General Terms and Conditions (AGB)
I. General information
1. general terms and conditions of our contractual partners that change the following regulatory content are generally not recognized. Any provisions deviating from these terms and conditions must be made in writing to be valid.
2 Our offers are subject to change. Orders are only binding for us if we confirm them or fulfill them immediately by sending the goods; verbal collateral agreements are only binding if they are confirmed in writing.
3. third-party property rights must be observed when using the delivered goods.
4. if, after conclusion of the contract, we become aware of facts that indicate credit risks, in particular: - non-payment of checks and/or bills of exchange - return of direct debits - exceeding payment terms by more than 4 weeks or similar, we shall be entitled to demand advance payment or corresponding securities. If this is refused, we may withdraw from the contract to the exclusion of any claims for compensation. In this case, invoices for deliveries already made shall become due immediately.
5. only undisputed or legally established claims shall entitle the purchaser to offset or withhold payment.
II Delivery
1. unless a delivery date is expressly designated as binding in writing, our delivery dates and deadlines are to be understood as approximate. Delivery deadlines shall be deemed to have been met if the goods have been loaded by the time they expire.
2. as long as the buyer is in arrears with an obligation, our obligation to deliver shall be suspended.
3. if the buyer is a merchant, a legal entity under public law or a special fund under public law, he may only demand compensation for the damage caused by delay in the event of our default if we are guilty of intent or gross negligence.
4. if an agreed delivery period is culpably exceeded, default in delivery shall only be deemed to have occurred after a reasonable grace period has been set. The grace period must be set in writing.
5. cases of force majeure and/or industrial action shall suspend our contractual obligations for the duration of the disruption and to the extent of its effect. If the resulting delays exceed a period of six weeks, both contracting parties shall be entitled to withdraw from the contract with regard to the affected scope of performance.
6. if sample or correction templates are required or agreed for order processing, the delivery period shall only commence on the day of receipt of the final sample or correction approval or printing or production approval.
III. Shipping, returns
1. loading and shipment shall take place uninsured at the risk of the buyer.
2. goods may only be returned with our prior approval. Custom-made products and orders are generally not returnable. In all cases, the return shipment must be made in the complete original packaging, carriage paid to the recipient. A copy of the invoice with which the delivery was originally made must be enclosed with the consignment. We charge 10% of the credited value of the goods for handling costs.
Retention of title
1. the goods sold shall remain our property until full payment of our claims arising from the business relationship with the buyer. The buyer is authorized to dispose of the purchased goods in the ordinary course of business.
2. the retention of title shall extend to the full value of the products resulting from the processing, mixing or combining of our goods. If, in the event of processing, mixing or combining with goods of third parties, their right of ownership remains, we shall acquire co-ownership in proportion to the invoice values of these processed goods.
3. the purchaser hereby assigns to us as security the claims against third parties arising from the resale in total or in the amount of our possible co-ownership share (see clause 2). He is authorized to collect these for our invoices until revocation or suspension of his payments to us. The purchaser is also not authorized to assign these claims for the purpose of collecting claims by way of factoring, unless the obligation of the factor is simultaneously established to effect the consideration in the amount of our share of the claim directly to us for as long as we still have claims against the purchaser.
4. the buyer must inform us immediately by registered letter of any access by third parties to the goods and claims belonging to us. At the same time, the third parties must be informed immediately of the retention of title.
5. the goods and the claims replacing them may not be pledged to third parties or transferred or assigned as security before our claims have been paid in full.
6. if the value of the securities exceeds our claims by more than 20%, we shall release securities of our choice at the buyer's request.
V. Material, design and tolerances
1. orders are executed using materials customary in the industry and in accordance with known manufacturing processes. The suitability of our goods for a specific purpose is not guaranteed.
2. minor deviations in the quality of the products that are customary in the trade and do not significantly impair the overall impression and usability do not entitle the customer to refuse acceptance or to make warranty claims. The GKV test and evaluation clauses deposited with the Federal Institute for Materials Testing by the Packaging and Packaging Films Association in the GKV serve as the basis for evaluation here, or for the article group of stretch films the tolerances determined by the PRO STRETCH initiative in the Packaging and Packaging Films Association.
3. products with recycled content may exhibit certain production-related properties resulting from the composition and origin of the recycled raw materials used. These include, in particular, color variations such as a gray to darker coloring, reduced transparency and odors typical of the material, which can occur depending on the recycled materials used. Recyclate films are expressly not odorless. These properties are due to technical reasons and are considered to be agreed characteristics; they do not constitute a defect within the meaning of the statutory warranty. The aforementioned characteristics are typical for the product and must be taken into account accordingly during processing and use. Products with recycled content are intended exclusively for use as tertiary packaging without direct or indirect food contact; use for food contact is excluded. We accept no liability for damage resulting from improper use.
VI Warranty and guarantee
1. all information on the suitability, processing and use of the goods is given to the best of our knowledge, but does not release the buyer from carrying out his own tests and trials.
2. the buyer must inspect the delivered goods immediately upon receipt for defects with regard to quality and intended use - as far as reasonable also by means of a trial processing - otherwise the goods shall be deemed approved.
