GENERAL TERMS AND CONDITIONS OF SALE
General Packaging GmbH
I. GENERAL PROVISIONS
- The General Terms and Conditions of Sale of General Packaging GmbH (hereinafter referred to as “GTCS”) apply to the sale agreements made between General Packaging GmbH with
- The GTCS shall apply in their entirety, unless arrangements between the parties made in writing (otherwise null and void) provide Such arrangements shall prevail over the provisions of the GTCS.
- Any matters not mentioned hereunder shall be governed by relevant provisions of an agreement, the German Civil Code and other relevant provisions of the German
- The Buyer can access the content of GTCS before the conclusion of the agreement on the website of General Packaging, as well as they can be provided and sent to the Buyer through any available communication means, in particular by e-mail.
- The Buyer can accept the GTCS in any form, in particular implicit, electronic or written Making an order at the Seller shall mean the acceptance of the GTCS provisions.
- If the Buyer maintains business relations with the Seller, the first acceptance of GTCS will relate to all agreements concluded by the Buyer with the Seller until the GTCS are amended or their application is cancelled by the
The terms used in the GTCS have the following meaning:
Seller – General Packaging GmbH with its registered office in DE-51143 Köln / Cologne, Hauptstraße 422, Germany
Buyer – each counterparty of the Seller not being a consumer who concludes a trade agreement with General Packaging GmbH in connection with the conducted business or makes a relevant order relating to the trade offer of General Packaging.
Parties/Party – the Seller and Buyer jointly, the Seller or the Buyer respectively;
Products/Goods – Products/Goods offered by the Seller.
Non-standard Products/Goods – products offered by the Seller, for which stock levels are maintained for a specific client, or which are imported once on an individual order of the Client.
Customised Products/Goods – products offered by the Seller having individual features agreed upon by the Parties, i.e. tape length, core colour, core printing, cardboard printing etc.,
Printed Products/Goods – products offered by the Seller containing a personalised and customer-approved printing on the tape. Transport Defect – damage to the Product purchased from the Seller and delivered to the Buyer, found by the Buyer during the acceptance of the Product in the form of mechanical damages arising during transport of the Goods.
Qualitative Defect – a defect in the Product purchased from the Seller and delivered to the Buyer found by the Buyer during or after the acceptance of the Product, other than a transport defect, reducing the value or usefulness of the Product due to its intended use or lack of features of the Product, of which the Seller expressly assured the Buyer.
Quantitative Defect – quantitative differences between the Product and the Order, invoice and/or consignment note (excluding section 2 item 4) that may occur at any stage of order processing.
Price List – a list of prices applied by the Seller or prices individually agreed with the Buyer.
Order – written declaration of the Buyer, directed to the Seller, including in particular the type of product, its quantity, price, terms of payment, place of execution.
Agreement – a sale agreement concluded in the form provided for by law, including as a result of the Order, under which the Seller transfers the ownership of the Products to the Buyer for consideration and the Buyer is obliged to pay the invoice to the Seller.
Freight Forwarder/Carrier – a company that delivers Goods to the Buyer at order of the Seller.
Delivery Certificate – is a consignment note or international consignment note (CMR), signed by the Buyer at the time of receipt of goods from a representative of the Freight Forwarder or Carrier or a Stock Issue Confirmation.
Production Minimum – the minimum quantity of Goods indicated by the Seller for a single order, different for individual products.
Apparent Defect – a physical defect of the Goods within the meaning of the Polish Civil Code, identifiable at the moment of release of the Goods to the Buyer.
Latent Defect – a physical defect of the Goods within the meaning of the Polish Civil Code, arising before the release of the Goods to the Buyer, which became apparent in the later period.
Force Majeure – any unforeseen circumstances that occurred in connection with the performance of the Agreement, beyond the control of the Parties, such as fire, flood, earthquake, strike, warfare, general shortage of raw materials, energy, serious breakdowns at the Seller’s plant which could not have been prevented by exercising due diligence.
III. MAKING AN ORDER
- The Seller sells only in wholesale quantities and therefore the Buyer is bound by minimum order quantities, different for each product in accordance with the production minima. Where the Seller sells goods from stock for Products such as:
- stretch film – the minimum quantity of goods ordered from the Seller’s stock at a single release must include one
or more pallets (euro-pallet, euro-like or Finnish pallet) or its multiple.
