1. Scope of Application

1.1 For all reci­pro­cal claims ari­sing from and in con­nec­tion with a con­clu­si­on of a con­tract bet­ween busi­ness cus­to­mers who are not con­su­mers wit­hin the mea­ning of § 13 BGB (Ger­man Civil Code), the­se Gene­ral Terms and Con­di­ti­ons shall always app­ly in their ver­si­on valid at the time of the respec­ti­ve con­tract conclusion.

1.2 Our Gene­ral Terms and Con­di­ti­ons app­ly exclu­si­ve­ly; We shall not reco­gni­ze any con­flic­ting or dif­fe­ring con­di­ti­ons of the cus­to­mer, unless we have express­ly agreed to their vali­di­ty in wri­ting. Our Gene­ral Terms and Con­di­ti­ons of Busi­ness also app­ly if we car­ry out deli­very uncon­di­tio­nal­ly in the know­ledge of con­flic­ting or dif­fe­ring con­di­ti­ons of the customer.

1.3 Our terms of sale also app­ly to all future tran­sac­tions with the customer.

2. Object of the Con­tract, Con­clu­si­on of the Contract

2.1 The order is con­clu­ded by the accep­t­ance of the order by Land­pack GmbH. The cus­to­mer is infor­med about the con­tract con­clu­si­on eit­her by a con­fir­ma­ti­on from us or at the latest by exe­cu­ti­on of the deli­very of the orde­red goods.

2.2 Land­pack GmbH sup­plies the goods orde­red by the cus­to­mer after accep­t­ance of the order. Should we sub­se­quent­ly reco­gni­ze that a mista­ke has ari­sen to the infor­ma­ti­on on a pro­duct, at a pri­ce or to an avai­la­bi­li­ty, we will inform the cus­to­mer immedia­te­ly. This can con­firm the order again under the chan­ged con­di­ti­ons. Other­wi­se, Land­pack GmbH is enti­t­led to with­draw from the contract.

2.3 All descrip­ti­ons, data and illus­tra­ti­ons of the lis­ted items are non-bin­ding. We reser­ve the right to make alte­ra­ti­ons to the design, devia­ting con­di­ti­ons are not valid. The cha­rac­te­ris­tics of the pro­ducts (for examp­le insu­la­ti­on values ​​of the Land­box) are their own expe­ri­ence values ​​and do not repre­sent bin­ding cha­rac­te­ris­tics. Due to the lar­ge num­ber of influ­en­cing fac­tors, cus­to­mers have to check the sui­ta­bi­li­ty of the pro­ducts them­sel­ves for their respec­ti­ve pur­po­ses. Land­pack assu­mes no lia­bi­li­ty whatsoever, which may result from any dama­ges resul­ting from this.

3. Pri­ces

3.1 All pri­ces are net pri­ces and are sub­ject to sta­tu­to­ry value-added tax. Pri­ces do not inclu­de pack­a­ging, trans­por­ta­ti­on and other char­ges. The­se are cal­cu­la­ted and repor­ted sepa­r­ate­ly. Pri­ces are sub­ject to change.

3.2 Cli­chés, tools, other aids and cus­tom-made pro­ducts for the cus­to­mer shall be bor­ne by the cus­to­mer, unless other­wi­se agreed in wri­ting. The cus­to­mer does not acqui­re owners­hip of the­se items nor are we obli­ga­ted to hand them the­se items.

4. Terms of Payment

4.1 The pay­ment of the goods shall be invoi­ced. The cus­to­mer under­ta­kes to pay the invoi­ced amount wit­hin the pay­ment peri­od sta­ted in the respec­ti­ve invoice.

4.2 Pay­ments for par­ti­al deli­ve­ries shall be made in accordance with the invoice. When the pay­ment peri­od is excee­ded, the usu­al default inte­rest is calculated.

4.3 The set-off with other than undis­pu­ted, legal­ly bin­ding, decisi­ve decisi­on-making or claims accep­ted by us is exclu­ded. The cus­to­mer is only enti­t­led to exer­cise a right of reten­ti­on to the extent that his coun­ter­c­laim fol­lows from the same con­trac­tu­al relationship.

4.4 If the cus­to­mer has not per­for­med des­pi­te a pre­vious remin­der, all claims ari­sing from the busi­ness rela­ti­ons­hip, name­ly princi­pal and secon­da­ry claims, inclu­ding other claims from a cur­rent account balan­ce, shall beco­me due immediately.

4.5 If unfa­vor­able cir­cum­s­tan­ces are known to the cus­to­mer, pay­ments for deli­ve­ries alrea­dy made are immedia­te­ly due. In this case, we can make future deli­ve­ries sub­ject to the pri­or pay­ment of the purcha­se pri­ce for the­se deliveries.

5. Deli­very and Dispatch

5.1 Unless other­wi­se agreed, the choice of the ship­ping method and the method of dis­patch is our sole discretion.

5.2 Infor­ma­ti­on on the deli­very peri­od is not bin­ding, unless the deli­very date has been decla­red as bin­ding. If the agreed dead­lines are excee­ded, the cus­to­mer is to be given a rea­son­ab­le exten­si­on. This is usual­ly three weeks. Any kind of addi­tio­nal peri­od starts with the rece­i­pt of the writ­ten post­po­ne­ment with us.

5.3 We are enti­t­led to make par­ti­al deli­ve­ries inso­far as the cus­to­mer is rea­son­ab­le accord­ing to the type and scope of the order.

6. Accep­t­ance and Trans­fer of Risks 

6.1 The risk of acci­den­tal loss and acci­den­tal dete­rio­ra­ti­on of the goods shall be trans­fer­red to the cus­to­mer upon han­ding over the goods to the cus­to­mer upon dis­patch of the goods to the freight for­war­der, the freight car­ri­er or the per­sons and the estab­lish­ment who are other­wi­se inten­ded to car­ry out the dis­patch. The trans­fer shall be deemed to be the same if the cus­to­mer is in default of acceptance.

