General Terms and Conditions (GTC) of Parco-Pack GmbH

§ 1 - areas of application

The following terms and conditions apply to all deliveries and services. Any different purchasing conditions of the customer are hereby expressly rejected. Such purchase conditions only apply if they are expressly confirmed in writing.

These terms and conditions also apply to all future business with the customer, insofar as they are legal transactions of a related nature.

§ 2 - Prices and terms of payment

The prices in EURO valid on the day of delivery apply plus the applicable VAT amount. Unless otherwise agreed in writing, our prices apply ex works (duty unpaid) exclusive of special packaging and pallets. Packaging costs plus VAT at the currently applicable rate will be invoiced separately.

Payment of the purchase price has to be made exclusively to the account mentioned overleaf. The deduction of a discount is only permitted with a special written agreement.

Unless otherwise agreed, the purchase price is payable net without deduction by the date mentioned or 30 days after the invoice has been issued.

Interest on arrears will be charged at a rate of 8% pa above the respective base rate of the ECB. The assertion of a higher damage caused by default remains reserved.

Unless a fixed price agreement has been made, we reserve the right to make reasonable price changes due to changes in wage, material, raw material and distribution costs for deliveries made 3 months or later after the offer has been submitted.

§ 3 - delivery dates

The start of the delivery time specified by us presupposes the timely and proper fulfillment of the purchaser's obligations.

We strive to meet the specified delivery times. However, these are non-binding due to the dangers and peculiarities of production and finishing, unless expressly agreed otherwise. Our contractual obligations are subject to our own correct and timely delivery by our suppliers.

All confirmed dates are therefore approximate dates, so that a possible delay in production and finishing does not constitute a contractual penalty or other claims for damages.

All dates that were mentioned before the arrival of all documents / documents that are necessary for processing the order are non-binding. Dates can only be definitively confirmed once all the documents required to fulfill the delivery are presented.

§ 4 - Place of performance and transfer of risk

4.1 The place of performance for deliveries is the headquarters of our respective supplying plant. The place of performance for payment is our place of business (delivery conditions ex works).

4.2 If the goods are sent to the purchaser at the request of the purchaser, the risk of accidental loss or accidental deterioration of the goods is transferred to the purchaser when they are sent to the purchaser, at the latest when they leave the factory / warehouse. This applies regardless of whether the goods are shipped from the place of performance or who bears the freight costs.

§ 5 - packaging material

Unless otherwise agreed in writing, we will only take back packaging material to the extent that we are obliged to do so in accordance with the packaging ordinance.

§ 6 - Provided documents

We reserve the property rights and copyrights to all documents provided to the customer in connection with the placing of the order, such as calculations, drawings, etc. These documents may not be made accessible to third parties unless we give the customer our express written consent. If the order is not placed, these documents must be returned to us immediately.

§ 7 - Warranty for material defects

7.1 Defects must be reported immediately, but no later than 10 days after receipt of the goods at the delivery address, otherwise the goods are considered approved.

7.2 Claims for material defects become statute-barred 12 months after delivery of the goods we have delivered to our customer. Prior to returning the goods our permit is to be requested.

7.3 We assume no responsibility for any incompatibilities between our goods and their finishing and accessories that have not been ordered from us in the overall property. The same also applies to the goods we deliver and the contents. No claims for damages arise in this regard. Furthermore, we reject any claims for damages or complaints for goods delivered by us as soon as the customer processes or transports these goods.

§ 8 - Liabilities of measurements, weights and receipt of delivery
8.1 Weight, nominal content and dimensions are only approximate.
8.2 Our samples are non-binding type samples. We do not assume any liability for the identity of the delivered goods with the sample or with previous deliveries.

8.3 Production-related deviations in the delivery quantity of more than or less than 25% are possible. The amount delivered is used for billing.

§ 9 - retention of title

The delivered goods remain the property of Parco-Pack GmbH until the customer has paid all claims resulting from the joint business activity that Parco-Pack has against him now and in the future. We are entitled to demand the return of the goods if the customer behaves contrary to the contract.

The customer is entitled to process and sell the goods, taking into account the following conditions:

Insofar as the goods are processed or transformed by the customer, we are deemed to be the manufacturer within the meaning of Section 950 of the German Civil Code (BGB) and acquire ownership of the intermediate or end products. The processor is only the custodian. If the reserved goods are combined or processed with other items that do not belong to us, we acquire joint ownership of the new item in the ratio of the value of the reserved goods to the other items.

As long as ownership has not yet passed to him, the customer is obliged to treat the goods with care. In particular, he is obliged to insure them adequately at replacement value at his own expense against theft, fire and water damage. If maintenance and inspection work has to be carried out (e.g. cleaning of the bottles in the event of longer storage), the customer must carry this out at his own expense. As long as ownership has not yet passed, the customer must inform us immediately in writing if the delivered item is seized or exposed to other interventions by third parties. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 of the German Code of Civil Procedure, the customer is liable for the loss incurred.

When taking them back, the goods must be handed over in such a way that they can be sold again. Any cleaning or repairs must be paid for by the customer.

All tools for the production of customer-specific molds remain the property of Parco-Pack GmbH, even if they have been paid in full.

§ 10 - Applicable law and place of jurisdiction

10.1 This contract and all legal relationships between the parties are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG).

10.2 The place of jurisdiction for both parties is our place of business in Constance.

10.3 Changes and additions to this contract must be made in writing. This also applies to changes to this written form clause. Oral side agreements were not made.

Every order must be made in writing and is confirmed in writing by an order confirmation. Cancellations must also be made in writing, no later than 8 weeks before the start of production.

§ 11 Severability Clause

Should individual provisions of this contract not be legally effective in whole or in part or become legally ineffective, this shall not affect the validity of the rest of the contract. In this case, the parties undertake to replace the ineffective regulation with an effective regulation that, as far as legally possible, comes closest to the economic purpose pursued by the ineffective regulation, taking into account the interests expressed in this contract.

Constance, August 2020