Home Products Companies technology Services Contact > Terms of Service 1. Validity of the sales conditions 1.1 For all contracts concluded by us with entrepreneurs, legal entities under public law or special funds under public law ( hereinafter referred to as “buyer” ), our following sales conditions apply exclusively , which correspond to the model conditions of the Fachverband Faltschachtel- Industrie eV General terms and conditions of the buyer do not apply unless we have expressly agreed to their validity in writing. This also applies to clauses in the buyer's terms and conditions that do not conflict with our conditions. Our conditions of sale also apply then only if we carry out the delivery to the buyer without reservation in the knowledge of deviating clauses of the buyer . 1.2 Our conditions of sale also apply to all future business with the buyer. 2. Offers, orders and prices 2.1 Our offers are non-binding. A contract is only concluded with our written or electronic order confirmation or with delivery of the goods to the buyer. 2.2 Costs that we incur in preparing the offer, such as B. Costs for development, technical services, samples and corrections are to be borne by the buyer if the order does not come about. 2.3 By ordering the goods, the buyer makes a binding offer. We are entitled to accept this offer within two weeks of receiving it . 2.4 We do not assume any procurement risk with regard to self- supply by our suppliers, unless we are responsible for the in-time or incorrect self- supply . 2.5 The prices are in euros plus the applicable statutory value added tax, unless another currency is expressly agreed. 2.6 All prices apply ex works. Transport and packaging costs are separate be invoiced. If the parties have agreed FOB prices, these do not include port and customs fees. 3. Intellectual property, industrial property rights, ownership of work materials 3.1 The intellectual property or industrial property rights to drafts, templates, sketches, samples, films, lithographs, clichés, punches, cutting dies, negatives, plates, printing rollers, printing plates, molding devices, We are exclusively entitled to digital data, printing cylinders, etc. (hereinafter: work materials) . The buyer may not use these working materials without a prior express written agreement in which a reasonable usage fee is stipulated will use. 3.2 The buyer is liable for ensuring that the goods manufactured by us according to his work materials or other specifications or instructions do not violate any third party rights, in particular no intellectual property rights or industrial property rights. The buyer hereby undertakes to indemnify us upon first request from any claims that third parties may assert against us due to alleged or actual infringement of intellectual property and / or industrial property rights , provided that we have manufactured the goods according to his work materials or other specifications or instructions. 3.3 Work materials that are required for the production of the goods and that have been produced by us remain our property, even if the buyer contributed financially to the production costs. There is no obligation to surrender . 3.4 We only store work materials and data sets provided by the buyer at the buyer's risk. We are only liable for the care taken in our own affairs. We only insure these working materials and data sets at the express request of the buyer and only at his own expense. Provided that the buyer has these working materials within one year or the data sets within three years after their last use by us, we are entitled to destroy them after notifying the buyer in advance. 4. Delivery 4.1 Delivery dates are only binding if we have expressly given a written guarantee that they will be adhered to. The liability only applies subject to unforeseen events for which we are not responsible. The delivery date is deemed to have been met if the goods are handed over to the transport company in good time so that on-time delivery can be expected under normal circumstances . 4.2 If a call or delivery schedule is agreed between the parties, it is binding for both parties. Deviations require the express written consent of the other party. Any additional costs arising from such deviations (e.g. storage costs, financing costs) or material changes shall be borne by the party who requested the deviation from the call-off or delivery schedule. 4.3 If we fail to meet the delivery date, the buyer is entitled and obliged to set us a reasonable grace period for delivery in writing. The grace period usually has to be at least 10 working days. To If the grace period expires without result, the buyer can withdraw from the contract. In the case of long-term or successive delivery contracts, the right of withdrawal is limited to the specific delivery, unless a continuation of the entire contract is no longer reasonable for the buyer. 4.4 The place of fulfillment for our delivery obligation is the production plant, even if we take over the dispatch of the goods at the request of the buyer. The risk is transferred to the buyer with the task of transport, unless otherwise expressly agreed in writing. This also applies if free or carriage paid delivery has been agreed and / or we carry out the transport ourselves. The buyer bears the shipping costs, unless otherwise agreed in writing . 