- packaging tapes – the minimum number of homogeneous goods ordered at one time for sale in Poland is a layer (different number of boxes for different products) but only if all ordered tapes are not less than 0.5 pallet or its multiple (in combination with 2-3 products), and for export sale it is 1 pallet of homogeneous goods (or its multiple) or the multiple of goods completed where the product of one type is the minimum layer. This requirement does not apply to printed
- The basis for the conclusion of the sale agreement is the submission of a written order by the Buyer. The Agreement shall be deemed concluded at the moment of written confirmation of the Order by the Seller’s representative by e-
- The order can be made by the Buyer in one of the following ways:
- Sending an order to the direct e-mail address of the Seller’s
- Making an order by telephone at the telephone number of the Seller’s
- The Seller has the right to record an entire telephone conversation with the
- The order made by the Buyer and accepted (confirmed) for execution by the Seller should include:
- Information on the Buyer: name, address, number in the register of entrepreneurs kept by the National Court Register, Tax Identification Number (NIP).
- Specification of the type of the ordered goods, trade name, dimensions and other necessary parameters of the
- The unit net price of the Product in accordance with the Price List or otherwise agreed between the
- Specification of the place of delivery of goods.
- Specification of the name, surname, telephone number and e-mail address of the person making the order on behalf of the
- Confirmation of acceptance of the finished graphic design if the order relates to customised or printed
- Making an order by the Buyer does not bind the Seller. Silence of the Seller (no response to the order made by the Buyer) does not mean that the Seller accepts the order with the content sent by the Buyer. Acceptance by the Seller of the order made by the Buyer for execution requires each time a written confirmation by the
- The Seller reserves the right to conduct the verification process of each Buyer’s Therefore, the Seller may
refuse to accept the order without stating a reason.
- All agreements, assurances, promises and warranties made orally by the Seller’s employees in connection with the Agreement or making an offer are not
- Any information, catalogues or Seller’s Price Lists addressed to the Buyer do not constitute an offer within the meaning of the Polish Civil Code, but only an invitation to negotiate. Any correspondence addressed to the Buyer, including the GTCS, is only a response to the inquiry and presents the product range being the subject of the inquiry and the
IIIa. MAKING AN ORDER and WAREHOUSING FOR NON-STANDARD, CUSTOMISED AND PRINTED PRODUCTS
- To execute an order for a customised or printed product, the Buyer is obliged to deliver with the order an accepted graphic design received from the Seller. From this moment on, the order completion date (for orders with a trade credit granted) starts to
- From the date of order confirmation, the Buyer is not entitled to make any changes to the Any change to the Order shall be deemed a new Order which does not cancel the previous one.
- In case of resignation from an order accepted for execution, the Buyer shall be entitled to claim all costs related to its
- To any matter not regulated in item IIIa, the other provisions of the GTCS shall apply
IV. CONDITIONS OF ORDER EXECUTION
- The Order shall be executed on standard dates accepted by the Seller and taking into account the availability of the
- The Seller shall be entitled to partial deliveries at each and every
- Making an order obliges the Buyer to collect the Product on the date set by the
- In the case of ordering any quantity of Products, the cost of delivery shall be borne by the Buyer, unless the Parties have agreed otherwise.
- The Seller can make the order execution conditional upon the previous payment of an advance in a specified amount or expressed as the percentage of the order value.
- In case of prepayment or payment on the day of delivery on the basis of a pro forma invoice delivered to the Buyer, the Seller shall proceed to the execution of the order or shall make the goods available to the Buyer only after the money has been credited to the Seller’s
- The Buyer independently assesses the suitability of the Products for the intended purpose. The Seller shall not be liable for the use of the Product contrary to the indications of the Seller or the manufacturer, as well as for incorrect or improper interpretation of information and technical data contained in catalogues and other materials provided or made available to the
- If, after the conclusion of the Agreement, for reasons beyond the Seller’s control, it is not possible to perform the Agreement within the agreed time, the Seller shall immediately notify the Buyer thereof. In such case, the Buyer shall not be entitled to any claim for damages due to the change of the execution date of the
- The Seller shall not be obliged to execute the Order, if for reasons beyond its control, in particular as a result of actions of the Buyer, third parties or Force Majeure, the performance of the Agreement will be impossible or significantly In such case, the Seller shall immediately notify the Buyer of this fact and in the absence of other arrangements between the Parties, the Agreement shall be terminated. In such case, the Parties shall not be entitled to any claims for damages or other claims of a similar nature related to the termination of the Agreement.
