seller is subject to the availability of the goods, in particular subject to the correct and timely delivery by the suppliers. Insofar as the Seller does not receive the object of purchase or does not receive it on time, he shall inform the Buyer of this without delay and reimburse any purchase price payments already made. The liability of the seller for own intent or negligence remains unaffected.

PRICES AND SHIPPING COSTS

The prices quoted by the Seller are net prices for delivery ex works, increased by the applicable statutory value added tax. The costs for transport, insurance and export shall be borne by the Buyer. Deviating agreements must be made in writing.

DELIVERIES

The ordered goods will be delivered by the seller as soon as possible. Partial deliveries are permissible, as far as they are reasonable for the buyer. Deliveries are made for the account and at the risk of the buyer. In the event of default in acceptance, storage charges of a reasonable amount, but at least 1% of the value of the goods per month, shall be deemed to have been agreed. Copyright, trademark protection and reproduction rights shall in any case remain with the Seller. The Buyer shall bear full responsibility for the infringement of copyrights, trademark rights and reproduction rights and shall indemnify and hold the Seller harmless in the event of a claim. The Seller shall not be obliged to make inquiries about copyright conditions.

DEVIATIONS IN DIMENSIONS, WEIGHTS AND QUANTITIES

For all products made of solid and corrugated cardboard, the internal dimensions (length x width x height) in millimeters shall be deemed agreed in case of doubt. Minor deviations in dimensions, color nuances or format do not entitle the customer to complain about defects and do not constitute a material defect. Complaints of any kind must be made in writing to be effective. The customary weight deviations of 10% upwards or downwards as well as excess and short deliveries when ordering the following quantities cannot be complained about:

- up to 500 pieces 30

- up to 2.000 pieces 20

- up to 5.000 pieces 15 %

- up to 5.000 pieces 10 %

DUPLICATING MEANS

Reproduction means of any kind such as cutting dies, printing plates, lithographs, printing plates and tools remain the inalienable property of the seller, even if the production costs are borne in whole or in part by the buyer. Claims for restitution by the purchaser are therefore excluded.

MAINTENANCE

The seller does not assume any liability from custody agreements with regard to the takeover of manuscripts, originals, printing plates, printing documents and the like.

OPERATING TROUBLESHOOTING

Cases of force majeure as well as strikes, lock-outs, untimely supply with the material required for the processing of the order and the like shall initially lead to an extension of the delivery periods and, if necessary, release the Seller from its delivery obligation; in this case, the Buyer shall not be entitled to withdraw from the order.

CLAIMS FOR DAMAGES

The Seller shall be liable in full for its own intent and gross negligence and that of its employees. In principle, the Seller shall be liable for any culpable breach of material contractual obligations and outside such for gross negligence on the part of its vicarious agents, whereby the amount of the liability for damages shall be limited to compensation for typical foreseeable damage. Otherwise, claims for damages against the user are excluded.

IMPRINT

The Seller is entitled to apply company names and brand names to the printed materials and products to be executed even without the Buyer's special consent.

RETENTION OF TITLE

All deliveries of goods remain the property of the seller until full payment of all claims. Deliveries are made at the risk of the buyer.

BUYER'S DUTY TO GIVE NOTICE OF DEFECTS

The buyer is obliged to notify the seller in writing of obvious material defects and defects of title within 10 days after receipt of the goods. It is sufficient to send the notification within this period. The defects are to be described as detailed as possible for the buyer.

THIRD PARTY TRADEMARK RIGHTS

The purchaser shall indemnify the seller against third party trademark rights insofar as the purchaser wishes a trademark to be printed on the ordered goods. The seller is entitled to provide the goods with company names, product and brand names.

WARRANTY

The warranty claims of the purchaser are initially limited to a right to rectification or replacement delivery. If rectification of defects or replacement delivery fail, the purchaser shall be entitled to reduce the purchase price or to withdraw from the contract. Claims for damages remain unaffected. Warranty claims shall not exist in case of insignificant deviation from the agreed quality or in case of only insignificant impairment of usability.

LIABILITY

Liability for damages caused by simple negligence on the part of the seller or his vicarious agents is excluded. This shall not apply in the event of a breach of material contractual obligations, in the event of damage resulting from injury to life, limb or health and insofar as claims under the Product Liability Act are affected. In the event of a breach of material contractual obligations, liability in cases of ordinary negligence shall be limited to the damage typically associated with the contract and foreseeable. Claims for damages arising from delay or proven claims for reimbursement of expenses in accordance with § 284 BGB are limited to 5% of the purchase price.

JURISDICTION AGREEMENT

The legal relationship between the parties shall be governed exclusively by the laws of the Federal Republic of Germany. The place of jurisdiction is Regensburg, insofar as the contractual partner of the seller is a merchant in the sense of §§ 1 ff. German Commercial Code (Handelsgesetzbuch).

SEVERABILITY CLAUSE

Should individual provisions of the contract with the Buyer, including these General Terms and Conditions of Sale, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The whole or part of the ineffective provision shall be replaced by a provision whose economic success comes as close as possible to that of the ineffective provision.

Status 01.11.2018

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