General terms of delivery and business

§ 1 Scope

1) The deliveries, services and offers of the company Nordwerk Verpackungen GmbH & Co.KG (hereinafter referred to as "us", "we" or NORDWERK) are effected exclusively on the basis of these terms and conditions. These shall therefore also apply to all future business relationships, even if they are not expressly expressly agreed.

2) General terms and conditions of the buyer or third parties that deviate from these general terms and conditions or from special agreements are not binding on us even if the buyer refers to them and we have not expressly objected to them in the individual case, unless we have expressly agreed to them in writing. unless we have expressly agreed to their validity in writing.

3) The contracting parties submit to the GKV testing and evaluation clause for polyethylene films and products made from them, established by the Fachverband Packaging and Packaging Films in the GKV in the latest version, deposited with the Federal Institute for Materials Testing in Berlin. The GKV testing and evaluation clause shall also apply to other film products. The provisions shall be client in text form on request.

§ 2 Offer and Scope of Services

1) Information in catalogues, on the Internet or in other media shall not constitute a binding offer; the contract shall only be concluded upon acceptance (order confirmation) by us. by us. Our order confirmation shall be exclusively authoritative for the scope of the contractually owed performance.

2) Offers on our part are always subject to change. A specific quality of the goods is only agreed if this has been expressly declared as such by us or if it is clear from the expressly declared as such by us or if it is clear from the nature of the item. §3 shall also apply here. The company Nordwerk Verpackungen Nordwerk Verpackungen GmbH & Co.KG shall be bound for 30 calendar days.

3) Orders require the written confirmation of Nordwerk Verpackungen GmbH & Co.KG to be legally effective.

4) All agreements made between Nordwerk Verpackungen GmbH & Co.KG and the buyer for the purpose of executing this contract, are to be recorded in writing.

5) Printing with the company or brand name or a sign of a self-disposal system will only be carried out after express written agreement. agreement. The client assures that he has the corresponding licences and indemnifies us from all claims arising from the use of these signs in the event of a claim. from all claims arising from the use of these signs.

§ 3 Tolerances

1) With regard to deviations in dimensions or weight, unless specific tolerances have been agreed in individual cases, the "Provisions of the GKV Testing and Evaluation Clauses for Polyethylene Films and Products Made from Them" of the Fachverband Verpackung und Verpackungsfolien im GKV in their as amended from time to time, deposited with the Federal Institute for Materials Testing in Berlin.

2) Samples provided by us are considered to be sample pieces for the quality, material and properties of a product. Our end products products may deviate insignificantly from these. Unless they have become part of the contract in writing, information provided by us on the dimensions, properties and intended use of the products shall not be binding. part of the contract in writing, are non-binding and do not constitute warranted characteristics. §9.5 shall apply.

3) Subject to special instructions from the client, the work shall be carried out using materials customary in the industry and in accordance with the usual and known manufacturing processes. manufacturing processes. For all plastic products, we reserve the right to quality variations in accordance with the state of the art and customary in the trade.

4) The customer must expressly draw attention to the use of the packaging for foodstuffs. If he fails to do so, he shall not be entitled to make claim for defects in this respect.

5) Recycled raw materials or degradable films may show slight variations in quality, colour, purity, odour and physical properties from batch to batch. physical properties from batch to batch. Such deviations do not entitle the client to a notice of defects.

6) We reserve the right to over- or under-deliver to the extent of 10%. The client shall be invoiced for the actual delivery quantity. invoiced. A subsequent delivery of the difference in quantity in the case of under-delivery cannot be demanded; likewise a return of the difference in quantity in the case of over-delivery. in the event of over-delivery.

§ 4 Prices, price reservation and terms of payment

1) Our prices are exclusive of the costs of packaging and transport as well as the respective legally owed value added tax, unless otherwise agreed.

2) In the absence of a special agreement, payment shall be made free of charges and in full before delivery of the goods without deduction upon receipt of the request for payment.

3) We reserve the right to increase our prices appropriately if, after the conclusion of the contract, cost increases, in particular due to changes in the price of crude oil, customs duties or freight costs as well as the exchange rate. We will provide evidence of these to the customer on request.

4) We shall be entitled, despite any provisions of the buyer to the contrary, to set off payments first against the buyer's older debts and shall inform the buyer of the nature of the set-off. inform the buyer of the type of set-off made. If costs and interest have already been incurred, we shall be entitled to offset the payment first against the costs, then against the interest and the debt. costs, then to the interest and finally to the main performance.

§ 5 Delivery period and call-off

1) The delivery period shall be agreed separately. In the case of individually printed goods, an agreed delivery period shall not run until receipt of the customer's print approval.

2) In the event of unforeseen impediments to performance for which we are not responsible, such as cases of force majeure, strike, operational disruptions in our own operations supplier, transport difficulties or similar, as well as official measures, e.g. a customs inspection, the delivery period shall be extended if we are thereby prevented from the timely fulfilment of our obligations, the delivery period shall be extended by the duration of the impediment to performance. We shall provide evidence of this to the customer on request.