- The Buyer may not withdraw from the Order or the Agreement if the Order has already been partially completed or commissioned to be
- The Product may be returned only after the Buyer has obtained consent from the Seller to return the Product; the consent must be expressed in writing to be valid. Returns may be made only within 7 days from the date of invoicing by the Seller, in original packaging packaged by the
- The Buyer is obliged to properly secure the returned Products during
- The costs of transport and, if applicable, customs duties related to the return of the product shall be borne by the
V. DELIVERIES AND WAREHOUSING
- Delivery of goods shall be made to the indicated address on the territory of Europe under the Incoterms
- Unless the Agreement, Order or other arrangements between the Parties provide otherwise, the Seller selects the Carrier or Freight Forwarder and undertakes to prepare the Product for shipment in accordance with the packaging standard adopted by the Seller and accepted by Carriers or Freight Forwarders, unless the Buyer specifies the method or type of packaging in the Order, and this method is accepted by the
- The materials used for packing the products are at the Seller’s expense and are not
- Deliveries can be made by the Seller with parts and from different locations. The final specification of the quantity, type and date of delivery is the responsibility of the
- In any case, the Seller has the right to make deliveries earlier than specified in the Agreement, Order confirmation or other arrangements between the
- In the case of own receipts, where the final destination are other countries, it is necessary to provide confirmation of the Buyer’s export of the Product. A failure to provide such confirmation within 7 days of the date of sale may result in VAT being charged at the applicable rate or in the Buyer being charged with other costs under applicable legal provisions, or under possible administrative decisions of the relevant state authorities (including customs authorities) imposed on the Seller on this account.
- The product is delivered by the Freight Forwarder to the delivery address specified in the Order. If, after making an order, the Buyer informs about the change of the above mentioned address, it is obliged to bear the costs resulting
VI. RECEIPT, LIABILITY FOR DEFECTS AND COMPLAINTS
- The Buyer shall confirm the receipt of the goods on the Delivery If the Buyer collects the product from the Seller’s
warehouse, the Buyer shall confirm the receipt of the product on the Stock Issue Confirmation.
- Signing the Delivery Certificate or the Stock Issue Confirmation shall be tantamount to stating the conformity of the delivered products. Any reservations to the delivered goods must be noted on the Delivery Certificate or the Stock Issue
- Upon receipt of the Goods, the Buyer is obliged to examine it thoroughly against any damages arising during transport or apparent quantitative or qualitative defects.
- In case of any losses, damages or apparent or latent defects arising during transport, the Buyer is entitled to perform all necessary actions to determine the liability of the Carrier or the Freight Forwarder. The Buyer is obliged to describe these defects in the Delivery Certificate in the presence of the driver, who should verify the findings of the Buyer, and if the defects are confirmed, they should confirm that by a note in the Delivery Certificate. The Buyer is obliged to immediately, but no later than within 3 working days, provide the Seller with all documents and information related to the transport defect, including photographic documentation illustrating and confirming the damage, under pain of losing the possibility to claim compensation on this
- If the Seller organises transport, it shall inform the Buyer of a filed complaint to the relevant Carrier or Freight Forwarder. The Buyer is obliged to cooperate with the Seller and follow its instructions during the complaint proceedings. The refusal to cooperate may result in rejection of the complaint by the Carrier or Freight Forwarder. The Seller shall not bear any responsibility for the date of consideration of the complaint by the Carrier or the Freight
- In the case of apparent quantitative and qualitative defects revealed at the time of receipt of goods, other than damage during transport, the Buyer is obliged to report them to the Seller no later than within 2 working days from the date of receipt of goods under pain of losing the possibility to seek compensation on this
- In the case of latent quantitative and qualitative defects other than damage during transport, the Buyer is obliged to report them to the Seller no later than within 7 working days from the date of stating the damage for complaint under pain of losing the possibility to seek compensation on this
