MD SECUREPACK GmbH
76646 Bruchsal, Germany
CEO: Harald Misch
Phone: +49 7251 440 595 0
Fax: +49 7251 440 595 2
Registration court: Amtsgericht Mannheim
Registration number: HRB 733069
Share capital: 25.000 Euro
VAT number: DE 30 78 76 723
Tax identification number: 30063/69059
Goods acceptance times
Mon – Fri 8 am – 5 pm
Mon – Thurs 8 am – 4 pm
Fri 8 am – 2 pm
Design and technical implementation
EVACTS – creative studio | www.evacts.com
biHeinD Fotodesign | www.biheind.de
Responsible for the contents of this website: Harald Misch
1. Limitation of liability for internal content
The content of our website has been compiled with meticulous care and to the best of our knowledge. However, we cannot assume any liability for the up-to-dateness, completeness or accuracy of any of the pages.
Pursuant to section 7, para. 1 of the TMG (Telemediengesetz – Tele Media Act by German law), we as service providers are liable for our own content on these pages in accordance with general laws. However, pursuant to sections 8 to 10 of the TMG, we as service providers are not under obligation to monitor external information provided or stored on our website. Once we have become aware of a specific infringement of the law, we will immediately remove the content in question. Any liability concerning this matter can only be assumed from the point in time at which the infringement becomes known to us.
2. Limitation of liability for external links
Our website contains links to the websites of third parties (“external links”). As the content of these websites is not under our control, we cannot assume any liability for such external content. In all cases, the provider of information of the linked websites is liable for the content and accuracy of the information provided. At the point in time when the links were placed, no infringements of the law were recognisable to us. As soon as an infringement of the law becomes known to us, we will immediately remove the link in question.
The content and works published on this website are governed by the copyright laws of Germany. Any duplication, processing, distribution or any form of utilisation beyond the scope of copyright law shall require the prior written consent of the author or authors in question.
General terms and conditions
Terms and Conditions of Business, Delivery and Payment of MD Securepack GmbH, Mergelgrube 5, 76646 Bruchsal, Germany
Our deliveries, services and offers are made exclusively on the basis of these terms and conditions. They shall therefore also apply to all future business relations, even if they are not expressly agreed again. These terms and conditions shall be deemed accepted at the latest upon receipt of the goods or services. References or counter-confirmations by the customer with reference to his terms and conditions of business or purchase are hereby expressly rejected.
II Offers and conclusion of contract
Our offers are subject to change and non-binding. Declarations of acceptance and all orders require our confirmation in writing or by fax to be legally effective, unless immediate delivery or invoicing takes place.
2. supplements, amendments or ancillary agreements must also always be confirmed in writing. Subsequent amendments to the order shall entitle us to amend the contractual conditions affected thereby accordingly.
If we become aware of a deterioration in our financial situation with reference to § 321 of the German Civil Code (BGB), as a result of which the claim to counter-performance is jeopardised, we may refuse to perform the obligation until counter-performance is effected or security is provided for it. We reserve the right to withdraw from the contract if the client refuses to eliminate the endangerment of the contract caused by the deterioration of his financial situation by concurrent performance or the provision of security within a reasonable period of time. The costs incurred until then will then be charged and are due immediately.
The prices stated in our offer are based on the calculations existing at the time of the submission of the offer. In the event of changes in the costs of materials, personnel and other relevant parameters up to the time of delivery, the contracting parties undertake to renegotiate the prices.
Our prices are Euro net prices without statutory value added tax.
3. if the goods are invoiced by weight, the gross weight shall be charged.
4. costs for drafts, printing plates, printing cylinders and printing material shall be invoiced separately on a pro rata basis. Costs for changes subsequently initiated by the client shall also be borne by the client.
IV. Industrial property rights / Closed Substance Cycle Waste Management Act
1. The printing documents provided by us, such as drafts, drawings, printing plates, films, printing cylinders and printing plates, shall remain our property even if the client has paid pro rata costs for them.
2. if copyrights and/or industrial property rights arise for us as a result of the development and execution of an order, these shall not be transferred by the sale of the delivery item. We are entitled to exploit these copyrights and/or industrial property rights also for orders of third parties. In particular, we shall also be entitled to claims for remuneration under copyright law against the client.
Unless otherwise agreed, we shall be entitled to visibly affix our company logo or an identification number to the delivery items manufactured by us.
4. a fee shall be paid for samples, sketches and drafts and other services ordered or commissioned by the client even if the main order for which these services were produced is not placed. Ownership shall not pass to the client until this fee has been paid.
