1. Contract conclusion and contents

For all contracts, our written order confirmation together with these general terms and conditions for delivery and payment are decisive. This is also valid for sales or other legal transactions made by representatives. Purchasing conditions of the client (referred to in the following as "orderer" ) are not our obligation, even if we do not object to them expressly and the orderer does not expressly agree to our general terms and conditions for delivery and payment. With the receipt of our offer, the orderer expresses agreement with these general terms and conditions for delivery and payment. Cancellation, changes or special agreements regarding the contract require our written confirmation. The orderer's rights concerning the contract are only transferable if we have previously agreed to this. The inefficacy of individual parts of the contract does not affect the legal validity of the rest of the contract, and this is subject to the provision of raw materials and foreign exchange, i.e. we are only obligated to deliver the amount that is possible with the provision of raw materials necessary for production at the prices valid on the date of the order confirmation. Special agreements are necessary for deliveries to a foreign country. We are not obligated to send goods purchased within the country to a foreign country and vice versa. All weights specified in offers and order confirmations are calculated theoretically and are non-binding.

2. Prices in an offer

The prices in an offer are non-binding and are listed in euros. If not specified otherwise, prices do not contain value added tax. They are only binding after the order is confirmed by us. Binding offers are only provided after relevant submissions have been made, the offers are otherwise only approximate standard prices. If the goods are to be delivered more than three months after conclusion of the contract, we have the right to make a price correction if the calculation basis changes demonstrably in the meantime, in particular if the prices of raw materials rise.

3. Payment conditions

The invoice (net price plus value added tax) is issued on the day the goods are delivered or partially delivered. The due date for invoices depends on the conditions specified in the offer and order confirmation. Bills of exchange are only taken with prior, special agreement and then only as payment for a debt. The orderer must pay interest and costs regarding discounting or collecting bills of exchange. The day on which the amount is available to us is considered the date of receipt for all payments. If payment is delayed, 5 percent interest must be paid at the respective bank discount rate. If the payment conditions are amended in favor of the client, then the client must pay all credit costs and other costs. If a discount deduction is agreed upon in the contract, then the assessment basis is the full invoice amount (including value added tax). Discounts are subject to on-time payment; that means they are void if payment is received late. We are entitled to require security or pre-payment of the invoice amount if, after acceptance of the order, there is danger of a pecuniary claim. If there is a delay of payment as well as justified doubts about the solvency or the credit-worthiness of the orderer, we are entitled to require pre-payment for pending deliveries and to make the total amount due immediately. In this case, we are not obligated to provide services until the orderer has made all payments. In the case of larger orders, we are entitled to send intermediate invoices and require partial payments according to the services provided. The terms of payment listed above are also valid for partial payments. With export business in particular, the terms of payment will be agreed upon in writing. All outstanding debits to us become due immediately if the orderer claims bankruptcy by initiating insolvency proceedings or claims to be unable to pay in any other way.

4. Deliveries

Deliveries are considered made when leaving the plant, unless something else has been agreed upon. The client is responsible for the delivery, and shipping will be invoiced to them.

5. Terms of delivery / Date of delivery

a. Delivery times begin on the date of our order confirmation, but not before complete clarification of all order details; the same is valid for dates of delivery.
b. The time when sent from the plant is the determining factor regarding adherence to the delivery times and dates. If the goods cannot be sent on time for reasons out of our control, the delivery times and dates are considered to be met when readiness for shipping is declared.
c. If we are prevented from fulfilling our obligations by the occurrence of unexpected events that affect us or our subcontractors and that we could not avoid with reasonable diligence according to the circumstances, e.g., the delivery time is extended by the duration of the following causes of interference plus an appropriate lead time: war, orders of higher authority, civil commotions, forces of nature, accidents, other operational disturbances and delays in the delivery of important supply items or semi-finished products. If delivery becomes impossible or unreasonable because of the interference, we can withdraw from the contract; the buyer has the same right if accepting the delay is not reasonable. Strikes and lockouts are considered interference beyond our control in the sense of this paragraph in all cases.
d. The right of withdrawal entitled to the buyer or to us in accordance with section 4 strictly pertains to the part of the contract not yet fulfilled. However, if partial deliveries cannot be used by the buyer, then the buyer is entitled to withdraw from the entire contract.

