to the menu

General Terms and Conditions of Business and Sale of Pluripac GmbH

Status December 2015

Below we inform you about the General Terms and Conditions of Business and Sale of Pluripac GmbH (hereinafter referred to as Pluripac).
 

§1 General provisions

  1. The following General Terms and Conditions of Sale and Delivery shall apply exclusively to all contracts for deliveries and other services, including contracts for work and services, consultations, proposals and other ancillary services.
  2. Any terms and conditions of purchase of Buyer which are not expressly recognized by Pluripac shall not be binding, even if Pluripac does not expressly object to them.
  3. Supplements or amendments to the contract must be made in writing to be effective.

§2 Offers, scope of services and conclusion of contract

  1. Offers of Pluripac are subject to change. Delivery dates are non-binding.
  2. The scope of the contractually owed performance shall be determined exclusively by Pluripac's order confirmation.
  3. Pluripac reserves the right to make changes to the materials used and the specification and design even after sending an order confirmation, provided that these changes do not contradict either the order confirmation or the Buyer's specification and have been agreed. Buyer shall agree to any further changes proposed by Pluripac, provided that such changes are reasonable for Buyer.

§3 Print data, copyrights

  1. Purchaser shall be responsible for ensuring that the execution of his order according to samples, layouts and print data submitted by him does not infringe third-party rights, in particular copyrights and industrial property rights. Purchaser shall compensate Pluripac for any damage incurred by Pluripac as a result of an infringement of third party rights in connection with Purchaser's order.

§4 Prices and Terms of Payment

  1. Prices are ex works, unless otherwise stated. Disposable packaging will not be taken back. Unless otherwise stated, all prices are in euros, net, i.e. plus statutory VAT, if applicable.
  2. If there are more than 3 months between conclusion of the contract and delivery, without Pluripac being responsible for a delay in delivery, Pluripac may invoice the price taking into account material, labor, storage and other ancillary costs incurred.
  3. If Pluripac considers and accepts change requests of Buyer after written receipt of the order, the resulting additional costs shall be invoiced to Buyer.
  4. Unless otherwise agreed or stated in the invoices, the purchase price shall be due immediately after delivery without discount and payable in such a way that Pluripac can dispose of the amount on the due date. The buyer shall bear the costs of payment transactions. Pluripac reserves the right to claim further damages caused by default.

§5 Offsetting and retention

  1. Set-off and retention by Buyer shall be excluded unless the set-off claim is undisputed or has been legally established.

§6 Execution of deliveries, delivery periods and dates

  1. Pluripac's obligation to deliver is subject to correct and timely delivery of the goods to be filled by Pluripac, unless Pluripac is responsible for the incorrect or delayed delivery.
  2. In justified special cases, in particular for operational reasons, Pluripac is authorized to perform partial deliveries and partial services after prior notice and to invoice them separately.
  3. Information on delivery times is approximate. Delivery periods shall commence on the date of the order confirmation and shall only apply subject to the timely clarification of all details of the order and the timely fulfillment of all obligations of the Buyer, such as the provision of all official certificates, the provision of packaging materials or down payments as well as the provision of print data and technical specifications and their approvals.
  4. The time of dispatch ex works or ex warehouse shall be decisive for compliance with delivery periods and dates. They shall be deemed to have been met upon notification of readiness for dispatch if the goods cannot be dispatched on time through no fault of Pluripac.
  5. Events of force majeure shall entitle Pluripac to postpone delivery for the duration of the hindrance and a reasonable start-up time. This shall also apply if such events occur during an existing delay. Force majeure shall be deemed to include acts of God, trade policy and other sovereign measures, strikes, lockouts, operational disruptions as well as all other circumstances which, through no fault of Pluripac, make deliveries substantially more difficult or impossible.

§7 Shipment and transfer of risk

  1. Shipment shall always be at Buyer's own risk, even if partial deliveries are made or if Pluripac has assumed other services, such as shipping costs or transportation.
  2. In the absence of special instructions, the packaging and the choice of transportation route and means of transportation shall be made at Pluripac's best discretion. Acceptance of the goods by Pluripac without objection by forwarders, post office, railroad or other transportation companies shall be deemed confirmation of the perfect condition of the packaging upon dispatch and excludes any liability on the part of Pluripac due to improper packaging or loading for damage or loss incurred en route, unless Pluripac is compulsorily liable due to intent or gross negligence.
  3. The risk of accidental loss or accidental deterioration of the goods shall pass to the Buyer as soon as Pluripac has made the goods available to the Buyer and has notified the Buyer thereof.

