AGB´s
General Terms and Conditions of Schäfers Sicht & Blisterpack GmbH & Co. KG applicable to businesses (Section 14 of the German Civil Code)
As of February 2016
I. Applications
1. Orders only become binding upon the supplier’s order confirmation or when orders have been executed by the supplier. Changes and additions must be made in writing. This also applies to waiving the written form requirement itself. All offers are subject to change unless they are designated as firm offers.
2. In the case of ongoing business relationships, these terms and conditions also apply to future transactions that do not expressly refer to them, provided they were received by the purchaser with an order previously confirmed by the supplier.
3. Any differing purchasing conditions of the purchaser shall only bind the supplier if they are expressly accepted by the supplier.
4. Should individual provisions be or become invalid, the remaining terms and conditions shall remain unaffected.
II. Prices
1. Unless otherwise stated, prices are ex works, excluding freight, customs duties, import duties, and packaging, plus VAT at the statutory rate.
2. If the relevant cost factors change by more than 5% after the offer has been submitted or after the order has been confirmed until delivery, the prices will be adjusted accordingly.
3. The supplier is not bound to previous prices for new orders (= follow-up orders).
4. Reasonable price adjustments due to changes in labor, material, distribution costs, etc., which occur two months after the contract has been concluded, remain reserved.
III. Delivery/Acceptance and Cooperation Obligation
1. The scope of our delivery obligation arises exclusively from this contract. We reserve the right to make changes to materials, shapes, and colors due to further development and improvements in technology or due to legal requirements, provided the changes are not significant or otherwise unreasonable for the customer. Partial deliveries that are reasonable for the customer may be made and invoiced.
2. The delivery period is suspended for the duration of the customer’s inspection of samples, proofs, etc. until the date of receipt of the customer’s statement. Compliance with our delivery obligation requires the timely and proper fulfillment and compliance of the customer.
3. If the supplier fails to deliver on time, despite having placed identical orders with reliable suppliers, the supplier is released from its obligation to perform and may withdraw from the contract.
4. Delivery periods begin upon receipt of all documents required for the execution of the order, the down payment, and timely material orders, if agreed upon. The delivery period is deemed to have been met upon notification of readiness for shipment if shipment is impossible through no fault of the supplier.
5. Appropriate partial deliveries and reasonable deviations from the ordered quantities are permitted. In principle, we are entitled to make production-related under- or over-deliveries of up to 10%. For delivery volumes of less than 1,000 units or for particularly complex designs, higher tolerances of up to a maximum of 20% are permissible unless otherwise agreed. Orders will be executed in accordance with the general state of the art within the technically necessary material and packaging-related tolerances of standard commercial quality, unless specific execution standards have been agreed upon in individual cases. Industry-standard deviations in color, selection, weight, piece length, etc. do not constitute grounds for complaint. Thickness tolerances: for film thickness <200 µm +/-10%, 200 to 400 µm +/-7%, >400 µm +/-5%.
6. Blanket orders must be accepted and paid within 6 months of contract conclusion at the latest, unless expressly agreed otherwise.
7. For call-off confirmations without agreement on the term, batch sizes, and acceptance dates, the supplier may request a binding determination of these terms no later than three months after order confirmation. If the customer fails to comply with this request within three weeks, the supplier is entitled to set a two-week grace period, after which it may refuse delivery and demand compensation.
8. Events of force majeure entitle the supplier to postpone delivery for the duration of the disruption and a reasonable start-up period, or to withdraw from the contract in whole or in part due to the part not yet fulfilled. Force majeure includes strikes, adjustments, or unforeseeable circumstances, such as operational disruptions, which make timely delivery impossible for the supplier despite reasonable efforts.
IV. Delay in Delivery
1. If the agreed delivery period cannot be met due to circumstances beyond our control,