- The Buyer has an obligation to properly secure the Products being the subject of the
- Each complaint should be made in writing, by e-mail, addressed to the Seller’s representative. The Buyer is obliged to provide the name of the product to which the complaint relates, the quantity of the product being the subject of complaint, the exact description of the reason for the complaint, the number of batch to which the complaint relates. In any case, the Buyer is obliged to send to the Seller, at its own expense, samples of defective Products originally purchased from the Seller and photographs of defective Products in accordance with the Seller’s
- The time limit for the Seller to consider the complaint is 14 working days and shall run from the moment the Buyer meets all formal requirements in this respect specified in the GTCS. The said time limit may be extended due to circumstances necessary for the proper consideration of the complaint (such as: the need to submit additional samples of Products, other materials, conduct tests, etc.) or for other reasons beyond the Seller’s control. The Seller shall immediately inform the Buyer of extension of the time limit to consider the
- In the event a complaint is accepted:
- for quantitative defects, excluding item XV subitems 3a, b
- when the quantity of delivered Products is lower than required, the Seller shall deliver to the Buyer a missing quantity of Products,
- when the quantity of delivered Products is higher than required, the Seller shall collect the surplus of the Products within the time limit agreed by the
In the event that the collection or delivery of surplus or shortage of goods proves impossible or economically unjustified, the Seller, at its own discretion, may use another method of resolving the complaint (including granting an appropriate discount).
- for qualitative defects – at its own discretion the Seller shall replace the defective Products with the Products free from defects, remove the defects or withdraw from the Agreement in the part relating to the defective The Seller, at its own discretion, may use another method of handling the complaint (including granting an appropriate discount);
- in case of defects arising during transport, the Freight Forwarder or Carrier shall pay the Buyer the compensation
- Delivery of Products free from defects shall take place on the terms provided for in the original delivery, on a date agreed by the
- Only an original Product purchased at General Packaging GmbH may be subject to
- A repeated complaint concerning a quantitative or qualitative defect in the Product based on the same reservations shall be deemed ineffective and shall be
- Unless the Agreement, Order confirmation or other arrangements between the Parties provide otherwise, the aesthetics of the packaging of the Products shall not constitute a defect in the Product and shall not be subject to
- In accordance with Article 558 1 of the Polish Civil Code, the application of provisions on warranty shall be excluded.
- In the event of an unfounded complaint, the Buyer shall be obliged to collect the goods being the subject of complaint at its own expense within the time limit indicated by the Seller and to cover the costs of the complaint
- If the complaint requires an expert’s visit on site and proves to be unjustified, the Buyer shall bear its The Seller shall
determine whether the expert’s visit is necessary.
- A complaint will not be considered if:
- The product was processed and packaged by the Buyer or a third
- It was filed after the time limit
- The quality of the Product corresponds to the quality specified in the technical data sheet of the Product
- The Buyer did not use the Product in accordance with its intended
- The Customer stored and used the product contrary to the conditions of storage and use described in these GTCS
- The Buyer did not deliver defective
- Defects in the part of the goods do not entitle to complain against the entire
- In the event of accepting a complaint about the Goods and Services related to an incorrectly addressed shipment due to the fault of the Seller, the Seller shall bear the costs of collecting the goods from the
- Any claims of the Buyer concerning the complaint shall not release the Buyer from the obligation to pay for the delivered Product or from the obligation to accept and pay for subsequent deliveries. Relevant corrections will be made by the Seller immediately after the complaint is deemed justified.
VII. PRICES AND TERMS OF PAYMENT
- The Products are sold at the prices determined individually for the Buyer by the Seller’s representative. These prices, depending on the expectations given by the Buyer, may be net prices only, may include transport costs, customs duties, custom packaging costs, other fees or The component prices are each time specified by the Seller in the offer and charged to the Buyer unless otherwise agreed by the Parties.
