Dinkhauser Kartonagen Vertriebs-GmbH – General Terms and Conditions Germany
- Applicability of the General Terms and Conditions of Business and Supply
By placing an order, the customer is declaring its acceptance of the following general terms and conditions (GTC). Any deviations from these terms and conditions require the written form to take effect. This also applies to the amendment of this clause requiring the written form. Other GTC of the customer will not form part of the contract even if we do not expressly contradict them. Any invalidity or ineffectiveness of individual provisions of these GTC will not affect the validity of the remaining provisions.
- Offers, orders and prices
Offer prices are subject to change based on current wages and material and paper costs passed on by the supplier and are exclusive of packaging. Errors excepted. Orders will be deemed to have been accepted only once written confirmation has been received from the supplier.
Costs incurred by us as a result of the process of making an offer, such as costs for development and technical services, samples and corrections, are to be borne by the buyer if no order should result.
Elaborate graphic designs are in general chargeable in whole or in part also at the time the order is submitted.
Unless express agreement is reached on the use of another currency, the prices are in each case quoted in CHF (Swiss francs) plus VAT at the applicable statutory rate. All prices are ex works. Transport and packaging costs will be charged separately.
are made at the expense and risk of the customer. We reserve the right to carry out the following excess or short deliveries: up to 500 pcs – 25%, up to 3000 pcs – 20%, 3000 or more pcs – 10%. They are to be invoiced at the agreed price. Slight deviations in colour or format do not constitute grounds for complaint. We accept no liability for fluctuations in weight of up to +/-5%. To be effective, complaints of any kind must be received by the supplier in written form at the latest 10 days after receipt of the first part delivery at the customer’s premises. In the event of default of acceptance, storage fees in an appropriate amount will be deemed to have been agreed, where these must be at least 1% of the true value per month.
The place of performance for our delivery obligation is Dinkhauser Kartonagen Swiss AG in Hünenberg, even if, at the request of the purchaser, we accept the task of shipping the goods. In the absence of any other express agreement, the risk will pass over to the buyer when the goods are handed over to the freight forwarder for delivery. This will apply even if free or carriage-paid delivery has been agreed and/or we transport the goods ourselves.
We will be under obligation to provide the goods in a particular condition only we have expressly agreed in writing to guarantee particular qualities. In the absence of any deviating agreements in the contract, we are under no obligation to provide packaging material that is suitable for direct contact with food. We will not therefore accept liability without express written agreement to that effect for any impairment of the goods or packaged merchandise that arises on the basis of direct contact.
The samples we provide are drafts or plotter samples which may deviate from the products produced on machines with respect to material, appearance (e.g. punching bridges, colour) and processibility (e.g. groove resistance). We will not accept liability for such deviations.
The buyer has been made aware that processing the merchandise after it has been stored for a longer period of time may lead to sensory problems and exterior problems such as breakage along groove edges and colour changes as well as to technical problems such as impaired run properties, adhesiveness, colourfastness and flatness. If the originally agreed call-off or delivery dates are exceeded by more than 6 months at the buyer’s behest, it will accept any and all such signs of ageing as proper conditions of the merchandise.
- Terms of payment
Unless otherwise agreed, the invoice is due for payment without deductions upon receipt thereof. Discounts are permitted only if these have previously been expressly agreed in writing. If the buyer does not pay the invoice amount within 30 days of receipt of the invoice or by the agreed date of payment, it will be deemed in default without any requirement on the part of the seller to send a separate written warning. In the event of default on the part of the buyer, we will be entitled to charge default interest at the statutory rate, but at least in the amount of 5% p.a. The right to claim higher default damages will be unaffected.
Money orders, bills of exchange and cheques will not be accepted in lieu of payment, but only as conditional payments. In the case of payments with money orders, bills of exchange and cheques, payment will be deemed to have been made in full only when the amount has been credited to our account. Encashment charges and bank fees for money transfers will be borne by the buyer. We assume no liability for timely submission.
If and when there is a significant deterioration in the buyer’s financial situation following the conclusion of the contract, or other circumstances indicate that the buyer’s solvency is in doubt, we will be entitled to withhold performance until the buyer has submitted the consideration or provided collateral. If, in this case, the buyer does not submit the full consideration or provide suitable collateral within one week of receiving a request to do so, we will be entitled to cancel the contract. Our right to claim compensation under the statutory conditions remains unaffected.
- Copyright and trademark protection rights
remain in all cases with the supplier; this applies also to samples and designs handed over/delivered to the customer by the supplier for inspection purposes. By paying the charge, the customer is purchasing merely the right of use for the agreed purpose and in the agreed scope. The customer bears full responsibility for the infringement of copyrights or proprietary rights and shall indemnify and hold the supplier harmless in the event of claims based on such infringements. The supplier is not obliged to make inquiries about copyright and trademark protection conditions.
- Means of reproduction
Means of reproduction, irrespective of by whom they have been produced or paid for, such as dies, printing plates, lithographs, stereotypes and tools remain the inalienable property of the supplier, even if the contracting authority has paid compensation for such works. The customer is therefore not entitled to exercise a claim for surrender.
The supplier accepts no liability of any kind from safekeeping agreements with regard to the acceptance of manuscripts, originals, stereotypes and print documents or similar.
- Disruption to operations
Cases of force majeure and strikes, lock-outs, unforeseen damage to machinery, the impossibility of obtaining raw materials, delays in the delivery of raw materials etc. will in all cases release the supplier from the obligation to deliver; the customer will in such cases not be entitled to cancel the order or assert claims for compensation.
- Acceptance of goods
All defects are to be reported in writing for compensation within 5 working days of receipt of the goods. If we are to acknowledge a complaint, samples must be returned to us and the following information provided: quantity of product to which the complaint refers and batches or pallet number(s). Deliveries recognised by us as defective will be either corrected or credited. Our liability is limited to the invoice amount. We are not liable for consequential damage.
- Claims for damages
are justified only in so far as these are limited by the amount of the invoice. This applies also if packaging materials have been supplied on the part of the customer. We are a member of ARA (Altstoff Recycling Austria), and exemption from obligation for our transport packaging has been obtained in Austria under ARA number 3640. Payment of the disposal fee pursuant to the Packaging Ordinance (Verpackungsordnung) in the current applicable version for the products supplied by the customer must be made exclusively by the same if it brings these products into circulation domestically. The seller assumes no liability in this respect. By written order of the buyer, exemption from obligation for Austria can be effected via our ARA no. 3640 in return for the passing on of the related costs.
- Legal notice
The supplier is entitled to add company names and trade names to the finished printed materials and products without the special permission of the customer.
- Retention of title
All goods delivered will remain our property until such time as all outstanding payments have been made.
Place of fulfilment and jurisdiction: Regensburg
Last revised: April 2015
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