General Terms and Conditions (GTC)

1. Scope of Application

1.1. These General Terms and Conditions (GTC) apply to all contracts, deliveries, and services provided by 4Packaging GmbH (hereinafter referred to as the "Supplier") to its customers (hereinafter referred to as the "Client"). 

1.2. Deviating, opposing, or supplementary terms and conditions of the Client shall not apply unless explicitly agreed to in text form (e.g., email) by the Supplier.

1.3. These GTC also apply to all future business transactions between the Supplier and the Client, even if not explicitly referred to again.

2. Contract Formation

2.1. Offers from the Supplier are non-binding unless explicitly stated otherwise. 

2.2. A contract is only deemed concluded when the Supplier confirms the Client's order in writing or commences the delivery or service. 

2.3. Subsequent changes or additions to the contract require written confirmation by the Supplier to be valid. 

2.4. The contract formation is subject to the availability of the goods or services at the time of the order. 

2.5. The Client may accept offers (orders or purchase requests) only within three weeks, starting from the date of the order. The timely acceptance of the offer by the Client is determined by the receipt of the acceptance (order or purchase confirmation) by the Supplier.

3. Prices and Payment Terms

3.1. All prices are quoted in Euros and exclude the statutory VAT unless explicitly stated otherwise. Additional costs such as packaging, freight, insurance, and other ancillary costs will be invoiced separately. 

3.2. Payment must be made within 14 days of the invoice date without deductions unless otherwise agreed. 

3.3. In case of late payment, the Supplier reserves the right to charge interest at a rate of 9 percentage points above the statutory base interest rate pursuant to §288 BGB. Additionally, the Supplier may charge a processing fee of up to €20.00 per reminder to cover administrative costs, unless the Client proves that no or only minimal damage was incurred. The Supplier reserves the right to claim further damages caused by the delay

3.4. The Client may only offset claims that are undisputed or legally established. 

3.5. The Supplier reserves the right to withhold further deliveries or services in the event of payment default.

4. Delivery and Transfer of Risk

4.1. Delivery dates are only binding if explicitly confirmed in writing by the Supplier. 

4.2. Delivery delays due to force majeure or other unforeseeable circumstances, such as disruptions in supply chains, pandemics, or natural disasters, release the Supplier from its delivery obligations for the duration of the disruption. 

4.3. The risk passes to the Client as soon as the goods are handed over to the transport company, even if the Supplier has agreed to bear the transport costs. Unless otherwise explicitly agreed, deliveries shall be made FCA Dissen (Incoterms® 2020). The Client is responsible for all costs and risks associated with the transport from this point onwards.

4.4. The Client is responsible for insuring the goods against transport damage unless explicitly agreed otherwise. 

4.5. Cylinders provided to the Supplier for processing may remain on the premises for a maximum of 90 days, if an order exists but no processing has taken place. After this period, the Supplier reserves the right to return the cylinders to the Client at their expense, following prior written notification.
The Supplier reserves the right to refuse acceptance and storage of cylinders for which no order has been placed.

5. Retention of Title

5.1. The delivered goods remain the property of the Supplier until full payment of the purchase price and all associated costs. 

5.2. The Client is not permitted to pledge or transfer the goods by way of security before ownership has passed. 

5.3. If the goods are processed, combined, or mixed with other items, the Supplier acquires co-ownership of the resulting products in proportion to the value of the delivered goods to the other processed items at the time of processing. This co-ownership shall also apply if the goods are resold before full payment has been made.

6. Warranty

6.1. The Client is obligated to inspect the goods immediately upon receipt and report any defects in writing within 5 working days. 

6.2. In the event of a justified complaint, the Supplier has the right to rectification or replacement. Further claims by the Client, particularly claims for damages or reimbursement of consequential costs, are excluded unless otherwise required by law. If rectification or replacement fails twice, the Client may request a price reduction or withdraw from the contract.

6.3. Warranty claims are excluded for defects caused by improper use, maintenance, or external influences. 

6.4. If the rectification or replacement fails twice, the Client may, at their discretion, demand a reduction in price or withdraw from the contract. 

6.5. The statutory warranty period is 6 months, unless otherwise agreed. This limitation does not apply to damages caused by intent, gross negligence, or other mandatory statutory provisions.