- Prices given in the offer are net prices and are subject to increase by VAT at the rate in force on the date of issue of the VAT
- The validity term of the prices presented to the Buyer by the Seller is each time specified in the offer, but it may not exceed 90
- Change of the price of Products after making the Order but before its confirmation by the Seller requires notification to the Buyer, who has the right to withdraw from the
- The Seller reserves the right to unilaterally change prices at any time in the event of changes in the amount of taxes, customs duties or in the event of increases in exchange rates, prices of raw materials, packaging, energy, transport
- In domestic trade, the price may be quoted in Polish zlotys or as an equivalent of a specific amount expressed in a foreign
- If it is not determined otherwise, the payment for a VAT invoice shall be made by the Buyer in the currency indicated on the
- Invoices will be delivered by e-mail and the Buyer shall authorise the Seller to issue and send VAT invoices in the electronic
- The Seller shall sell the Products on the following terms: prepayment, payment on the day of delivery using a fast sorbnet transfer and on trade credit in the event of its granting to the Buyer by the Seller. The granting of credit will be preceded by a risk assessment by the Seller, who may request the Buyer to provide financial data, references or adequate collateral. If the Buyer fails to cooperate in this respect, this may result in refusal to grant a trade credit. The right to trade credit expires when the Buyer is in default of payment for any
- The standard term of payment of VAT invoices to the account indicated on the invoice in the case of granted trade credit is 7 days from the date of their issuance, unless the Parties agree otherwise. The payment is made by a transfer to the Seller’s bank account, and the date of payment shall be the date of crediting the funds on the Seller’s bank account in the full amount specified on the VAT The costs related to the execution of transfer, including the costs of any bank operations related to the currency conversion shall be borne by the Buyer.
- In the case of prepayment or payment on the delivery date, a failure to pay in time may result in the withdrawal by the Seller from the execution of the Order made by the Buyer and in the case of a failure to pay on the delivery date, the Seller may additionally charge to the Buyer the costs of downtime of a vehicle or transport to the
- If the Buyer fails to pay for the delivered Products on time, the Seller shall be entitled, at its sole discretion, to withdraw from the deferred payment date, suspend the performance of deliveries of the Products and refuse to accept a new Order.
- A failure to pay on time by the Buyer in the territory of the Republic of Poland entitles the Seller to charge statutory interest at the rate specified in the Act of 8 March 2013 – on Payment Dates in Commercial Transactions (Journal of Laws of 2013, item 403, as amended).
- The Buyer may not set off any of its claims towards the Seller against the Seller’s claims towards the Buyer without the Seller’s consent which must be given in writing to be
VIII. STORAGE AND USE OF PRODUCTS
- The Buyer is obliged to store, warehouse and use the purchased goods in appropriate conditions, e.:
- Stretch films and packing tape should be stored vertically in roofed warehouses not exposed to direct contact with the sun or rain and where the temperature is not lower than plus 5 degrees Celsius and not higher than 30 degrees Celsius and the humidity not higher than 80%. Products should be stored at least 2 metres away from active heating appliances, strong oxidizers, acids, bases and other Compliance with the above conditions enables proper processing of films and tapes while maintaining their properties,
- During the period of high temperatures outside – above 30 degrees Celsius, and of very low temperatures
– below plus 5 degrees Celsius – in order to maintain the expected parameters of stretch film, it is necessary to observe the storage and warehousing conditions specified above and the rule that after the transport process it is necessary to subject it to the “seasoning” consisting in placing the film for at least 24 hours for rolls weighing up to 20 kg and at least 48 hours for rolls weighing more than 20 kg in a dry warehouse, at temperatures from plus 18 degrees Celsius to plus 25 degrees Celsius to prevent the occurrence of possible problems with its use.
- When storing or transporting the adhesive tape at temperatures below plus 5 degrees Celsius, the tape must be kept at a temperature above 20°C for not less than 24 hours before
- The optimal conditions for using the adhesive tape are from +18°C to +30°C, relative humidity from 30% to 80%. Low temperatures and low or too high humidity reduce the adhesive properties of the adhesive tape. In periods of low humidity (e.g. winter) it is recommended to use tapes with a thicker layer of
- It is recommended not to apply adhesive tape at temperatures below +5°C or relative humidity above 90%.
- It is advisable to keep sealed boxes in a warm room for at least 12 hours, preferably 24 hours, before sending them to a cold
- Sealed and maintained at room temperature, the boxes can be transported and stored in negative temperatures down to -40°С.
- The adhesive tape must be applied only to the clean, dry surface of the cardboard boxes. Dust and substances which absorb part of the adhesive layer and reduce the contact surface, such as silicone, paraffin, wax, oil, surfactants and others, shall not be present on the surface of the cardboard. Tools and equipment as well as hands should be clean from surfactants.
