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 has been expressly agreed in writing. The customer's reference to the customer's terms and conditions in the form is expressly contradicted.
Price quotations are subject to change without notice due to current wages, material and paper costs ex supplier and excluding packaging. If these costs are increased, the seller shall be entitled to increase the price until delivery in accordance with the increase in costs if there are more than 4 months between the conclusion of the contract and the agreed delivery date. This applies in particular to framework/instalment delivery contracts. In this case the buyer is not entitled to withdraw from the contract.
The contract shall be concluded by the seller with the reservation of the availability of the goods, in particular with the reservation of correct and timely self-delivery by the suppliers. If the seller does not receive the object of purchase or does not receive it on time, he shall inform the buyer immediately and reimburse any purchase price payments already made. The liability of the seller for his own intent or negligence remains unaffected.
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 paid by the buyer. Differing agreements must be made in writing.
The ordered goods will be delivered by the seller as soon as possible. Partial deliveries are permitted as long as they are reasonable for the buyer. Deliveries shall be made at the expense and risk of the buyer. In the event of default in acceptance, storage charges of an appropriate amount, but at least 1% of the value of the goods per month, shall be deemed agreed. Copyrights, trademark protection and reproduction rights remain with the seller in any case. The buyer shall bear full responsibility for the infringement of copyrights, trademark protection and reproduction rights and shall keep the seller harmless and indemnified in the event of claims. The seller is not obliged to obtain information about copyright conditions.
In case of doubt, the inner dimensions (length x width x height) in millimetres are considered to be combined for all products made of solid and corrugated board. Minor deviations in dimensions, colour nuances or format do not entitle the customer to make a complaint and do not constitute a material defect. Complaints of any kind require the written form in order to be effective. The customary weight deviations of 10% upwards or downwards as well as excess or short deliveries when ordering the following quantities cannot be complained about:
Reproduction means of any kind such as cutting moulds, printing plates, lithographs, printing plates and tools remain the inalienable property of the seller, even if the manufacturing costs are fully or partially carried by the buyer. The buyer's claims for return are therefore excluded.
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.
The buyer is obliged to inform the seller in written form of obvious material defects and defects of title within 10 days after receipt of the goods. The dispatch of the notification within the period is sufficient. The defects are to be described in as much detail as possible to the buyer.
The buyer indemnifies the seller from trademark rights of third parties, as far as he wishes the imprint of a trademark on the ordered goods.
The seller is entitled to label the goods with company names, product and brand names.
The buyer's warranty rights are initially limited to the right of repair or replacement. If repair or replacement fails, the buyer is entitled to reduce the purchase price or to withdraw from the contract. Claims for damages remain unaffected. Warranty claims do not exist in case of insignificant deviation from the agreed quality or in case of only insignificant impairment of usability.
Liability for damages caused by simple negligence of the seller or his 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, physical injury or damage to health and to the extent that claims under the product liability law are affected. In the event of a breach of essential contractual obligations, liability in cases of simple negligence shall be limited to the damage typically associated with the contract and foreseeable. Claims for damages arising from default or proven claims for reimbursement of expenses pursuant to § 284 BGB are limited to 5% of the purchase price.
The legal relationship between the parties shall be governed exclusively by the law of the Federal Republic of Germany. Place of jurisdiction is Regensburg, as far as the contractual partner of the seller is a merchant in the sense of §§ 1 ff. German Commercial Code.
Should individual provisions of the contract with the purchaser, 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 entire or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.