7. Liability

7.1. The Supplier is liable for intent and gross negligence. In cases of minor negligence, the Supplier is only liable for damages arising from injury to life, body, or health or for breach of essential contractual obligations. 

7.2. The Supplier's liability is limited to foreseeable and typical damages arising directly from the contractual relationship.

7.3. Liability for indirect damages, including lost profits, is excluded, except in cases of intent, gross negligence, or mandatory statutory liability, such as under the Product Liability Act.

7.4. The Supplier's liability ends once the Client or the printer has approved production. This refers to the period after machine setup and before color managing. From this point onward, the Supplier assumes no responsibility for any resulting costs or damages.

7.5. Liability under the Product Liability Act remains unaffected.

8. Confidentiality

8.1. The Client and the Supplier agree to treat all information designated as confidential as strictly confidential and not to disclose it to third parties, both during and after the contract term, for a period of two years.
Upon termination of the contract, all confidential information, including copies, must be returned or permanently deleted, unless otherwise agreed or required by law.

8.2. The confidentiality obligation does not apply to information already publicly known or legally obtained from third parties.

9. Data Protection

9.1. The Supplier processes personal data of the Client in accordance with the applicable data protection laws, particularly the General Data Protection Regulation (GDPR). 

9.2. The Client has the right to information, correction, deletion, or restriction of the processing of their personal data at any time. 

9.3. The Supplier may transfer personal data to third parties (e.g., logistics or payment providers) as far as necessary for contract fulfillment.

10. Termination

10.1. Both parties may terminate the contract for good cause without notice. 

10.2. A termination must be made in writing to be effective. 

10.3. Upon termination, the Client is obligated to pay for all services rendered up to that point. The Supplier reserves the right to reclaim any delivered goods.

11. Applicable Law and Jurisdiction

11.1. The legal relationship between the Supplier and the Client is governed by German law under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). 

11.2. The place of jurisdiction for all disputes arising from the contract is the registered office of the Supplier, provided the Client is a merchant, a legal entity under public law, or a special fund under public law. 

11.3. For consumers, the statutory place of jurisdiction applies.

12. Amendments and Final Provisions

12.1. Changes or additions to these GTC must be made in writing.
12.2. Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall not be affected. The parties agree to replace invalid provisions with valid ones that closely reflect the original intent. The same applies to any contractual gaps.

13. Force Majeure

13.1. Force majeure events such as pandemics, strikes, or political unrest that prevent the fulfillment of contractual obligations shall release the affected party from its obligations for the duration and scope of the disruption.
13.2. The affected party must promptly inform the other party of the nature and expected duration of the force majeure event.

14. Compliance with Laws

14.1. The Client is responsible for ensuring compliance with import and export regulations in their respective country.
14.2. The Supplier is not liable for any delays or issues arising from non-compliance with such regulations by the Client.

15. Client Obligations

15.1. The Client is obligated to notify the Supplier of any obvious errors (e.g., typographical or calculation mistakes) and any incomplete information in orders or purchase requests (including attached documentation) prior to acceptance of the contract.
15.2. If the Client fails to fulfill this obligation, the Supplier reserves the right to adjust delivery timelines or associated costs accordingly.

16. Service Modifications

16.1. The Supplier reserves the right to modify the agreed services by providing notification to the Client under the following conditions:
a) A reasonable notice period is maintained, at least five working days before the agreed service delivery time.
b) The modified service can be rendered within the Client's normal business operations without significant additional effort.
c) The agreed service delivery time is adjusted to account for the time required to implement the modification.
d) The Supplier reimburses the Client for any expenses incurred due to the modification, provided such expenses are documented separately.
16.2. The Client must promptly inform the Supplier of any anticipated expenses or changes to the service delivery timeline following receipt of the modification notice.

17. Termination by the Supplier

17.1. The Supplier is entitled to withdraw from the contract if the Supplier no longer has an interest in performing the service due to reasons that arose after the contract was concluded and for which the Supplier is not responsible under the contractual or statutory risk allocation.
17.2. Any partial services already rendered and other expenses incurred for the execution of the contract will be reimbursed upon verification.


Last Updated: January 2025
These General Terms and Conditions apply to all business relationships with 4Packaging GmbH unless otherwise explicitly agreed in writing.

For questions or concerns, please contact us at:

+49 (0) 5421 9314-0
info@4packaging.de