- During manual and machine sealing of boxes, the adhesive tape should be placed symmetrically on both flaps of the boxes, without tilting. On the sides, the adhesive tape should overlap the box itself by no less than 5 This is necessary to keep the box flaps closed. When applying, avoid placing excessive tension on the packaging tapes. This can lead to tilting, deformation and opening of the box as a result.
- To ensure a high quality of adhesion of the tape to the cardboard, the tape should be applied with sufficient and uniform pressure. This will create the appropriate contact surface and will remove air bubbles from the connection
- When applying an adhesive tape with a thin adhesive layer on strongly curved surfaces (overfilled boxes), the opening force of the box covers is too great and the cohesion too small to keep the box closed. If the surfaces to be glued are concave (e.g. a half empty box), the tapes with a thin adhesive layer will spring (dent), which will not allow making a strong bond to the surface. It is recommended to adjust the tape type and testing method to the actual packaging
- For thick, rigid surfaces (e.g. boxes made entirely of recycled paper, five-layer rigid cardboard, etc.), it is recommended to use tapes with a thicker adhesive layer to maximise the contact surface or to use a different width of tape, e.g. not 48 mm but 75 mm. If the same boxes differ in colour or come from 2 different suppliers, the properties of these boxes are different and they may require different tapes. Optimum thickness and width are selected by
- The maximum adhesion of the tape is reached up to 24 hours after the adhesive has been
- It is recommended to systematically check the tools and machines for gluing with adhesive They may be contaminated and the elements affecting the quality of the adhesive may need to be replaced.
- Protect the adhesive tape from direct
- Do not stack pallets of adhesive
- Original wrapped stretch film can be stacked up to a maximum of 2 pallets, with due Pallets must be separated by a thick cardboard spacer to avoid damage to the film. Damage to the upper layer of the film
caused by improper protection of the film during stacking means that the Buyer has not complied with the conditions of storage and warehousing of the film. This does not constitute the basis for Seller’s liability for damage and does not justify the complaint.
- Stretch films and adhesive tapes are not suitable for direct contact with food. The use of foil for contact with food by the Buyer is its sole responsibility, both with respect to the foil and the food product packed in
- Before using the jumbo stretch film, it is necessary to unwind the first 10-15 metres of the roll, which are the technological end of
- The stretch film is covered by a 12-month warranty counted from the production date, unless the technical data sheet of the
Product or the manufacturer’s terms and conditions state otherwise.
- Adhesive tapes and adhesive tapes with a logotype made by a interlayer printing method are covered by a 18-month warranty counted from the production date, unless the technical data sheet of the Product or the manufacturer’s terms and conditions state otherwise.
- The warranty conditions for the Products are specified in the individual technical data
- The warranty does not cover, among others, defects resulting from normal wear and tear, damage, destruction, improper storage of the Product, use of the Product not in accordance with its intended use or improper selection of the Product for the Buyer’s
- A failure to notify the Seller in writing of a latent defect in a Product or Service within 30 days of its detection by the Buyer causes the loss of rights on account of warranty.