4.5 If no written agreements have been made about the packaging, the choice is left to us. Pallets, lattice boxes, cover boards, wooden sheds, corrugated cardboard boxes and other packaging and transport materials made available by us that are suitable for multiple use remain our property. The buyer must send them back to us in perfect condition at his own expense within one week of using the goods delivered therein . 4.6 Unless expressly agreed otherwise in writing, we are to Partial deliveries are entitled. 4.7 During the manufacture of the goods, production- related excess or short deliveries of up to +/- 20% can occur. Any excess or short deliveries within this tolerance represent a proper performance of the contract. The buyer has to pay the price for the quantity actually delivered. 5. Terms of payment, set-off, assignment 5.1 Unless otherwise agreed, the invoice amount is due without deduction upon receipt of the invoice. Discounts are only permitted if they have been expressly agreed in writing beforehand. If the buyer does not pay the invoice amount within 14 days of receipt of the invoice or the agreed payment date, he is in default even without a separate reminder . In the event of default by the buyer, we are entitled to demand default interest at the statutory rate, but at least at a rate of 12% pa. The assertion of higher damage caused by delay remains unaffected. 5.2 Payment orders , bills of exchange and checks are not accepted in lieu of performance, but only on account of performance. In the case of payment with money orders, bills of exchange and checks, fulfillment does not occur until the value date of the bank credit. Collection costs and bank charges for transfers are borne by the buyer. We assume no liability for timely submission. 5.3 The buyer is only entitled to set-off and retention rights if his counterclaims have been legally established, are undisputed or have been recognized by us . 5.4 If, after the conclusion of the contract, a significant deterioration in the buyer's financial situation or other indications that make the solvency of the buyer appear questionable, we are entitled to withhold our performance until the buyer has provided the consideration or security. If, in this case, the buyer neither provides the full consideration nor a suitable security within a period of one week after being requested to do so, we are entitled to withdraw from the contract. Section 323 BGB applies accordingly. Our right to claim damages under the legal requirements remains unaffected. 5.5 The assignment of claims of the buyer from the business relationship is excluded without our express written consent. Section 354 a of the German Commercial Code (HGB) remains unaffected. 6. Affixing of labels We are entitled to affix our company, our company logo or our identification number in an appropriate form that does not affect the design of the goods in a relevant manner on the goods manufactured by us. 7. Condition of the goods 7.1 A certain condition of the goods delivered by us is only then owed if we expressly promise certain characteristics in writing . Unless the contract contains any deviating agreements, the suitability of the packaging material for direct contact with food is not owed. We therefore assume no liability for impairment of the goods or the packaged goods that are based on direct contact without an express written agreement. 7.2 The goods are in accordance with the contract with regard to printing and processing if the printing result and the processing quality are within the tolerances that correspond to the current state of the art. 7.3 Samples made available by us are manual or plotter samples that may differ from machine production in terms of material, appearance (e.g. punched bridges, color) and processability (e.g. crease resistance). We are not liable for such deviations. 7.4 The buyer is aware that processing the goods after a long period of storage may lead to sensory impairments and external impairments , such as B. broken edges and color changes, as well as technical impairments such. B. poor running properties, gluability, paint adhesion and flatness can occur. Unless the buyer exceeds the originally agreed call-off or delivery dates by more than 6 months , he accepts such signs of aging as the condition of the goods in accordance with the contract . 8. Warranty for Defects, Compensation for Damages, Obligations to Notice 8.1 The delivered goods are to be checked by the buyer immediately, usually within 3 working days after receipt, for completeness and freedom from defects . All defects must be reported to us immediately in writing. If the buyer does not comply with these obligations, the goods are deemed to be in accordance with the contract, unless it is a matter of a defect that was not recognizable during the inspection. 8.2 Recognizable shortfalls or excess quantities and externally recognizable damaged goods must already be noted on the receipt. If the buyer does not comply with this obligation, the goods are deemed to be in accordance with the contract. 