3. complaints will only be considered if they are made in writing within eight days of receipt of the goods - in the case of hidden defects after their discovery, but no later than 4 weeks after receipt of the goods - and are accompanied by supporting documents.
4. borrmannplus verpackungen grants a machine and function guarantee of 6 months on machines delivered to registered traders, legal entities under public law or special funds under public law as contractual partners. The prerequisite for this is proper operation and maintenance as well as observance of the specified maintenance intervals of our machine or system in accordance with the operating instructions supplied. The warranty begins on the day of delivery and applies to parts that are rejected due to material defects. Wear parts are excluded from this regulation, unless there are material defects. Spare parts from the scope of the warranty shall also be provided by borrmannplus verpackungen for installation by the customer's personnel. For organizational reasons, the parts are always invoiced with each delivery. We shall only issue credit notes for warranty claims after receipt of the replaced, defective parts. The return shipment is made by the customer free works 28844 Weyhe. The liability for defects does not apply to natural wear and tear, nor to damage arising after the transfer of risk as a result of incorrect or negligent storage or handling, excessive strain or the use of unsuitable equipment. If the customer or a third party carries out improper modifications or repair work, any warranty on our part for defects shall be voided and any liability for the resulting consequences shall be excluded.
VII Reservation of self-supply and raw material price changes
1. borrmannplus verpackungen does not assume any procurement risk. We are entitled to withdraw from contracts with commercial buyers if we do not receive the delivery item or raw materials despite the prior conclusion of a corresponding purchasing contract on our part or in the event of a significant increase in purchasing or manufacturing costs due to increased raw material prices. The acceptance of orders is also generally linked to the restriction of any force majeure declarations on the part of our raw material suppliers or upstream suppliers, as a result of which our suppliers, and thus also we, are unable to meet the delivery date, the delivery quantity or the agreed prices due to force majeure (e.g. war, natural disasters, shortage of raw materials, as well as extraordinary raw material price developments resulting from this).
2. neither of the contracting parties shall be liable for the non-fulfillment or delayed fulfillment of its contractual obligations insofar as this is due to force majeure events.
3. force majeure shall include, but not be limited to, natural disasters, war, acts of terrorism, civil unrest, pandemics, epidemics, explosions, interruptions in the supply of energy and raw materials and sovereign measures.
4. Governmental measures within the meaning of this clause also include statutory or regulatory orders, in particular the introduction, modification, or increase of customs duties, punitive tariffs, taxes, excise taxes, environmental levies, packaging fees, plastic taxes, CO₂ levies, recycling and disposal fees, producer responsibility fees, import and export restrictions, embargoes, trade sanctions, or comparable government interventions.
This also applies if the fulfillment of our contractual obligations is not rendered impossible, but there is a significant increase in our procurement, manufacturing, import, transportation, storage, delivery, or distribution costs.
5. Should material economic conditions change as a result of an event of force majeure or due to governmental measures as defined in Section 4—in particular due to cost increases mandated by law or regulatory authorities, such as customs duties, punitive tariffs, taxes, excise taxes, environmental levies, packaging fees, plastic taxes, CO₂ levies, producer responsibility fees, recycling and disposal fees, import restrictions, embargoes, trade sanctions, raw material shortages, supply chain disruptions, energy shortages, natural disasters, armed conflicts, pandemics, epidemics, or comparable events that result in a significant increase in our procurement, manufacturing, import, transportation, storage, delivery, or distribution costs, we are entitled to pass on to the Buyer the additional costs actually incurred as a result—and not offset by countervailing cost developments—by adjusting the agreed-upon prices as of the date such costs take effect.
In the event of a reduction or elimination of the costs referred to in Section 4 and the first sentence of this section, which are relevant for price adjustments, the first sentence shall apply mutatis mutandis. To the extent that the effects go beyond a mere price adjustment, the parties shall negotiate an appropriate adjustment to the other terms of the contract.
6. our liability for intent or gross negligence remains unaffected by this in accordance with the clause "Compensation" (Section VII) of our General Terms and Conditions.
7. we will inform the buyer immediately of the late availability of the delivery item and, if he does not wish to adhere to the contract under changed conditions, exercise the right of withdrawal immediately. If the buyer has made advance payments, these will be refunded immediately in the event of withdrawal.
VII Compensation for damages
To the extent permitted by law, our obligation to pay damages, irrespective of the legal grounds, shall be limited to the invoice value of our quantity of goods directly involved in the damaging event. This shall not apply if we are liable without limitation due to intent or gross negligence in accordance with mandatory statutory provisions.
VIII. Place of jurisdiction
The place of performance for the delivery is the respective place of dispatch of the goods; the place of performance for the payment is the registered office of the seller. If the buyer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the registered office of the seller.
IX. online dispute resolution
The EU Commission has set up a website for online dispute resolution between entrepreneurs and consumers (OS platform), which you can reach at http://ec.europa.eu/consumers/odr/.
We do not participate in dispute resolution proceedings before a consumer arbitration board.
borrmannplus verpackungen GmbH + Co KG
Westerfeld 2
28844 Weyhe