Terms and Conditions

1. General Provisions

All delivery transactions of the company Bernd Fuchs, hereinafter referred to as FuchsPack, are subject to these General Terms and Conditions. They also apply to all future orders of the buyer regardless of whether reference is made to them in each individual case.

The General Terms and Conditions of FuchsPack take precedence over any other terms and conditions of business and delivery, unless FuchsPack expressly and in writing acknowledges other terms and conditions as binding. No special objection to other terms and conditions of business and delivery is required.

Oral side agreements and subsequent amendments to the contract are only valid if confirmed in writing by FuchsPack.

2. Contract Content

The content of the delivery contract is determined by FuchsPack's written order confirmation. Any objection to our order confirmation must be made immediately, no later than within 8 days.

3. Delivery

a) Delivery Dates

Delivery dates are scheduled according to the buyer's wishes and FuchsPack's delivery capabilities. An obligation to meet agreed delivery dates is assumed only on the condition of an undisturbed operational workflow; in particular, cases of force majeure and other disruptive events at our company, our suppliers, or transport companies — such as operational or traffic disruptions, fire, floods, energy or raw material shortages, strikes, and lockouts — release us from timely delivery.

If an agreed delivery date is exceeded, the buyer has the right to set FuchsPack an additional period of two weeks and, upon fruitless expiration of the period, to withdraw from the contract. Claims for damages due to delivery delays are, to the extent permitted by law, excluded. 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 over the goods to the carrier or other person or institution designated to carry out the shipment.

4. Payment Terms

New customers are supplied on a prepayment basis. Payments must be made within eight days from the invoice date with a 2% discount or within 30 days net without any deduction. FuchsPack is entitled, in the event of exceeding the payment deadline, to charge interest actually incurred from the due date, but at least 2% above the current discount rate of the German Federal Bank.

5. Warranty and Liability

FuchsPack warrants for recognizable and hidden defects of the goods or in the absence of assured properties within 6 months from the day of delivery to the buyer, at its option, by either repairing the goods free of charge or delivering defect-free goods.

If FuchsPack fails to meet these obligations within a reasonable period set by the buyer, the buyer has the right, at their option, to demand a reduction of the purchase price or cancellation of the contract. The buyer is obligated to inspect the delivered goods immediately upon delivery.

Defect notices must be submitted in writing within 10 days of discovery of the defect. After the expiration of this period, warranty claims are excluded. The warranty obligation expires if the delivered goods are altered, improperly handled, or processed by the buyer or a third party.

Any further warranty and liability — regardless of the legal basis — based on negligent breach of contract by FuchsPack, its legal representatives, or vicarious agents is excluded; liability in other cases is limited to compensation for the foreseeable damage at the time of contract conclusion.

6. Retention of Title

FuchsPack retains ownership of the delivered goods until complete payment of all claims arising from business connections with the buyer. The buyer cannot acquire ownership of delivered goods by installing them in other devices. Any processing is carried out for FuchsPack.

When goods are installed into third-party products by the buyer, FuchsPack becomes co-owner of the newly created products in proportion to the value of its goods to the other goods used. The resulting products are considered reserved goods of FuchsPack. The buyer is authorized, revocably at any time, to resell the delivered goods or the items resulting from processing in the ordinary course of business.

The buyer hereby assigns to FuchsPack, by way of security, all claims from resale and from the business relationship with their customers in connection with the resale, including all ancillary rights. Where reserved goods are co-owned by FuchsPack after installation or processing, claims from resale are assigned in the amount of the value of the delivered goods. The buyer is authorized and obligated, revocably at any time, to collect the assigned claims. FuchsPack will release securities to the extent that their value exceeds all claims to be secured by more than 25%.

7. Validity of These Conditions

If individual provisions of these delivery and payment conditions are or become invalid, the validity of the remaining provisions shall not be affected.

8. Applicable Law, Place of Performance, and Jurisdiction

The relationship between FuchsPack and the buyer is exclusively subject to 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 disputes in connection with the contract is Langenfeld. This applies in particular if the buyer moves their domicile or habitual residence abroad after conclusion of the contract, or if their domicile or habitual residence is unknown at the time of filing the lawsuit. If the buyer has their general place of jurisdiction abroad at the time of conclusion of the contract, the court at FuchsPack's registered office shall have jurisdiction.

Terms & Conditions.