General Terms & Conditions
1. GENERAL TERMS AND CONDITIONS OF DOSENSPEZIALIST GMBH
1.1 Orders are carried out under the following conditions. Deviating regulations must be in writing. Verbal and telephone agreements are non-binding.
1.2 Counter-confirmations from the client with reference to his terms and conditions of business or purchasing are hereby contradicted.
1.3 The prices stated in the contractor’s offer are subject to the proviso that the order data used in the offer remains unchanged. The Contractor’s prices do not include VAT. The contractor’s prices apply ex works. They do not include packaging, freight, postage, insurance and other shipping costs.
1.4 The client provides Dosenspezialist GmbH with all documents required for the creation, such as print films, data carriers, etc., free of charge in accordance with the specified specifications, and only as duplicates. If these documents are lost or damaged, Dosenspezialist GmbH is liable for a maximum of the material costs. Dosenspezialist GmbH is not obliged to check the production documents supplied by the customer. All tools manufactured for execution (e.g. printing films, tools, etc.) remain the property of Dosenspezialist GmbH, even if the customer bears the costs of production.
1.5 The business items used by Dosenspezialist GmbH to manufacture the product, e.g. films, lithographs, printing plates, printing screens, matrices and data carriers, etc., remain the property of dosenspezialist gmbh, even if they are invoiced separately, and will not be delivered.
1.6 The documents and items listed under points 1.4 and 1.5 will be retained for a period of six months for possible subsequent orders. If the customer expresses a contrary request, this must be expressly communicated in writing.
1.7 Subsequent changes at the request of the client, including the resulting machine downtime, will be charged to the client. Repetitions of test proofs that are requested by the client due to minor deviations from the template also count as subsequent changes.
1.8 Sketches, drafts, test sets, test prints, samples and similar preparatory work arranged by the client will be charged, even if the order is not placed.
1.9 Dosenspezialist GmbH has the right to note the company name or other reference to the origin or manufacturer of the product on the packaging and in the printed materials.
2. DELIVERY TERMS OF DOSENSPEZIALIST GMBH
2.1 Dosenspezialist GmbH is entitled to make partial deliveries and partial services. Over or under deliveries of up to 10% are permitted.
2.2 Dosenspezialist GmbH is entitled to adjust the order quantity upwards or downwards without consulting the client within reasonable limits and in accordance with the production processes and packaging units known to the client. Charged will be the amount sent.
2.3 Promised delivery times will be adhered to wherever possible. A guaranteed delivery date is not to be viewed as an agreement on fixed transactions unless this is expressly recorded in writing. The prior sale of items offered in the online shop is reserved. Delivery promises are only valid with a written order confirmation from an employee of Dosenspezialist GmbH.
2.4 In the event of force majeure, operational disruptions, strikes, lockouts, boycotts that affect the operations of Dosenspezialist GmbH or important sub-suppliers, late delivery of raw materials, transport obstacles and other circumstances over which Dosenspezialist GmbH or the buyer has no influence, liability lapses the Dosenspezialist GmbH.
2.5 In such cases, there will be no delay in delivery for Dosenspezialist GmbH, nor will there be any delay in acceptance for the buyer. In the event of unforeseen events within the meaning of the preceding provisions, Dosenspezialist GmbH has the right to withdraw from the contract in whole or in part.
2.6 Claims for damages by the buyer or claims from cover purchases or the like due to such withdrawal are excluded. If Dosenspezialist GmbH is in default with the service, the buyer must set an appropriate grace period before he can derive rights from delivery delays.
2.7 Shipping is always carried out at the buyer’s risk, even in the case of freight-free delivery. If the buyer wishes urgent or express shipping or insurance, the additional costs will be borne by the buyer. The risk of loss or damage to the goods during transport, as well as any kind of force majeure, transport blockages and the like, are borne by the buyer. The shipping method, the transport route and the suitable packaging material are determined exclusively by the Dosenspezialist GmbH.
