Terms of Delivery and Payment
§ 1 Scope
- For deliveries of goods from us to our customers, only the Terms of Delivery and Payment listed here apply.
- Deviations from these Terms are only valid if they have been expressly agreed in writing.
- The Terms of Delivery and Payment are accepted at the latest upon the acceptance of our goods.
- These Terms are valid even if they conflict with the terms and conditions of the customer. The general terms and conditions of the customer are not part of this Contract.
§ 2 Conclusion of contract
We refer to telephone, telex or written orders by our customers. A condition for the conclusion of contracts is always an order confirmation on our part in written or text form (by letter, fax or email). Offers are subject to change until they are confirmed in one of the aforementioned forms.<br/>
§ 3 Prices and payments
- The prices listed in the order confirmation are binding. In case of doubt, the prices are net plus shipping costs and any applicable value added tax.
- We are entitled to demand a reasonable advance payment on the expected invoice amount. Advance payments must be paid in cash on delivery/collection or transferred in advance to our business account. For bank transfers, the amount to be paid in advance must have been received in our account before the agreed delivery time.
- If the advance payment is not made, we are entitled to withhold delivery and to withdraw from the contract after a reasonable grace period. The customer is obliged to reimburse us for expenses incurred so far.
- In case of return of hired goods (see § 5 of these Terms), the advance payment will be offset by us from the outstanding and due invoice amount.
- Our immediately due invoices must be paid at the latest 2 weeks after receipt of the invoice or receipt of the delivery without deductions, unless a different payment term was expressly agreed in writing or text form. If the payment is not made on time, the customer will be in default.
- All our claims are due immediately, regardless of agreed payment terms, if payment terms are not met or we become aware of circumstances that are likely to reduce the customer’s creditworthiness. We are then also entitled to execute outstanding deliveries only against advance payment, to withdraw from the contract after a reasonable grace period and to demand damages. We may also prohibit the resale of the delivered goods and demand their return or the transfer of the indirect possession of the delivered goods at the expense and risk of the customer. The customer hereby authorises us at this time to take away the delivered goods at its own risk and expense in the stated cases.
- We are entitled to assign claims to third parties. Claims against us can only be assigned to third parties with our written consent.
- In case of default, we are entitled to charge interest at the statutory rate. Costs brought about by the customer for a necessary reminder and collection procedure are entirely at the customer’s expense. By payments of the customer, reminder and collection costs are paid off first, followed by default interest and finally each claim beginning with the oldest.
§ 4 Delivery and shipping
- Deliveries are made to the delivery address specified by the customer.
- Delivery deadlines must be agreed in written or text form and always require confirmation by us. They begin with the receipt of the confirmation letter and always refer to the date of the agreed delivery of the goods or to the date of notification of readiness for dispatch, if the customer collects itself.
- Information about the delivery deadline is not binding, provided that the date of delivery was bindingly promised as an exception.
- The customer is obliged to inform us explicitly in written or text form upon conclusion of the contract if the delivery is to take place on a precisely determined date and if compliance with this date (the time of service) is essential to the contract.
- If we fall into default of delivery, the customer shall be informed by us immediately. We are entitled to deliver similar replacement cups in the event of delivery bottlenecks.
- In the event of default of delivery, the customer is entitled to set us a reasonable grace period, after which it may withdraw from the contract to the extent that the ordered goods or similar replacement cups are not ready for dispatch or cannot be delivered on time in the case of binding delivery deadlines.
- Transparent lids on the plastic boxes allow the customer to check the completeness and correctness of the goods without lifting the lid. By signing the delivery documents the customer acknowledges the completeness and correctness of the delivered goods. Later complaints are excluded.
- Upon handover of the goods to the forwarding agent or carrier, the risk of accidental destruction is transferred to the customer. This also applies to the agreement of Incoterms.
- Partial deliveries are permitted, each partial delivery is considered as an independent transaction.
§ 5 Transfer of reusable products (hire purchase)
- In the case of hire purchase, the reusable products are transferred to the customer for the agreed period against payment of a service price according to the price list. The customer is granted the right to buy reusable products at the end of the hire period by exercising its warrant right (see also § 5 (4) of these Terms). The delivered reusable products remain our property until full payment of the purchase price.
- The reusable products must be returned on the last day of the agreed period, unless the customer makes use of its warrant right. The costs for the return are borne by the customer.
