Terms and Conditions (GTC)

for the sale of goods and provision of services by Opitz Packaging Systems GmbH, Kalefeld
As of: February 2021

I. General information

1. Our General Terms and Conditions apply exclusively. Deviating terms and conditions will only be recognized if we expressly agree to them. These General Terms and Conditions apply to all business relationships with entrepreneurs, legal entities under public law, and special funds under public law.

2. Our offers are subject to change and non-binding. We reserve the right to make reasonable technical changes. We retain ownership rights and copyrights to documents such as drawings and cost estimates.

3. By placing an order, the entrepreneur makes a binding declaration of their intention to purchase the goods or services. We can accept the offer within two weeks in writing or by delivery/performance.

4. For electronic orders, we will save the contract text and send it by email upon request.

II. Prices and terms of payment

1. Prices are ex works, excluding packaging and insurance, plus statutory value added tax. Value added tax does not apply to export deliveries. Prices are valid for up to four months after the order is placed.

2. Payment plan:

• 40% upon order confirmation (within 10 days)
• 50% upon acceptance at the factory or delivery
• 10% no later than 6 weeks after acceptance

In case of late payment: interest at 8% above the ECB base rate.

3. Bills of exchange and checks are only accepted on account of performance.

4. Retention of title until full payment has been made. Claims arising from resale are assigned as security.

5. In the event of default of acceptance: lump-sum compensation amounting to 25% of the purchase price (proof of lesser damage possible).

6. The entrepreneur must inform us immediately in the event of access by third parties or damage to the goods.

7. In the event of conduct in breach of contract (e.g., default in payment), we may withdraw from the contract and demand return of the goods.

8. Offsetting and retention are only permissible in the case of undisputed or legally established claims.

III. Delivery and transfer of risk

1. Delivery is ex warehouse. Risk is transferred to the entrepreneur upon handover or shipment.

2. Delivery dates are only binding if confirmed in writing. The delivery period begins after receipt of all documents and the down payment.

3. In cases of force majeure or delivery obstacles beyond our control: extension of the deadline or withdrawal possible.

4. Transfer of risk upon handover to the carrier or after acceptance. In the event of default of acceptance: transfer of risk likewise.

5. If shipment is delayed at the request of the entrepreneur, storage costs will be incurred (at least 0.5% of the invoice amount per month).

6. Partial deliveries are permissible, provided they are reasonable.

IV. Warranty

1. Repair or replacement at our discretion. Replaced parts become our property.

2. If subsequent performance fails: reduction or withdrawal (in the case of significant defects).

3. Notice of defects:

• Obvious defects: within two weeks of receipt
• Hidden defects: within 2 weeks of discovery

4. No additional compensation in the event of withdrawal.

5. No warranty in case of improper use or installation, natural wear and tear, etc.

6. Own repairs or modifications: exclusion of liability.

7. Infringement of property rights: Right of use or modification – withdrawal possible if necessary.

8. Obligations to grant exemption only apply in the event of timely notification, support, and no fault on the part of the entrepreneur.

9. Limitation period: 1 year from delivery or performance.

V. Liability

1. Unlimited liability in cases of intent, gross negligence, and injury to life, limb, or health.

2. In the event of gross negligence on the part of simple vicarious agents: limitation to foreseeable damage.

3. In cases of slight negligence: Liability only in the event of a breach of essential contractual obligations, also limited.

4. Any further liability is excluded, except for product liability.

5. The statutory deadlines apply.

VI. Software use

1. Use permitted only on specific device. No multiple use.

2. Only reproduction or editing permitted by law (§§ 69a ff. UrhG). No changes to copyright notices.

3. All rights remain with us or the software supplier. No sublicenses.

VII. Place of performance and jurisdiction

1. The place of jurisdiction is our registered office, provided that the contractual partner is a merchant or a public-law entity or does not have a domestic place of jurisdiction.

VIII. Applicable law

1. German law applies. UN sales law is excluded.

2. Should individual provisions be invalid, the remaining provisions shall remain valid. A replacement provision that is as equivalent as possible shall apply.