General Terms and Conditions of LENS SEAL®
Our following General Terms and Conditions apply to all contracts for the supply of prefabricated security seals, security labels, security films, dispensing machines and devices and ancillary services.
Offen and contract conclusionß
All offers from LENS SEAL® are subject to change and non-binding.
A contract is not concluded until LENS SEAL® has confirmed the order in writing or delivered the goods to the carrier. Insofar as orders are confirmed by us in writing, their content shall determine the contractual relationship and the scope of delivery in a legally binding manner. In this case, collateral agreements and verbal declarations by our employees shall only become part of the contract if they are confirmed by us in writing.
Delivery of our security seals, security Labels etc.
The delivery is effected at the time of handing over or sending of the security seal(s) etc. The dispatch of our products is in any case at the risk of the buyer. With the delivery of the goods for dispatch the risk is transferred to the buyer. This also applies if freight-free delivery has been agreed. If the goods are to be collected by the buyer, the risk is transferred to the buyer with the notification of readiness.
Proofs and press proofs are to be checked by the customer for typesetting and other errors and returned to the supplier ready for printing. The supplier shall not be liable for errors overlooked by the customer. Changes made by telephone must be confirmed in writing. In the event of changes after printing approval, all expenses including the costs for machine downtime shall be borne by the customer. In the case of colour reproductions in all printing processes, minor deviations from the original are not considered a justified reason for a complaint. The same applies to the comparison between any press proofs and the production prints.
Liability and damage compensation
We shall only be liable for intentional and grossly negligent conduct of our legal representatives and executive employees and for the intentional and grossly negligent breach of primary obligations by other employees.
We are not liable for consequential damages. To the extent permitted by law, LENS SEAL® shall in no event be liable for any damages whatsoever, including without limitation direct or indirect damages for personal injury, loss of profit, interruption of business, loss of business information or any other pecuniary loss, arising from the use of our products or from the fact that they cannot be used.
Circusstances not represented by LENS SEAL®, which
hinder, make difficult or make impossible the procurement, manufacture or dispatch, such as force majeure, war, industrial action, riot, official measures, shortage of energy or raw materials, operational disruptions or failure of deliveries from our suppliers, shall release LENS SEAL® from the obligation to deliver for the period of existence of these circumstances.
If these circumstances continue for more than two months, the buyer shall be entitled to withdraw from the contract.
Prices, payments and fees are indicated in Euro plus the respectively valid value added tax. All invoices are due immediately after the invoice date without deduction.
Unless otherwise agreed, the costs for packaging, freight and dispatch will be invoiced additionally. Withholding of payments due to any counterclaims and the offsetting of disputed or not legally established claims is not permitted. In the event of late payment, we are entitled to charge default interest at a rate of 4% above the discount rate of the Bundesbank (German Federal Bank).
Retention of title
The delivery of security seals, security labels etc. is subject to retention of title. The goods remain our property until full payment of all claims – including future claims.
The buyer undertakes to inspect the goods delivered by LENS SEAL® immediately after delivery or after their own collection and to notify LENS SEAL® in writing of any damage, defects or complaints within 5 working days. If the notification is not made in good time, the buyer’s warranty claim shall expire.
LENS SEAL® cannot guarantee the suitability of our products for the special purpose intended by the buyer. As the application situations for consumables vary greatly in practice, it is absolutely necessary to check the suitability of the products for the specific application by means of tests carried out by the buyer before each application. LENS SEAL® is entitled to display on the Internet all security seals / security labels of the buyer manufactured with and without the customer logo.
Should one of these provisions be invalid, this shall not affect the validity of the remaining provisions. Ineffective provisions will be replaced, if possible, by such provisions which largely achieve the intended economic purpose.
Place of fulfillment and jurisdiction
The place of fulfilment for all obligations from the contractual relationship is Neuhausen a.d.F. / Germany. The place of jurisdiction is Stuttgart / Germany. German substantive law shall apply exclusively.
As of 01/01/2020