8.3 The buyer is obliged to examine the goods before use with regard to their suitability for the intended use. We must be informed immediately in writing of all points of complaint found during these examinations . If the buyer does not meet these obligations , the goods are deemed to be in accordance with the contract. 8.4 The buyer is obliged to immediately rectify an undetectable defect to complain about its discovery, usually within 3 working days. If he does not comply with this obligation, the goods are deemed to be in accordance with the contract. 8.5 Complaints and reprimands against third parties, such as B. commercial agents or transporters, do not represent any notifications or notices of defects in due form and in due time. 8.6 Claims for defects do not exist in the case of only insignificant deviations from the agreed quality or in the case of only minor impairment of usability. 8.7 Claims for defects on the part of the buyer presuppose that the buyer proves the existence of the cause of the defect at the time of transfer of risk. 8.8 Our liability is excluded for defects that are due to improper storage and / or processing of the goods by the buyer. 8.9 We are not responsible for defects that are based on the fact that we had to use materials specified by the buyer (such as cardboard, adhesives, paints, varnishes or printing forms) . The same applies to defects that are based on the fact that the buyer has given us the use of certain third-party services . In these cases, the buyer must rather ensure that his specifications do not impair the suitability of the goods for the intended use , unless the unsuitability of the specified materials or service provider was known to us and we have concealed this from the buyer. 8.10 We do not accept any responsibility for texts, images, graphics, barcodes etc. provided by the buyer , which we print on the folding boxes . In particular, the buyer is responsible for ensuring that no third party rights, such as B. commercial property rights or copyrights , or legal or sub-legal regulations are violated. 8.11 Declarations of conformity, agreements on properties or specifications that we may have submitted do not constitute guarantees and do not justify strict liability. In particular, they also release the buyer not of his obligation to check the goods for their suitability for the respective packaged goods before processing - also by carrying out appropriate analyzes . 8.12 In the event of a timely and justified complaint about the goods, we are entitled, at our option, to take back the defective goods and to replace them with goods in accordance with the contract or to improve the delivered goods - if this is possible and reasonable for the buyer . 8.13 If no repair or replacement delivery takes place within a reasonable period, the buyer is entitled, at his discretion , to withdraw from the contract or to request a reduction in the purchase price (reduction) Our liability for damages, regardless of the legal basis (including tortious claims), is based on the statutory provisions, provided that the damage is based on intent or gross negligence on the part of us, our representatives or vicarious agents. Liability for simple negligence is excluded, provided there is no culpable breach of an essential contractual obligation or we have assumed a guarantee or a procurement risk . The limitation of liability does not apply in cases of injury to life, limb or health of a person. Liability based on the provisions of the Product Liability Act also remains unaffected. 8.15 Claims for damages by the buyer are limited to typical, foreseeable damage. This does not apply to claims based on willful or grossly negligent behavior by us, our legal representatives or vicarious agents. The limitation also does not apply to liability for damage resulting from injury to life, limb or health of a person and in cases of liability according to the provisions of the Product Liability Act. 8.16 If the buyer or one or more third parties complain about the delivered goods , we must be informed immediately. This also applies in the event of internal blockages, recalls or public warnings in relation to ours delivered goods. 9. Limitation period 9.1 All warranty claims of the buyer in the event of defects in the delivered goods (including claims for damages) expire in the cases of § 438 Paragraph 1 No. 3 BGB within a period of 1 year. The period begins with the delivery of the goods. 9.2 Claims of the buyer for damages due to breaches of duty that are not based on defects in the delivered goods (§ 280 BGB), expire after a period of 1 year. The start of the limitation period is based on the law. 9.3 The statute of limitations under Sections 9.1 and 9.2 do not apply to cases of Entrepreneurial recourse (§§ 478, 479 BGB) as well as for claims for damages resulting from injury to life, limb or health of a person. Furthermore, they do not apply in cases in which there is intent or gross negligence on the part of us, our legal representatives or vicarious agents. 10. Retention of title 10.1 The delivered goods remain our reserved goods until the purchase price has been paid in full and all existing claims from the business relationship and ancillary claims (interest on arrears, damage caused by default etc.) in close connection with the delivered goods have been settled Property. The inclusion of individual claims in a current invoice or the drawing of the balance and their recognition do not cancel the retention of title . 