1. offers
a) Unless otherwise expressly confirmed, our offers are subject to change.
b) We reserve the property rights and copyrights to samples, artwork and other documents.
They may not be made accessible to third parties.
2. Conclusion of contract
a) We only conclude supply contracts under the following conditions.
b) Verbal agreements require our written confirmation to be legally valid.

3. Prices
a) Our prices are subject to change. Unless otherwise agreed, the prices are ex warehouse, excluding VAT, freight and packaging. If the invoice value of a shipment is less than 70 EURO, we reserve the right to charge a minimum quantity surcharge of 5 EURO.
b) The costs incurred for the cutting, treatment and processing of paper and cardboard will be charged.
c) Our prices are based on current cost factors. If these change before delivery - in particular the prices of our sub-suppliers - both parties are entitled to demand negotiations for the purpose of adjusting the agreed price. If no agreement is reached, the affected party is entitled to withdraw from the contract. Further claims are excluded.

4. Dispatch
a) All consignments ex works travel at the risk of the recipient. This also applies if the transport is carried out with our own means of transport.
b) We are free to choose the shipping route. Deliveries by our own vehicles are free.
c) Postage and packaging will be charged for postal items and express parcels.
d) Damaged goods may only be accepted from the carrier after the damage has been properly assessed. In the event of non-compliance, the buyer bears the resulting damage.

5. Pallets
a) Customer pallets are to be delivered to the supplying plant in good time, carriage paid.
b) Loaned packaging remains our property in any case and must be returned carriage paid at the latest after 6 weeks, calculated from the day of delivery. If the return period is exceeded, we charge a rental fee of EUR 1.50 per pallet and per week. The buyer is liable for any kind of damage. If lost, 10 EURO will be charged per item.

6. Delivery time
a) Deliveries of stock types are usually made immediately from stock, otherwise the specified delivery time is only an approximation. In the case of print and production orders, it begins with the receipt of the final printing or production approval from the buyer. Partial deliveries are permitted. b) If we are in default, the customer can set a reasonable grace period and withdraw from the contract after the unsuccessful expiry of this grace period. Any claim for damages is excluded. c) Force majeure: Shutdown of operations due to operational restrictions or lack of operating or raw materials and similar cases that result in a failure or a reduction in production are considered force majeure and release us from compliance for the duration of the defect or disruption the confirmed delivery date or the delivery.

7. Delivery deviations
a) The supplier is not liable for minor deviations in the material composition, sizing, color, basis weight, smoothness, purity and hardness of the paper layers used for gluing, stitching and printing.
b) We do not guarantee that the goods are suitable for a specific purpose, in particular no guarantee for certain physical and chemical properties of our goods and such consequences resulting from the migration of plasticizers, dyes, binders and other additives.
c) Tolerances: The client cannot object to deviations in weight and dimensions of up to 10% for paper and up to 20% for plastic foils. In the case of paper and plastic, differences in the shade of coloring and printing compared to templates and samples are due to the manufacturing process and cannot generally be the subject of a complaint. We reserve the right to deliver up to 10% more or less than 500 pieces and 15% less than 500 pieces of the ordered quantities, calculating the actual delivery quantity.

8. Drafts and originals
Unless otherwise expressly agreed, drafts and originals as well as sample work will be charged extra. The samples are our property and may not be used without our express permission.
The client does not acquire the right to the return of the items mentioned by paying a share of the costs for films, clichés (zinc etching, rubber and plastic printing plates, matrices, stereos), tools.
Unless otherwise agreed, the seller reserves the right to destroy all print templates and documents, clichés, tools, aids, etc. after five years without replacement if no corresponding follow-up order has been placed in the meantime.
9. Complaints
a) The buyer must inspect the goods immediately and report any defects in writing within one week of receipt at the destination at the latest. Hidden defects must be reported in writing no later than 4 days after the defect has been identified.
In the event of complaints about counting and sorting errors, the counting slips in the giants must also be sent in.
Any liability is excluded after the delivered goods have been used or processed. In the event of verifiable material or workmanship defects, we can either provide a replacement free of charge from the warehouse or credit the calculated value of the entire material against return delivery of the goods. Further claims, in particular for rescission, reduction and compensation are excluded.
b) If patterns are sent to the customer for inspection, we are only liable for the delivery being made in accordance with the pattern, taking into account any corrections.
c) The acknowledgment of the complaint by the supplier must be made in writing. Warranty claims become time-barred one month after we have rejected the complaint. Warranty claims can no longer be raised six months after delivery.

10. Payments
a) Payments are to be made net within 14 days from the day of delivery, unless other terms of payment have been agreed. Discount deduction is not permitted as long as older claims from the business relationship are outstanding. Checks and bills of exchange only count as payment after they have been honoured.
b) The buyer is not entitled to withhold or offset payments because of any counterclaims, including warranty claims.
c) If the customer does not pay as agreed, we are entitled to charge interest of 2% above the discount rate of the Deutsche Bundesbank from the due date, subject to further claims for damages.
d) Non-compliance with the terms of payment or circumstances that are likely to reduce the creditworthiness of the customer result in all our claims becoming due immediately, regardless of bills of exchange accepted. In these cases, we are also entitled to continue to deliver only against advance payment or security and to withdraw from the contract after a reasonable period of grace or to demand compensation for non-performance. e) If we accept bills of exchange, we always assume the ability to discount. All expenses are the responsibility of the buyer. Liability for timely presentation and protest is excluded.

11. Retention of title
a) All goods remain our property until we have been paid in cash for all claims arising from the business relationship. Any treatment and processing is carried out by the customer for us. The processed goods are considered reserved goods within the meaning of these provisions.
b) All claims to which the customer is entitled from the sale of the reserved goods or from other legal reasons are assigned to us in advance. If the value of the securities given to us exceeds our claims by more than 25%, we are obliged at the request of the customer to release the aforementioned securities - at our discretion.
c) The customer is authorized to collect the assigned claims. The authorization expires in the event of non-compliance with the terms of payment and in the event of bill and check protests.
In this case, the customer is obliged to inform us of the names of the third-party debtors and the amount of the assigned claims and to allow us or our authorized representatives to inspect the relevant business documents.
Access by third parties to the security goods must be reported to us immediately. The customer bears the costs of any necessary intervention.

12. Privacy Policy
Due to the data protection law, we would like to point out that we store the data resulting from the contractual relationship with you and only process it in accordance with its intended purpose.

13. Place of performance and place of jurisdiction:
a) The place of performance for delivery and payment for Froeb-Verpackung GmbH is Wurzbach. The place of performance for delivery and payment for Froeb-Ver Verpackungen Sonneberg GmbH is Sonneberg.
b) The place of jurisdiction for Froeb-Ver Verpackungen GmbH is Bad Lobenstein. The place of jurisdiction for Froeb-Ver Verpackungen Sonneberg GmbH is Sonneberg.

Froeb packaging GmbH, Wurzbach
Froeb-Packaging Sonneberg GmbH, Sonneberg

Aug 2022