§8 Retention of title

  1. Pluripac retains title to the delivered goods until full payment has been made. The retention of title shall also apply until all claims, including future and conditional claims, arising from the business relationship between Purchaser and Pluripac have been satisfied.
  2. Pluripac is entitled to assert the rights of retention of title without withdrawing from the contract.

§9 Warranty

  1. If the purchase is a commercial transaction for both parties, Buyer shall inspect the goods immediately upon receipt, insofar as this is feasible in the ordinary course of business, and, if a defect becomes apparent, shall notify Pluripac immediately (in writing within 14 days). If Buyer fails to give such notice, the goods shall be deemed accepted, unless the defect was not recognizable during the inspection. Otherwise, §§ 377 ff. HGB APPLY.
  2. Pluripac's warranty claims are limited to repair or replacement, at Pluripac's discretion. In the event of failure of the repair or replacement delivery, Buyer shall have the right to demand, at its option, a reduction of the remuneration or rescission of the contract. In the event of a repair or replacement delivery, Pluripac shall be granted a reasonable period of time
  3. Any further claims of Purchaser, in particular due to consequential damage caused by a defect, insofar as these do not result from the absence of warranted characteristics, are excluded. This shall not apply in the event of intent, gross negligence or breach of material contractual obligations by Pluripac.
  4. Minor defects without loss of value/suitability or without limitation of usability are excluded from the warranty.

§10 Limitation of liability, marketability

  1. Pluripac shall only be liable for breach of contractual and non-contractual obligations, in particular for impossibility, delay, culpa in contrahendo and tort - also for its executives and other vicarious agents - in cases of intent and gross negligence, limited to the damages foreseeable at the time of conclusion of the contract and typical for the contract. No liability is assumed for advertising statements.
  2. The buyer bears sole responsibility for the marketability of the contractual products in the respective country. This applies in particular to all textual and advertising statements on the packaging materials as well as in the context of marketing. The purchaser shall indemnify Pluripac against any claims, including all costs for the defense against claims of third parties.
  3. Unless otherwise agreed, contractual claims which arise for the Buyer against Pluripac on the occasion of or in connection with the delivery of the goods shall become time-barred one year after delivery of the goods. Pluripac's liability for intentional and grossly negligent breaches of duty as well as the limitation period for statutory recourse claims remain unaffected. In cases of subsequent performance, the limitation period shall not begin to run again.

§11 Proof of export and value added tax

  1. If a buyer who is resident outside the Federal Republic of Germany, or his authorized representative, collects goods or transports or dispatches them abroad, the buyer must provide the export certificate required for tax purposes. If this proof is not provided, the Buyer shall pay the VAT applicable to deliveries within the Federal Republic of Germany on the invoice amount.
  2. In the case of deliveries from the Federal Republic of Germany to other EU member states, the Purchaser must notify Pluripac of its VAT identification number, under which the purchase is taxed within the EU, prior to delivery. Otherwise, he shall pay Pluripac the legally owed VAT amount for the deliveries in addition to the agreed purchase price.
  3. When invoicing deliveries from the Federal Republic of Germany to other EU member states, the VAT regulations of the respective recipient member state shall apply if either the purchaser is registered for VAT in another EU member state or if Pluripac is registered for VAT in the recipient member state.

§12 Final provisions

  1. The place of jurisdiction and place of performance for all obligations arising directly or indirectly from this contractual relationship, including the obligation to pay, shall be Auerbach/Vogtland. The Seller shall also be entitled to bring an action before a court having jurisdiction over the registered office or a branch of the Buyer.
  2. The relations between the contracting parties shall be governed exclusively by the law applicable in the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  3. Purchaser may transfer its rights and obligations under this contract to third parties only with the written consent of Pluripac.
  4. The invalidity of individual provisions of this contract or its components shall not affect the validity of the remaining provisions. The contracting parties are obliged, within the bounds of reasonableness and good faith, to replace an invalid provision with a valid provision that is equivalent to its economic effect, provided that this does not result in a material change to the content of the contract; the same applies if a matter requiring regulation is not expressly regulated.

Download GTC