10.2 If the goods subject to retention of title are processed into a new movable object by the buyer or a third party commissioned by him, the processing takes place for us without our being obliged to do so. The new thing will be our property. In the case of processing together with goods not supplied by us, we acquire co-ownership of the new item based on the ratio of the value of the goods subject to retention of title to the other goods at the time of processing. If goods subject to retention of title are combined with goods not supplied by us in accordance with §§ 947, 948 BGB or mixed, we become co-owners in accordance with the statutory provisions. If the buyer acquires sole ownership by combining, mixing or blending, he already transfers co-ownership to us at the ratio of the value of the goods subject to retention of title to the other goods at the time of combining, mixing or blending. In this case , the item that is our property or co-ownership is also deemed to be reserved goods within the meaning of the following provisions. 10.3 The buyer must store the reserved goods free of charge and insure them adequately at his own expense. 10.4 The buyer is entitled to resell or use the reserved goods in Within the scope of his usual, orderly course of business. However, this only applies provided that the claims assigned in advance in accordance with Section 10.5 are actually transferred to us. The buyer is not entitled to dispose of the reserved goods in any other way , in particular to pledge them or assign them by way of security . If the buyer defaults on payment, he is only entitled to resell the reserved goods if he instructs his buyer to pay the purchase price directly to us . If we only have co-ownership of the reserved goods, the buyer only has to instruct his buyer to pay us the portion of the purchase price that corresponds to the invoice value of the reserved goods delivered by us. 10.5 The buyer hereby assigns to us in advance all claims from the resale of the goods subject to retention of title. We accept this assignment. If we only have co-ownership of the reserved goods , the advance assignment agreed in sentences 1 and 2 only applies to the amount of the invoice value of the reserved goods delivered by us . 10.6 The buyer remains entitled to collect the assigned claims. Our authority to collect the claims ourselves remains unaffected. However, we will not collect the claims as long as the buyer meets his payment obligations from the proceeds received, not in default of payment and in particular no application for the opening of insolvency proceedings has been made or the initiation has been rejected for lack of assets. Upon request, the buyer must name the debtors of the assigned claims, stating the address, and notify them of the assignment. We are authorized to notify the debtors of the assignment ourselves. 10.7 If we are entitled to withdraw from the contract due to breaches of duty by the buyer, in particular due to default in payment , the buyer must return the goods delivered under retention of title to us immediately after declaring our withdrawal and requesting their surrender. The buyer bears the costs for the return. 10.8 The buyer must inform us immediately in writing of any foreclosure measures taken by third parties against the reserved goods or the assigned claims, handing over all necessary documents, in particular a copy of the foreclosure protocol. At the same time, the buyer has to send us an affidavit in which he declares that the goods subject to enforcement measures are goods that we have delivered and are subject to our retention of title. The costs of our intervention against the enforcement measure are borne by the buyer, unless they are reimbursed by the third party. 10.9 We undertake to release the securities to which we are entitled at the buyer's request insofar as the value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is incumbent on us. When all of our claims against the buyer have been settled , ownership of the reserved goods and the assigned claims are transferred to the buyer. 11. Force majeure Force majeure, such as strikes, uprisings, rioting, war or any other reasons over which we have no influence and which prevent the fulfillment of our contractual obligations, release us from our delivery obligation. If the If circumstances permit, we are obliged to inform the buyer in writing as soon as possible . 12. Applicable law, place of jurisdiction 12.1 The law of the Federal Republic of Germany applies to these conditions of sale and the entire legal relationship between the parties, excluding international private law and the UN sales law. This also applies in the case of cross-border deliveries. 12.2 The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Munich, provided that the buyer is a merchant, a legal entity under public law or a special fund under public law. Download General Conditions of Sale of Kroha GmbH (PDF) as of December 15, 2010 Kroha GmbH Terms and Conditions AEBs imprint Sitemap