6. Delayed delivery

If delivery is delayed for other reasons, the client is only permitted to practice the rights entitled due to these general terms and conditions for delivery and payment after stipulating a suitable grace period.

7. Delayed acceptance of delivery

If the client is delayed in accepting delivery, then we are entitled to the rights specified in § 326 BGB. In addition, we are also entitled to partially withdraw from the contract and require compensation for the remaining part. If the client does not promptly accept the delivery within an appropriate period of time after announcement of completion or notification of shipping or if a shipment is not possible for a longer period of time due to circumstances that we cannot control, then we are entitled to store the delivery ourselves or with a forwarding agency, which is to be paid by the client and is the client's responsibility.

8. Reservation of proprietary rights

We retain ownership of the delivered goods until complete payment of the purchase price has been made. After withdrawal from a contract, we are entitled to demand that the delivered goods be returned to us due to this retention of ownership (§ 449 Par. 2 BGB). If the goods have been used as packaging or merchandise, or have been further processed as packaging material, this does not negate ownership by the contractor. The contractor becomes owner or joint owner of the new item in a ratio equal to the invoice amount for their reserved goods compared to the packaged goods and/or manufactured packaging. As indirect owner of the reserved goods, we have the right to enter the orderer's business and/or stockrooms at any time. With breach of duty by the orderer, delayed payment in particular, we are entitled to demand that the delivered goods are returned even without grace period; the orderer is obligated to return the goods. Demanding return of the delivered goods does not represent a declaration of withdrawal on our part, unless this is stated explicitly.

9. Reclamation

The goods are to be examined immediately after arrival at the destination and be treated with the care of a prudent businessman. Complaints must be submitted within one week after receipt of the goods. The client is obligated to check the delivered goods even if initial samples were sent. Defects to part of the delivery cannot lead to complaints regarding the entire delivery. Only a reduction can be claimed, but not revoking or compensation for damages. We have the right to repair or replace the delivery. Hidden defects that are not found during the initial check can only be claimed if notice of defect arrives at TFA within 2 months after the goods left the plant. Consequential damage connected causally with the delivered goods will not be taken over and will not be recognized.

10. Excess or short deliveries

In general, the full specified order quantity is delivered. The client is obligated to acknowledge excess or short delivery items in the order up to 10 percent. Additionally, the percentage rates for the excess or short delivery are increased by their tolerance limit if the items were procured by us due to the terms of delivery specified by the respective trade associations.

11. Variance from specification

In case of films with a content of recycled material (TEC-PET AR) the proportion of rPET can be adapted according to the availability, without previous notice to the customer.

12. Print approval

Gallery and press proofs must be checked by the client and returned to us with approval for printing. We will not be held responsible for errors that were overseen by the client. Changes submitted by telephone require written confirmation.

13. Limitation of liability

In principle, our liability is limited to unforeseeable damage typical for the contract. We are only liable for deliberate or grossly negligent damage. This limitation is not valid for cases in which a person is injured. Claims for damages fall under the statute of limitations after two years from the time that the entitled person acknowledges that damage has occurred, and after 3 years from the event that caused the damage at the latest. For a duration of 12 months, we guarantee that our deliveries are free of defects. The period begins at the time the goods are delivered to the orderer. Within the context of the guarantee, we limit our obligations to repair and/or replacement as we choose. Liability for consequential damage caused by defects and lost profit is ruled out. The contracting parties' right to withdraw from contracts after unsuccessful repair and/or impossible replacement remains intact.

14. Packaging

The packaging used is determined according to the order confirmation, whereby the pallets, cover boards, crates, etc. remain our property. They must be returned in sound condition within an appropriate period of time. Shipping will be debited to the orderer. Pallets that are not returned or returned in a damaged state will be invoiced at the current replacement price. Packaging material for product protection such as protective plastic film, paper, pallet bands, etc. are to be disposed of by the orderer at their own expense.

It is recommended to remove the outer layer before application with food contact.

15. Storage of finished products

A written agreement is required for the storage of finished products, and we are entitled to separately bill for storage costs. This is valid both for storage at the company Tec-Folien-Allgäu GmbH and for storage at a third party location.

16. Verbal agreements

To be binding, verbal agreements require written confirmation.

17. Place of fulfillment and jurisdiction

The place of delivery and payment as well as the place of jurisdiction for all legal cases, including bills of exchange and proceedings restricted to documentary evidence, that result from this contract is Memmingen.

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