- Products for which the Parties agreed that they are incomplete or if the Buyer knew of their defect at the time of concluding the Agreement, placing an order, presenting an offer or in other cases, are not subject to
- Contractual liability of the Seller for non-performance or improper performance of the obligation resulting from a given Agreement shall be limited to the actual damage and shall not exceed in total 100% of the net price for Products for which the non-performance or improper performance of the Agreement
- Liability for defects in quality and quantity shall be limited exclusively to the obligations indicated in these GTCS and shall not cover the compensation, in particular shall not cover the Buyer’s right to request the Seller to remedy the damages in the form of a loss of expected benefits, profits, losses of production nature, obligations undertaken towards the third parties
- The Seller shall not be liable for any damages, including indirect or consequential damages or lost benefits, if such damages were suffered by the Buyer as a result of improper performance or non-performance of the obligation by the Seller or in connection with improper use of the Products by the
- The liability of the Seller shall be excluded in the event of force majeure or any other circumstance, the occurrence or course of which is beyond the Seller’s control, such as: strike, customs, currency and energy restrictions, common shortages of Products, extraordinary decision of authorities or delay of Seller’s suppliers or carriers caused by any of the above
- The Buyer assures that all works in the form of graphic, word and graphic marks, names, logotypes, images, etc. made available to the Seller under the Agreement do not infringe the rights of third parties under copyrights, industrial property rights or other intellectual property rights and that the Buyer holds copyrights to them and is entitled to use them in the scope of the Agreement as well as are free from any physical and legal defects and fit for the agreed
- If the Buyer infringes the above obligation, it undertakes to repair the damage to the Seller in full amount or to enter into rights and obligations of the Seller in the case of claims of third parties directed to the Seller by way of out-of-court, court or amicable
- Within the scope of any materials (graphic marks, names, logotypes, images, patents, graphic designs containing the above mentioned elements, forms, layout etc.), the Seller shall not transfer any intellectual property rights to the Buyer under the Agreement or grant any licences. The Buyer shall not be able to make any changes in the content of the above mentioned materials prepared, transferred or made available to the Buyer by the Seller or otherwise obtained by the Buyer. Any legal and financial consequences of changes made by the Buyer in the above mentioned materials without the Seller’s written consent shall be borne by the
XII. DISPUTE RESOLUTION AND GOVERNING LAW
- Any disputes shall be settled by the Parties by the materially and locally competent commercial court for the registered of the
- To any matters not regulated herein the provisions of the Agreement, Polish Civil Code and other generally applicable provisions of law shall
XIII. INFORMATION ON PERSONAL DATA PROCESSING
In accordance with Art.13 (1-2) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Official Journal of the European Union L 119, p. 1) – hereinafter GDPR – we inform that:
1. Controller of Personal Data
General Packaging GmbH with its registered office in DE-51143 Köln / Cologne, Hauptstraße 422, Germany
2. Data Protection Officer
The Company does not appoint the Data Protection Officer. In any matters relating to data processing, you may contact the Controller at e-mail email@example.com or by mail to the address: Köln DE-50667, Unter Sachsenhausen 5-7
3. Purposes and bases of processing
Purposes and bases of personal data processing will be compliant with the GDPR provisions at any time. The basis for data processing may be a consent for their processing, performance or conclusion of an agreement, legal obligation of the Controller or legally justified Controller’s interests.
In the case of data processing on the basis of the consent, you have a right at any time to withdraw this consentfor personal data processing, however, the withdrawal of consent does not affect the legality of processing which was made on the basis of the previously granted consent, before its withdrawal.
4. Right to object
At any time, the person whose personal data are processed has the right to object to the personal data processing. The Controller shall discontinue processing of personal data for the purposes specified above, unless they are able to prove that there are important legally justified grounds for the Controller in relation to such data, which are superior to the interests, rights and freedoms of the person whose data are processed or whose data will be necessary for the possible determination, investigation or defence of claims.
At any time, the person whose data are processed has the right to object to the personal data processing for the purposes of direct marketing. If the person whose data are processes exercises this right – the Controller shall discontinue data processing for this purpose.
5. Data retention period
Personal data will be processed as long as there are legal and actual grounds for doing so.
Data processed for the purposes of direct marketing of our products and services may be processed until objections are raised to their processing for marketing purposes or the Controller finds that the data has become outdated.
The personal data made available to the Controller may be accessed by the Controller’s subcontractors, i.e.
- logistics and transport companies providing storage and transport services to the Controller – to a limited extent such as: place of loading/unloading,
- companies providing legal services to the Controller,
- companies providing services related to environmental protection to the Controller,
- companies providing IT services related to direct servicing of the correct functioning of the accounting system,
- claims adjusters – in case of damage
6. Rights of data subjects:
In accordance with the GDPR, a person whose data is processed by the Controller has:
- right to access and correct their personal data and receive their copy;
- right to rectify (correct) their data;
- right to delete data, limit data processing;
- right to object to data processing;
- the right to transfer data;
- right to lodge a complaint with a supervisory
7. Information on the requirement/freedom to provide data
Providing data is voluntary, but it may be necessary to conclude or perform an agreement or other activities.
