§ 1 General - Scope of application

1. the terms and conditions apply to all current and future business relationships.
2. deviating, conflicting or supplementary general terms and conditions shall not become part of the contract, even if we are aware of them, unless their validity is expressly agreed to by us in writing.

§ 2 Conclusion of contract

1 Our offers are subject to change. We reserve the right to make technical changes as well as changes in shape, colour and/or weight within reasonable limits.
2. By ordering the goods, the customer makes a binding declaration that he wishes to purchase the goods ordered. We are entitled to accept the contractual offer contained in the order within two weeks of receipt. Acceptance can be declared either in writing or by delivery of the goods to the customer.
3. Verbal agreements or assurances require our written confirmation to be effective.
4. We are entitled to adjust the order quantity upwards or downwards to a reasonable extent to our standardised packaging units without notifying the customer.

§ 3 Delivery

1. delivery dates or delivery periods shall only be binding if they have been confirmed by us in writing and the customer has provided us with all information and documents necessary for the execution of the delivery in good time and has paid any agreed down payments as agreed. Agreed deadlines shall commence on the date of the order confirmation. If additional or extension orders are placed later, the deadlines shall be extended accordingly.
2. Unforeseen events such as force majeure, official orders, labour disputes and other events beyond our control and for which we are not responsible shall release us from the obligation to deliver or perform on time for their duration. Agreed deadlines shall be extended by the duration of the disruption; the customer shall be informed of the occurrence of the disruption in an appropriate manner. If the end of the disruption is not foreseeable or if it lasts longer than three months, each party is entitled to withdraw from the contract.
3. We are entitled to fulfil orders in partial deliveries.

§ 4 Purchase price

1. deliveries shall be made at the prices valid on the day of receipt of the order according to our latest price list plus VAT at the applicable rate.
2. unless otherwise agreed, payment of the purchase price shall be made immediately upon receipt of the invoice without deduction.
3In the case of payment via third parties, in particular within the framework of del credere agreements, the goods shall only be deemed to have been paid for in full when the payment itself has been received by us.
4. We only accept cheques on account of performance and free of costs and charges.
5. The customer shall only be entitled to offset if his counterclaim is undisputed and has been legally established. The customer shall only be entitled to assert a right of retention to the extent that his counterclaim is based on the same contract and is undisputed or has been legally established.
6. All our claims against the customer shall become due for payment immediately; in the case of agreed instalment payments, outstanding residual payment claims shall become due immediately and in full if the terms of payment are not complied with without justifiable reason or if we become aware of a significant deterioration in the customer's financial circumstances after conclusion of the contract. In this case, we shall also be entitled to provide outstanding delivery quantities and services only against advance payment or provision of security. If the customer has not made the advance payment after a reasonable grace period has expired, we shall be entitled to withdraw from the contract in whole or in part. We reserve the right to assert further rights.
7. If agreed payment deadlines are exceeded, default interest of 8% above the base interest rate shall become due.

§ 5 Retention of title

1. we reserve title to the goods until full settlement of all claims arising from an ongoing business relationship.
2. the customer is obliged to treat the goods with care.
3. the customer is obliged to inform us immediately of any access by third parties to the goods, for example in the event of seizure or any damage to or destruction of the goods. The customer must notify us immediately of any change of ownership of the goods and of any change of his own registered office.
4. We are entitled to withdraw from the contract and demand the return of the goods if the customer acts in breach of contract, in particular in the event of default in payment or breach of an obligation under clauses 2. and 3. of this provision.
5.The customer shall be entitled to resell the goods in the ordinary course of business; however, he hereby assigns to us all claims in the amount of the final invoice amount (including value added tax) which accrue to him from the resale or processing against his customers or third parties, irrespective of whether the goods have been resold without or after processing. We hereby accept the assignment. The customer shall remain authorised to collect this claim even after the assignment. Our authorisation to collect the claim ourselves remains unaffected by this. However, we undertake not to collect the claim as long as the customer fulfils his payment obligations from the collected proceeds, is not in default of payment and, in particular, no application for the opening of insolvency proceedings or out-of-court settlement proceedings with the creditors regarding the settlement of debts (Section 305 (1) No. 1 InsO) has been filed and no cheque or bill of exchange proceedings or suspension of payments exist. If this is the case, however, we can demand that the customer informs us of the assigned claims and their debtors, provides all information necessary for collection and hands over the relevant documents and informs the debtor (third party) of the assignment.
The authorisation to collect relates to the entire balance claim.
6. Processing and treatment of the goods by the customer is always carried out in our name and on our behalf. If the goods are processed with items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the goods supplied by us to the other processed items. The same shall apply if the goods are mixed with other items not belonging to us.
7. We undertake to release the securities to which we are entitled at the customer's request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 20%. Unless the customer proves a lower realisable value of the goods subject to retention of title, the realisable value shall be the customer's purchase prices or, in the case of processing of the goods subject to retention of title, the production costs of the collateral or the co-ownership share. We shall be responsible for selecting the securities to be released.
8. The customer shall store the reserved goods for us free of charge. He shall insure them against the usual risks, such as fire, theft and water to the usual extent. The customer hereby assigns to us his claims for compensation to which he is entitled against insurance companies or other parties liable for compensation arising from damage of the aforementioned type, in the amount of the invoice value of the goods. We accept this assignment.

