The Customer shall check all printed and/or execution documents provided by the Contractor, also with regard to all properties that are material and mandatory for the use of the packaging material. The Customer shall return the signed documents to signal its approval. Any required amendments shall be clearly marked. The Contractor shall not assume liability for any visible defects which the Customer has missed during the check or has failed to complain about, unless the Contractor has fraudulently concealed such defects.
The Contractor generally may deliver volumes which fall short or exceed the target volume by up to 10% if such shortfalls or exceedances are caused by production processes. Unless otherwise agreed, the maximum tolerances for deliveries below 500 kg or of products that are particularly difficult to produce may be increased to 20%.
The order shall be executed in accordance with the general state of the art within the technically required material and process-related tolerances to a quality standard applicable in the industry, unless specific execution standards have been agreed in individual cases with the Customer. Materials of any kind procured by the Customer shall be delivered to our premises free of charge. Their receipt shall be acknowledged without assuming any guarantee for the accuracy of the volume stated to have been delivered. In the event of the Customer providing the paper and/or cardboard, the latter shall not be entitled to the packaging material and waste incurred as a result of unavoidable loss in printing underlays and running-on owing to trimming, punching and similar actions.
Compliance with an agreed delivery period shall require for the Customer to fulfil its obligations (e.g. provision of print documents, approvals of the execution templates, etc.) on time. In the event of the Customer requesting amendments to the order that have an impact on the production time once the order has been confirmed, a new delivery period shall start upon confirmation of the amendment.
Service disruptions – compensation for damages
Due to the consequences of delivery delays, special attention is drawn to the fact that it is necessary to grant an appropriate period of grace. Compensation for damages may only be claimed for acts of malicious intent and gross negligence, and only up to 10% of the order value per week upon expiry of the period of grace for subsequent delivery, but no more than the total order value. The contractually agreed limitation of liability shall not apply to acts of malicious intent performed by the Contractor and apart from that be capped at twice the order value for acts of gross negligence and culpability of the Contractor’s executive employees. Compensation for indirect damages, such as lost profit or covering purchases, shall be excluded. Operational disruptions, both internally and externally, which are crucial to the production and transport of the goods, shall relieve the Contractor from compliance with the delivery period without having to pay any compensation for damages, unless it is possible to remedy the situation on time and without incurring unreasonable costs. Operational disruptions within this meaning are all other barriers which objectively fall outside the Contractor’s scope of control, particularly raw materials and energy shortages, transport bottlenecks, governmental intervention, industrial action, war and call-up as well as extensive fire.
Acceptance shall be based on the contractual agreements. In the event of acceptance being delayed, the Contractor may invoice for any related costs. The quality and hazard risk shall be transferred to the Customer no later than after six months from the agreed initial delivery date.