- If the reusable products are returned later than on the agreed date, the customer must pay a late payment surcharge for each day of delay in accordance with the current price list for each reusable product hired.
- In the case of non-return of the hired items within 2 weeks of the end of the agreed hiring period, the customer tacitly makes use of its warrant right. In that regard, a purchase agreement for the reusable cups is concluded between us and the customer subject to § 6 of these Terms. A later return of the reusable products is excluded in this case.
- We calculate a loss price according to our current price list for reusable products not returned to us.
- For defects caused by wear and tear to the delivered reusable products, we charge a defect price according to our current price list.
- In the case of defective reusable products, which obviously have not become unusable due to wear and tear but due to improper use by the customer, we are entitled to charge the full loss price according to the price list. This applies in particular to goods which have come into contact with paint and ink of any kinds.
- Plastic boxes or their lids damaged by the customer and unreturned as well as other damaged accessories included in delivery must also be replaced by the customer in accordance with the valid price list.
- Reusable products must be used exclusively for dispensing drinks and food.
- Hired reusable products are handed over to the customer in sealed plastic boxes. When accepting the goods, the customer must ensure that the seals are intact. Goods returned in plastic boxes already lacking a seal shall be considered goods used by the customer.
- In the case of delayed acceptance or return by the customer, the customer shall owe compensation for the additional expenses caused by the delay.
- If a credit balance of the customer exists after return of the reusable products, it shall be refunded in cash or transferred to the account of the customer.
§ 6 Sale of goods
- Until the settlement of all of our claims, for whatever legal reason, including the settlement of balance claims, we reserve ownership of the goods delivered by us. If our property has been lost and our purchase price claim is no longer secured in any other way, the customer undertakes to assign to us the claims to which it is entitled against a third party for whatever legal reason. An extended retention of title is expressly not agreed. Any deviating agreement must be made in writing.
- We assume no liability for violations of copyrights and property rights, e.g. regarding logos, lettering, drawings or photos on the delivered goods. All claims made against us for such a legal violation shall be borne directly by the customer.
- For the cup previews (2D or 3D) provided by us prior to printing, due to technical reasons, there may be colour and shading deviations as well as slight inaccuracies between the cup preview and the actual prints. In the case of deviations which do not change the essence of the print, claims of the customer against us are excluded. Only the final print release file (PDF file in 2D), transferred after placing the order and before the start of production, serves as the binding template.
- The print release of the customer by email shall be considered a binding confirmation. We assume no liability for errors overlooked by the customer.
- For reusable cups labelled using the IML (‘in-mould labelling’) process, we reserve the right to deliver up to 5% more or less than the quantity ordered by the customer for orders of up to 50,000 reusable cups and 3% for orders of more than 50,000 reusable cups. Within this range, we invoice the quantity of printed IML cups actually delivered.
- After acceptance of the goods, the notification of defects which could have been determined upon the agreed kind of acceptance is excluded. The same applies if the customer does not perform an agreed acceptance at all, on time or incompletely. Notifications of defects must be received by us in writing within 7 days after receipt of the goods, but only entitle to withholding of the invoice amounts if the existence of the defects has been confirmed by us in written or text form.
- A right to withdraw from the purchase agreement must be asserted within 14 days. It expires after the deadline.
§ 7 Liability
- Our liability for unpredictable damage and force majeure is excluded.
- Likewise, we are not liable for damages that are caused by simple negligence and do not affect our essential contractual obligations, the fulfilment of which enables the proper execution of the contract and on the compliance with which the party regularly relies and can rely (so-called ‘cardinal obligations’).
- The above limitations of liability and disclaimers do not apply to legally binding strict no-fault liability, nor to injury to life, limb and health.
- As far as the liability under sections 1 to 3 is excluded or limited, this also applies to the personal liability of our staff, employees, representatives, organs and vicarious agents.
§ 8 Miscellaneous
- The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the contract law (CMR) issued for this purpose.
- The place of jurisdiction for all disputes is our company headquarters in Sexau.
- Should individual provisions of these Terms of Delivery and Payment be invalid, the validity of the remainder of the contract shall remain unaffected. The ineffective provision shall be replaced by a provision with which the contractual objective pursued by the parties is achieved in a legally permissible manner or which comes closest to the objective economically.