§ 6 Transfer of risk

1. the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover, in the case of sale by dispatch upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out the dispatch.
2. the handover shall be deemed to have taken place if the customer is in default of acceptance.
3. deliveries shall be made uninsured. The costs of insurance requested by the customer shall be borne by the customer.
4. If the customer collects the goods himself, the goods shall be stored at the customer's expense and risk if the collection date is not met.

§ 7 Warranty, duty of inspection

1. we shall initially provide warranty for defects in the goods at our discretion by repair or replacement delivery.
2. if the subsequent fulfilment fails, the customer may in principle demand a reduction of the remuneration (reduction) or cancellation of the contract (withdrawal) at his discretion. However, the customer shall not be entitled to withdraw from the contract in the event of only a minor breach of contract, in particular in the event of only minor defects.
3. The customer must notify us in writing of obvious defects within a period of eight days from receipt of the goods; otherwise the assertion of the warranty claim shall be excluded.
Timely dispatch shall be sufficient to meet the deadline. The customer shall bear the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
4. If the customer chooses to withdraw from the contract due to a legal or material defect after subsequent fulfilment has failed, he shall not be entitled to any additional claim for damages due to the defect. If the customer chooses compensation for damages after subsequent fulfilment has failed, the goods shall remain with the customer if this is reasonable. Compensation shall be limited to the difference between the purchase price and the value of the defective goods. This does not apply if we have maliciously caused the breach of contract.
5. The warranty period is one year from delivery of the goods. This shall not apply if the customer has not notified us of the defect in good time (clause 3 of this provision).
6. The customer shall not receive any guarantees from us in the legal sense.

§ 8 Limitations of liability

1. in the event of slightly negligent breaches of duty, our liability shall be limited to the foreseeable, direct average damage typical of the contract according to the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We are not liable for slightly negligent breaches of insignificant contractual obligations.
2. The above limitations of liability do not apply to claims of the customer arising from product liability. Furthermore, the limitations of liability shall not apply in the event of physical injury or damage to health attributable to us or in the event of loss of life of the customer.
3. Claims for damages by the customer due to a defect shall become time-barred one year after delivery of the goods. This shall not apply if we can be accused of gross negligence or in the event of physical injury or damage to health attributable to us or in the event of loss of life of the customer.

§ 9 Collection

Only persons authorised by us are entitled to accept means of payment. Delivery drivers are only authorised to collect payments if they are in possession of a valid collection card from us.

§ 10 Empties

The returnable items provided by us to the customer (e.g. transport containers, cans, bottles and crates) remain our property even if a deposit is made. They must be returned to us by the customer in perfect condition immediately after their intended use, otherwise we are entitled to charge the replacement costs. Disposable packaging will not be taken back.

§ 11 Place of fulfilment and jurisdiction

1. place of fulfilment for delivery and payment is Cham.
2. exclusive place of jurisdiction for all disputes arising from this contract is Cham. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed.

§ 12 Final provisions

1. the law of the Federal Republic of Germany shall apply. The provisions of the UN Sales Convention shall not apply.
2. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.