5. the examination of the documents provided by the client as to whether they infringe the rights of third parties, in particular copyrights and industrial property rights, shall be the sole responsibility of the client. If a claim is made against us by a third party due to the use, exploitation or reproduction of the documents and/or templates provided by the client due to infringement of copyrights and/or industrial property rights or due to infringement of the law against unfair competition, the client shall support us in the defence against this infringement and shall compensate us for all damages including lawyers' fees and legal costs incurred by us as a result.
(6) If we apply symbols within the scope of the Closed Substance Cycle Waste Management Act (Kreislaufwirtschaftsgesetz) within the meaning of the Packaging Ordinance (e.g. the Green Dot) to products on behalf of the Customer, the Customer shall be deemed to have "put into circulation" the symbol of the Closed Substance Cycle Waste Management Act or the Packaging Ordinance, and if claims are asserted against us as a result, the Customer shall be obliged to reimburse us for all expenses incurred in this connection.
(7) In the event that the Customer does not participate in the Dual System Deutschland GmbH, the Customer undertakes to take back the delivered packaging in accordance with the provisions of the Closed Substance Cycle Waste Management Act within the meaning of the Packaging Ordinance (latest version in each case) and to recycle it in accordance with the Packaging Ordinance.
Should we be obliged to take back the packaging in accordance with the Packaging Ordinance, the place of performance for the return of the packaging by the Principal shall be our registered office. If the principal culpably violates his obligations arising from sentences 1 and 2 and if a fine is imposed on us as a result of this violation of obligations due to the violation of the Ordinance on the Avoidance of Packaging Waste, the principal shall be obliged to release us from the payment obligation. If we have paid the fine, the principal shall reimburse us for the amount.
V. Delivery / Delay in delivery / Force majeure / Reservation of self-delivery
1. Deliveries shall be made for the account and at the risk of the principal.
2. an agreed delivery period shall commence on the date of receipt by post of the final printing and production approval issued by the client. In the event of subsequent changes to the order, we shall no longer be bound by the originally confirmed delivery period. If necessary, a new and amended delivery period shall be confirmed.
3. if we are prevented from fulfilling our obligations after conclusion of the contract due to unforeseen and unusual circumstances which cannot be averted despite reasonable care according to the circumstances of the individual case, i.e. in particular operational disruptions, local sanctions and interventions, delays in the delivery of essential raw materials, energy supply difficulties and others, the delivery period shall be extended to a reasonable extent. If delivery becomes impossible due to these circumstances, we shall be released from the delivery obligation.
4. if we can prove that despite careful selection of our suppliers, the appropriate conclusion of the necessary contracts at reasonable conditions, we were not supplied by our suppliers on time, the delivery period shall be extended by the period of the delay caused by the failure to supply these suppliers on time.
In the event of impossibility of delivery by suppliers, we are entitled to withdraw from the contract. We undertake to assign to the client any claims to which we are entitled against our supplier due to the non-delivery or late delivery. If the aforementioned hindrances last longer than one month, the client may withdraw from the part of the contract not yet fulfilled. If the delivery time is extended in the aforementioned cases or if we are released from the delivery obligation, any claims for damages and rights of withdrawal of the client to be derived from this shall lapse with the exception of the right of withdrawal after one month. We may only invoke the aforementioned circumstances if we have notified the customer thereof immediately and extensively.
6. termination of the contractual relationship due to delay or delivery requires default on our part and requires the setting of a reasonable deadline with the threat that the contract will be terminated after expiry of the deadline. In the case of orders on call, these must be accepted within 6 months. Quantities not accepted after expiry of the deadline will be delivered and invoiced after notice.
VI. packing and shipping
We are liable for proper and customary packaging. Liability is limited to intent and gross negligence. This does not affect our right to raise a plea of contributory negligence against the customer.
1. weight deviations of the weight per unit area are governed by the weights and the delivery conditions of the producers of the materials used.
Unless otherwise specified, the following shall apply:
a) for paper +/- 5%
b) for plastic +/- 15%.