3) Orders on call (annual call-off) must be accepted within the agreed period; after expiry of this period, any quantities not yet will be invoiced and are due for payment. The maximum period is 12 months. The period begins on the date or event specified in the order confirmation, at the latest, however, with the notification of provision or availability by Nordwerk.

§ 6 Shipment and transfer of risk

1) The risk of accidental loss and accidental deterioration of the purchased goods shall pass to the customer as soon as we hand over the purchased goods to the forwarding agent, the carrier or any other party responsible for the execution of the order, carrier or the person or institution otherwise designated to carry out the transport/shipment. If dispatch is delayed at the request of the buyer, the risk shall pass to the buyer upon notification of readiness for dispatch.

2) As long as the buyer is in arrears with an obligation, our obligation to deliver shall be suspended.

§ 7 Retention of title/ artwork

1) We retain title to the purchased item until the purchase price has been received in full. We are also entitled to exercise the rights of retention of title without without withdrawing from the contract.

2) Artwork (printing plates) shall be sent to the customer at the customer's request after full settlement of the expenses incurred by us for their production; the shipping costs shall be borne by the customer. at the customer's request; the customer shall bear the shipping costs.

§ 8 Inspection of the object of purchase / notice of defects

1) The examination of the suitability of the ordered goods for the purpose intended by the customer is the customer's responsibility. Specific requirements for the ordered goods due to specific requirements of the ordered goods due to laws and/or regulations, if these have been communicated to us by the customer in writing order at the latest.

2) The customer must inspect the purchased goods for any transport damage or other defects within 48 hours of receipt and report such damage or defects within a further 24 hours. damage or defects within a further 24 hours; the size, thickness and tear resistance of the purchased item as well as the printed printed image. Defects discovered later must also be reported within 24 hours. The punctual dispatch of the complaint by letter (decisive) shall be (decisive postmark) or fax (decisive fax identification) or e-mail.

§ 9 Defect rights/liability

1) The customer's statutory rights in respect of defects presuppose that the customer has duly fulfilled its obligations to examine the goods and to give notice of defects within the meaning of § 8. has been duly fulfilled. Otherwise, any rights based on defects shall be excluded.

2) We shall be liable for damages in accordance with the statutory provisions as follows: (a) in the event of a culpable breach of a material contractual obligation, the liability for damages is limited to the foreseeable damage typical for the contract, unless the breach of contract was intentional. (b) in the case of other breaches of duty, we shall only be liable for intent or gross negligence, including intent and gross negligence on the part of our representatives and vicarious agents. In the event of only grossly negligent breach, liability shall be limited to the foreseeable damage typical for the contract.

3) Liability for culpable injury to life, limb or health shall remain unaffected; this shall also apply insofar as liability under the Product Liability Act is given.

4) The quality of the raw materials delivered to us influences the quality of the product produced by us. Changes in quality as a result of changes in the quality of the raw materials are therefore beyond our control and our responsibility.

5) Complaints cannot be made with regard to the behaviour of the packaging material in relation to the filling material and vice versa if the buyer has not expressly made the buyer has not expressly drawn our attention to special properties of the filling material before placing the order and has not given us the opportunity to comment. Liability for the suitability of the films and the articles manufactured from them for specific purposes is excluded. The buyer is responsible for the suitability of the filling material is the responsibility of the buyer.

6) Unless otherwise stipulated above, liability is excluded.

7) There shall be no rights in respect of defects and no liability if the goods have been printed at the customer's request and the colour, print image etc. correspond to the sample released by the customer or specified by the customer. approved by the customer or the sample provided by the customer.

8) The limitation period for the customer's rights in respect of defects is 12 months, calculated from receipt of the purchased item.

§ 10 Final provisions

If any provision of these special terms and conditions is or becomes invalid for any reason whatsoever, this shall not affect the validity of the remaining provisions. provisions shall remain unaffected thereby. The contracting parties shall be obliged to replace the invalid provision by a provision which fulfils the purpose of the invalid provision, in particular with regard to purpose of the invalid provision, in particular with regard to its economic success.

(Goodwill) Returns

If we take back the goods without being legally obliged to do so, this is done merely as a gesture of goodwill and without recognition of a legal obligation. of a legal obligation. We expressly reserve the right to return goods sent back to us, which we are not obliged to take back, to the customer with costs. to the customer or to charge the customer for costs incurred by us in handling these goods.

Ware, zu deren Rücknahme wir nicht verpflichtet sind, wird von uns in keinem Fall akzeptiert, wenn die Ware

  • ohne vorher bei uns beantragte RMA-Nummer eingesendet wurde
  • nicht verkaufsfähig ist, da die Ware und/oder deren Verpackung z.B. beschädigt, beklebt oder beschriftet ist
  • mit einem Mindesthaltbarkeitsdatum geringer als zwölf Monate versehen ist
  • speziell für den Kunden eingekauft worden ist
  • vor mehr als 4 Wochen an den Kunden geliefert worden war

§ 11 Anzuwendendes Recht

German law shall apply; the application of the UN Convention on Contracts for the International Sale of Goods is excluded. The exclusive place of jurisdiction is Mölln if the buyer is a merchant. is a merchant. The contractual language is German.