3. PAYMENT TERMS OF DOSENSPEZIALIST GMBH
3.1 DPayment (net price plus VAT) must be made without deduction upon receipt of the invoice. The invoice will be issued on the day of delivery, partial delivery or readiness for delivery (debt to collect, default in acceptance). Bills of exchange will only be accepted after special agreement. Discounts and expenses are borne by the client. You are to be paid by the client immediately. The client is not liable for the timely presentation, protest, notification and return of the bill of exchange in the event of non-payment, unless he or his vicarious agent is guilty of intent or gross negligence.
3.2 If exceptionally large quantities, special materials or advance services are provided, advance payments may be required.
3.3 Dosenspezialist GmbH reserves the right, at its own discretion, to deliver cash on delivery or to demand advance payment. If delivery is desired on an open invoice (destination), it is necessary to give the Dosenspezialist GmbH the opportunity to check the credit. If the customer does not meet his payment obligations or circumstances become known that are likely to question the creditworthiness, all claims become due immediately.
3.4 In case of late payment, interest and expenses will be charged from the due date, subject to all further claims. If the buyer defaults on a payment, Dosenspezialist GmbH has the right to demand immediate payment of all outstanding invoices – including those that are not yet due.
3.5 Checks and bills of exchange are only considered payment after they have been cashed. Discount charges are borne by the buyer. The acceptance of the buyer’s acceptances and customer bills of exchange submitted by the buyer is considered a deferral in the amount of the bill of exchange. However, Dosenspezialist GmbH is entitled to return acceptances and bills of exchange to the buyer; This is particularly the case if they are not eligible for discount or if Dosenspezialist GmbH has reason to doubt that they will be redeemed in a timely manner. If acceptances and bills of exchange are returned, the deferment does not apply. If we become aware of bill protests and enforcement measures against the buyer, all claims of Dosenspezialist GmbH against the buyer become due immediately.
3.6 Offsetting and assertion of retention rights against the payment claim are excluded.
3.7 If delivery is delayed at the buyer’s request, the invoice will be issued when delivery is ready.
3.8 If, after conclusion of the contract, a significant deterioration in the buyer’s financial circumstances occurs, which jeopardizes payment of the purchase price, the seller can demand payment of the purchase price in advance.
4. COMPLAINTS OF DEFECTS FROM DOSENSPEZIALIST GMBH
4.1 Defects must be reported in writing to Dosenspezialist GmbH within one week of receipt of the goods by the customer or the delivery point specified by the customer, enclosing a sample of the defective goods. Goods that have been treated or processed can no longer be objected to. After this period has expired, the goods are considered approved.
4.2 If complaints are justified, Dosenspezialist GmbH will take back the goods, exchange them or grant the buyer a price reduction. The liability of Dosenspezialist GmbH for damages resulting from the delivery of defective goods or incorrect delivery is limited to the purchase price of the used part of the delivery in question. Further claims of any kind are excluded.
4.3 If the customer has the goods stored at Dosenspezialist GmbH, the above deadlines start from the receipt of the invoice issued by Dosenspezialist GmbH for the goods. Dosenspezialist GmbH is obliged to give the customer the opportunity to examine the goods in stock.
4.4 Color deviations in the packaging print or printed matter compared to the specification do not entitle the customer to refuse acceptance. The color deviation does not represent a reduction in value.
4.5 If the complaint is timely and justified, Dosenspezialist GmbH has the right, at its discretion, to make a replacement delivery with a new delivery deadline, to take back the goods for credit or to repair the goods. Further claims by the customer, in particular for cancellation, reduction or compensation, are excluded. The statute of limitations occurs within one month of the rejection of the complaint by Dosenspezialist GmbH.
4.6 For special items, a right of return is excluded; for second-choice goods, this is limited to the fact that reject goods have been delivered. Returns of goods that can be proven to have been delivered by Dosenspezialist GmbH may only take place with our written consent.
5. WARRANTY OF DOSENSPEZIALIST GMBH
5.1 Any recommendations made by Dosenspezialist GmbH regarding the usability of the delivered goods are non-binding. Although they are the result of conscientious testing, they can only serve as a guideline given the versatility of the applications or working methods. No guarantee can therefore be given for individual cases. The buyer is obliged to inspect the goods in any case before further processing begins. The buyer must satisfy himself that the goods are suitable for the intended purpose.