XIV. FINAL PROVISIONS
- If any of the provisions of GTCS shall be deemed invalid or legally defective, the remaining provisions shall remain in force in the widest extent permissible by the law. The Parties shall immediately take actions to replace the invalid conditions or provisions with the conditions or provisions that are compliant with law or possible to
- The notifications to the other Party shall be made through: letter, fax, courier service or electronic mail. The Buyer shall notify the Seller of any change in the address of the registered office or correspondence address, otherwise deliveries to the last known address of the Seller shall be deemed
- The Buyer shall keep confidential any information or data to which it had access in connection with the conclusion or performance of the
- The Seller may transfer the rights and obligations under the Agreement to a third party it
- The GTCS shall apply as of 2 September
XV. QUALITY STANDARDS
- Technical data sheets specify the quality parameters of the Products and are the only reference in the case of complaint against the
- The Buyer acknowledges and accepts that:
- In the case of stretch film, the thickness of the ordered stretch film may be different from the one specified in the order by a maximum of +/- 2%, the difference in film width may be +/- 1%, while the weight of a particular film roll may vary by +/- 2%.
- In the case of packaging tapes, the general length tolerance for tapes is +/- 1%. Permissible width deviation is +/- 5 mm. Measuring by the Buyer of net or gross weight of the roll or box of self-adhesive tape cannot prove the conformity or non-conformity of products with the technical specifications.
- It is permissible to produce adhesive tape of different thickness, width and length of winding, e. of different technical parameters, after agreement with the Buyer.
- For technological reasons, the Seller reserves the margin of accuracy of the order for:
- Printed tapes of plus/minus 10% in relation to the confirmed quantity of ordered Products, to which the Buyer In such case the Seller shall charge from the Buyer the amount for the quantity of delivered Products.
- Jumbo BOPP whose actual parameters expressed in square metres are known only after its production and may be different from the order In such case the Seller shall charge from the Buyer the amount for the quantity actually delivered.
- In the case of printed tapes, the Buyer approves print colours by the acceptance of codes PMS® (Pantone® Matching System) provided on the graphic design. Colours visible in the graphic design only illustrate the approximate appearance of a given colour and are not its faithful representation and are not a reference to the colour that will actually be printed. If the Buyer sends the acceptance of the graphic design, this shall mean that the Buyer shall take responsibility for the colour selection and the form of A lack of acceptance withholds the execution of the Order.
- For printed tapes it is allowed:
- the discrepancy of Pantone colour on a finished productDE = ± 4 caused by the characteristics of flexographic printing and discrepancies in colour of supplied pigments, acrylic water emulsion, universal colour Relates to no more than 10% of the batch.
- a possibility to shift the logotype (vertically) in relation to the centre by 3-4 mm, depending on the No more than 10% of the batch.
- possibility of matrix mismatch and misapplication of colours by 0.3 No more than 10% of the batch.
- a possibility to change – printing shift by 3% due to the characteristics of flexographic printing. No more than 10% of the
- possibility of having a strip printed on the adhesive tape (oblong transparent, white or other strip – depending on the background or colour of the logotype) at the junction of two logotypes on one regular No more than 10% of the batch.
- possibility of lack of printing in the roll of the tape with the logotype, related to the specificity of the manufacturing technology: stopping of the printing machine, gluing the tape and the inability to
remove fragments without printing on the printing machine, glue application line or cutting. No more than 1% of the batch.
- possibility of the presence of adhesive hinges (no more than two) on the tape with the length of the roll from 300
- The manufacturer (supplier) shall bear no liability for the information content on the adhesive tape and for any damage caused by
- Plates and tools (including: graphic files prepared by Seller’s graphic designers, printing plates, photopolymers, die cutters and other materials necessary for production and prepared to enable production for the Buyer, shall remain the property of the Seller both during and after the termination of
- Each packing tape produced by the Seller is finished with a piece of paper (starter) enabling its easy Due to technological reasons, there is a possibility of lack of pieces of paper or their improper placement in 10% of the delivery. Lack of starters in the above mentioned quantity is not a basis for complaint against the whole batch of goods.
- The adhesive tape is wound on a cardboard and paper sleeve with a diameter of 2±1 mm, it should have a dense winding and an even front (it is allowed to shift the adhesive tape on the front of the roll no more than 0.5 mm).
- Air bubbles and pockets as well as under and between windings which do not affect the performance of the tape are
- One adhesive hinge is permitted during the process of cutting the adhesive
- The adhesive tape does not release toxic substances into the environment, does not cause functional changes in the central nervous system, does not have irritating effects on the skin and mucous membranes, does not have sensitizing and allergenic effects