6.2 Trans­port insuran­ce shall be car­ri­ed out at the expli­cit inst­ruc­tion of the cus­to­mer for his account.

6.3 In the case of goods which are deli­ve­r­ed packed in EUR-pal­lets, the EUR-pal­lets remain our pro­per­ty, should they not be deli­ve­r­ed by the cus­to­mer in advan­ce without freight char­ges or have been exch­an­ged immedia­te­ly upon deli­very of the goods. The cus­to­mer is obli­ged to return the same num­ber of usable pal­lets in an impec­ca­ble con­di­ti­on on every deli­very, or to send the­se EUR-pal­lets back to us wit­hin four weeks of deli­very. If this is not the case, we are enti­t­led to sett­le the­se Euro pal­lets at the time of sett­le­ment for the purcha­se of new pal­lets accord­ing to valid pri­ces. When the invoice is issued, the customer’s right to return pal­lets to us will expi­re. The demand for the return of pal­lets is only four years after deli­very of the last order, which the cus­to­mer has given us.

7. Reten­ti­on of Title

7.1. We retain tit­le to the goods deli­ve­r­ed until full pay­ment of all claims ari­sing from the deli­very con­tract. This also app­lies to all future deli­ve­ries, even if we do not always express­ly refer to them. We are enti­t­led to take back the purcha­sed item if the cus­to­mer beha­ves in bre­ach of contract.

7.2 The cus­to­mer is obli­ga­ted, as long as the pro­per­ty has not yet pas­sed on to him, to tre­at and store the goods accord­ing to the regu­la­ti­ons on food supplies.

7.3 The cus­to­mer is enti­t­led to resell the reser­ved goods in nor­mal busi­ness tran­sac­tions. The Cus­to­mer her­eby assigns the customer’s claims ari­sing out of the resa­le of the reser­ved goods to us in the amount of the final invoice amount (inclu­ding value-added tax) agreed with us. This assign­ment app­lies irre­spec­ti­ve of whe­ther the purcha­sed item has been resold without or after pro­ces­sing. The cus­to­mer remains aut­ho­ri­zed to collect the claim even after the assign­ment. Our power to collect the claim our­sel­ves remains unaf­fec­ted. Howe­ver, we will not collect the claim as long as the cus­to­mer com­plies with his pay­ment obli­ga­ti­ons from the reve­nue collec­ted, is not in arre­ars with pay­ment, and in par­ti­cu­lar no app­li­ca­ti­on for the ope­ning of insol­ven­cy pro­cee­dings is filed or pay­ment is settled.

7.4 In order to safe­guard our claims against the cus­to­mer, the lat­ter also assigns to us tho­se claims which ari­se from the com­bi­na­ti­on of the reser­ved goods with a pro­per­ty against a third par­ty; We accept this assign­ment alrea­dy now.

7.5 In case of dis­traints or sei­zu­res, the cus­to­mer must noti­fy us immedia­te­ly in wri­ting and to noti­fy third par­ties immedia­te­ly of our reten­ti­on of tit­le in an appro­pria­te form.

8. War­ran­ty

8.1 We reser­ve the right to make tech­ni­cal and non-avo­ida­ble devia­ti­ons from phy­si­cal and che­mi­cal quan­ti­ties, inclu­ding colors, dimen­si­ons, weights and quan­ti­ties, which are also app­li­ca­ble to our pro­mo­tio­nal boxes. We are enti­t­led to excess or short deli­ve­ries of up to 10% of the agreed quantity.

8.2 In the event of defects, we shall, at our dis­cre­ti­on, make a war­ran­ty by repair or repla­ce­ment delivery.

8.3 War­ran­ty claims of the cus­to­mer due to defects of the purcha­sed goods shall beco­me sta­tu­te bar­red one year after the trans­fer of risk.

8.4 We gene­ral­ly exclu­de the return of defect-free goods.

9. Com­p­laints

9.1 In the event of a defect, the cus­to­mer shall com­ply in wri­ting with his immedia­te defect default accord­ing to § 377 HGB.

9.2 We shall not be liable for dama­ges that occur during trans­port or at the desti­na­ti­on. Befo­re taking over the goods, the cus­to­mer has to noti­fy the car­ri­er of their dama­ge or loss and to regis­ter the claim for damages.

10. Limi­ta­ti­on of Liability

10.1 We shall not be liable for dama­ges resul­ting from impro­per hand­ling of the goods by the customer.

10.2 Our goods are exclu­ded from export to the US, US ter­ri­to­ries and Cana­da. The­re is no pro­duct lia­bi­li­ty in the­se regions.

11. Other

11.1 Should indi­vi­du­al clau­ses of the­se terms and con­di­ti­ons be inva­lid in who­le or in part, this shall not affect the vali­di­ty of the remai­ning clau­ses, unless a con­trac­ting par­ty would be unre­a­son­ab­ly dis­ad­van­ta­ged by the eli­mi­na­ti­on of indi­vi­du­al clau­ses in such a way that it can no lon­ger be held liable to the con­tract. The Con­trac­ting Par­ties under­ta­ke to replace the inef­fec­ti­ve clau­se by ano­t­her which is clo­sest to the eco­no­mic pur­po­se of the inva­lid pro­vi­si­on and which is in turn effec­ti­ve. The same app­lies to regu­la­to­ry loopholes.

11.2 Exclu­si­ve juris­dic­tion is the regis­tered office of Land­pack GmbH in the Federal Repu­blic of Ger­ma­ny. Only Ger­man law app­lies under exclu­si­on of the UN Sales Law.