General Terms and Conditions (GTC)

1. General

All supply transactions of the company Bernd Fuchs, hereinafter referred to as FuchsPack, are subject to these General Terms and Conditions. They shall also apply to all future orders placed by the purchaser, irrespective of whether reference is made to them in each individual case. The General Terms and Conditions of FuchsPack take precedence over any other terms of business and delivery, unless FuchsPack expressly acknowledges other terms of business and delivery in writing as binding upon itself. No specific objection to other terms of business and delivery is required.
Verbal side agreements and subsequent amendments to the contract shall only be valid if confirmed by FuchsPack in writing.

2. Content of the contract

The content of the supply contract is determined by the written order confirmation issued by FuchsPack. Any objection to our order confirmation must be raised without delay, and at the latest within 8 days.

3. Delivery

a) Delivery dates
Delivery dates are scheduled in accordance with the wishes of the buyer and the delivery capacities of FuchsPack. An obligation to comply with agreed delivery dates is assumed only on condition of undisturbed business operations; in particular, cases of force majeure and other disruptive events affecting us, our suppliers or the carriers, for example operational or traffic disruptions, fire, flooding, shortages of energy or raw materials, strikes and lock-outs, release us from the obligation to deliver on time. If an agreed delivery date is exceeded, the buyer is entitled to grant FuchsPack a grace period of two weeks and, upon fruitless expiry of that period, to withdraw from the contract. Claims for damages arising from delayed delivery are excluded to the extent permitted by law. FuchsPack is entitled to make partial deliveries.

b) Transfer of risk
The risk of accidental loss or accidental deterioration of the goods passes to the buyer in all cases as soon as FuchsPack has handed the goods over to the forwarding agent or to any other person or institution designated to carry out the shipment.

4. Terms of payment

New customers are supplied against payment in advance. Payments must be made within eight days of the invoice date with a 2% discount, or within 30 days net without any deduction. If the payment deadline is exceeded, FuchsPack is entitled to charge, from the due date, the interest actually incurred by it, but at least 2% above the discount rate of the Deutsche Bundesbank (German Federal Bank) applicable at the time.

5. Warranty and liability

For apparent and hidden defects in the goods, or in the absence of warranted characteristics, FuchsPack provides a warranty for a period of 6 months from the date of delivery of the goods to the buyer, in such a way that it will, at its option, either rectify the goods free of charge or supply replacement goods free of defects.

If FuchsPack fails to fulfil these obligations within a reasonable period to be set by the buyer, the buyer is entitled, at its option, to demand a reduction of the purchase price or the rescission of the contract. The buyer is obliged to inspect the delivered goods immediately upon delivery. Notices of defects must be submitted in writing within 10 days of the discovery of the defect. After expiry of this period, the assertion of warranty claims is excluded. The warranty obligation lapses if the delivered goods are modified, improperly handled or processed by the buyer or a third party. Any further warranty and liability, irrespective of the legal grounds, based on a negligent breach of contract by FuchsPack, one of its legal representatives or a vicarious agent is excluded; liability in all other cases is limited to compensation for the damage foreseeable at the time the contract was concluded.

6. Retention of title

FuchsPack retains title to the delivered goods until all claims arising and yet to arise from the business relationship with the buyer have been settled in full. The buyer cannot acquire title to the delivered goods by incorporating them into other equipment. Any processing is carried out on behalf of FuchsPack. If the buyer incorporates the goods into third-party goods, FuchsPack becomes co-owner of the newly created products in the proportion of the value of its goods to the other goods used. The products created in this way are deemed to be goods subject to retention of title in favour of FuchsPack. The buyer is entitled, revocably at any time, to resell the delivered goods or the item resulting from processing in the ordinary course of its business. The buyer hereby assigns to FuchsPack by way of security all claims, including ancillary rights, to which it is entitled from the resale and from the business relationship with its customers in connection with the resale. Where goods subject to retention of title are co-owned by FuchsPack following incorporation or processing, the claims from the resale are assigned in the amount of the value of the delivered goods. The buyer is authorised and obliged, revocably at any time, to collect the assigned claims. FuchsPack will release the securities to the extent that their value exceeds all claims to be secured by more than 25%.

7. Continued validity of these terms

Should individual provisions of these terms of delivery and payment be or become invalid, the validity of the remaining provisions shall not be affected thereby.

8. Applicable law, place of performance and place of jurisdiction

The relationship between FuchsPack and the buyer is governed exclusively by the law of the Federal Republic of Germany. The place of performance for all obligations arising from the contract is the registered office of FuchsPack.
The agreed place of jurisdiction for all legal disputes in connection with the contract is Langenfeld. This applies in particular in the event that the buyer relocates its place of residence or habitual abode abroad after conclusion of the contract, or that its place of residence or habitual abode is unknown at the time legal action is brought. If the buyer's general place of jurisdiction is abroad at the time the contract is concluded, the court at the registered office of FuchsPack shall have jurisdiction.