5.2 Instead of the buyer’s right to conversion or reduction, a right to repair is agreed. If the delivered item is located outside the seller’s registered office, transport costs, travel costs and postage will not be borne. The Dosenspezialist GmbH reserves the right to provide a replacement delivery instead of repairs.
5.3 No warranty is given for errors caused by improper handling, incorrect use, incorrect connection or external influences.
6. RETURNS OF GOODS FROM DOSENSPEZIALIST GMBH
6.1 Returns are only possible with the consent of Dosenspezialist GmbH. For returned goods, the current value, but not more than the invoice value, less the costs for re-presentation and a processing fee, will be credited, unless the return is based on a justified complaint.
7. RESERVATION OF TITLE OF DOSENSPEZIALIST GMBH
7.1 The goods remain the property of Dosenspezialist GmbH until all claims arising from the sales arising from the business relationship with the buyer have been paid in full. If the buyer does not properly meet his payment obligations, he is obliged to return the reserved goods. In the case of current invoices, the reserved property serves as security for the respective balance of the claim.
7.2 The buyer is entitled to process the delivered goods in the normal course of business and to sell them in an unprocessed or processed state. The seller is not permitted to pledge or assign as security goods that are the seller’s reserved property. The buyer carries out any treatment or processing of the reserved goods for the Dosenspezialist GmbH without any obligations arising for the latter. When processing or combining the reserved goods with other goods that do not belong to Dosenspezialist GmbH, the seller is entitled to the resulting co-ownership share in the new item in the ratio of the value of the reserved goods to the remaining processed goods at the time of processing or combining.
7.3 If the buyer acquires sole ownership of the new item as a result of treatment or processing, the contractual partners agree that the buyer also grants the seller co-ownership of the new item in proportion to the value of the processed or combined reserved goods and this stored free of charge for the seller. If the buyer sells the seller’s goods subject to retention of title unchanged, modified or processed, he hereby assigns to the seller the claims against his customers arising from such sales with all ancillary rights until all of the seller’s claims against him have been paid off. Dosenspezialist GmbH hereby accepts the assignment. Upon request, the buyer is obliged to provide dosenspezialist gmbh with the documents necessary to assert their rights. The buyer is authorized to collect such claims, but undertakes to immediately pay the collected amounts to dosenspezialist gmbh. Dosenspezialist GmbH undertakes to release the securities to which it is entitled in accordance with the above provisions at the buyer’s request, at his discretion, to the extent that their value exceeds 20% of the claims to be secured.
7.4 The buyer must immediately notify Dosenspezialist GmbH of any third-party enforcement measures regarding the reserved goods or of the claims assigned in advance. The buyer is obliged to immediately hand over all necessary documents for an intervention.
8. PRODUCTION / GOODS LABELING / COPYRIGHTS OF DOSENSPEZIALIST GMBH
8.1 Any modification of the goods and any special stamping that is or could be viewed as a mark of origin (manufacturer’s or trademark) of the customer or a third party is not permitted. If claims are asserted against Dosenspezialist GmbH in the event of a violation of this, Dosenspezialist GmbH must be released from this. Please note that the export of the goods may conflict with the copyrights or intellectual property rights of third parties in other countries. The Dosenspezialist GmbH declines any liability if the customer is claimed by the holders of such foreign rights.
8.2 When the packaging is manufactured by Dosenspezialist GmbH, the customer guarantees that the packaging, presentation, etc. do not infringe third-party intellectual property rights, utility models and designs, trademarks, etc. and violate other legal requirements and prohibitions. If claims are made against Dosenspezialist GmbH as a result of such violations or proceedings are initiated against Dosenspezialist GmbH, Dosenspezialist GmbH must be indemnified from these or any costs incurred.
9. PLACE OF PERFORMANCE AND JURISDICTION OF DOSENSPEZIALIST GMBH
9.1 Place of fulfillment for delivery and payment is Gotha. The place of jurisdiction, including in matters of bills of exchange or checks as well as for claims of the reseller against Dosenspezialist GmbH, is the local or regional court responsible for Dosenspezialist GmbH.
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