2. dimensional deviations: The following dimensional deviations are considered proper delivery and cannot be objected to:
in length +/- 4mm
in width +/- 3% for bag widths below 80mm, +/- 2% for bag widths of 80mm and more
in width +/- 5mm Formats: in length +/- 5mm, in width +/- 5mm
3. quantity deviations: We reserve the right to over- or under-deliver up to 10% of the ordered quantity for all productions, with calculation of the actual delivery quantity. This percentage increases to 20%
a) for sales by quantity: for quantities up to 50,000 pieces
b) for sales by weight: for weights up to 500 kg
1. We use commercially available printing inks for printing. If special demands are made on the inks, e.g. light resistance, alkali fastness, friction resistance, etc., the customer must point this out in writing when placing the order. We reserve the right to minor deviations in the colours. They do not entitle the client to refuse acceptance of the goods or to a price reduction. Proofs shall only be submitted prior to printing if requested by the client or if we deem it necessary. If the proof is declared print-free, the client shall be liable for any typesetting errors that remain. Press proofs will be charged separately.
2. We cannot guarantee the durability of the material and printing inks, as the raw materials and ink suppliers also do not guarantee the light resistance of the inks. The abrasion resistance of the printing inks cannot be guaranteed. The abrasion can be more or less depending on the ink type. A protective coating can improve the abrasion resistance, but cannot guarantee it absolutely.
3. In the case of plastic products, we cannot accept any liability for migration or similar migration phenomena and the resulting consequences. Excluded from this are claims for damages due to gross negligence or intent.
4. the customer must expressly inform us of food safety requirements, in particular in the case of goods to be packaged. The information must be provided in writing. We exclude any liability in the event of failure to provide such information.
5. in the case of coding and/or numbering, the graphic with coding is to be coordinated with us for technically conditioned manufacturing possibilities. The customer is responsible for the correctness of the arrangement and placement. We do not assume any guarantee for the coding templates provided. Due to the tolerances of foil printing inks and laser equipment, we cannot guarantee the same suitability for different print runs. Any sample deliveries, partial and total print runs must be checked immediately by the customer by means of an incoming inspection and, if necessary, a complaint must be made immediately.
We do not guarantee the readability of the code on flexible material. 6.
6. we are not responsible for the consequences of errors in the film masters or other similar materials supplied to us by the principal for the printing of the uniform commodity code or any other similar code, nor for the difficulties or their consequences which may arise in the use of the printed code. The film masters supplied by the principal shall also be understood to include the proofs of printed works approved by the principal which contain a uniform commodity code.
The EAN barcode shall be printed in accordance with the state of the art and taking into account the relevant implementation regulation of the CCG (cf. Co- Organisation series of publications, Der EAN - Strichcode). Further commitments, in particular regarding reading results at the retailer's cash registers, are not possible due to possible influences on the barcodes after delivery by the client and due to the lack of uniform measuring and reading technology,
IX. Material and execution
1. in the absence of special instructions from the client, the execution shall be carried out with materials customary in the industry and according to the known manufacturing process. If special properties of the product are required, e.g. with regard to application, filling material or similar, the customer must expressly inform us in writing and make a corresponding agreement. If the packaging is to be used for foodstuffs, the suitability of the material must be expressly clarified with us. Complaints with regard to the behaviour of the packaging material to the filling material and vice versa cannot be raised if the principal has not expressly pointed out the special properties of the filling material and/or the use for foodstuffs and given us the opportunity to comment on this in writing. The references and comments are to be made in writing.
2. For film and foil products, unless otherwise agreed by the parties, a performance shall be deemed free of defects if it complies with the GKV Testing and Evaluation Clause (November 2003 edition).
3. recycling raw materials are carefully selected by us. Nevertheless, regeneration foils and recycling papers may show variations in surface quality, colour, purity, odour and physical values from batch to batch, which do not entitle the client to give notice of defects. However, we undertake to assign any warranty claims and/or claims for damages against the supplier due to the quality of the regeneration foils and recycling papers to the client.
X. Retention of title
1. The delivered goods remain our property until full payment of all existing and future claims against the client.
In the event of conduct in breach of contract on the part of the customer, in particular in the event of non-payment of the purchase price due, we shall be entitled to withdraw from the contract in accordance with the statutory provisions and/or to demand the return of the goods on the basis of the retention of title. The demand for return does not at the same time include the declaration of withdrawal, we are rather entitled to demand only the return of the goods and to reserve the right of withdrawal.
3. if the client does not pay the purchase price due, we may only assert these rights if we have previously set the client a reasonable deadline for payment of the purchase price without success or if setting such a deadline is dispensable according to the statutory provisions.
4. the client is authorised to resell and/or further process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions shall apply in addition:
a) The retention of title extends to the products created by processing, mixing or combining our goods at their full value, whereby we are deemed to be the manufacturer. If, in the event of processing, mixing or combining with goods of third parties, their right of ownership remains, we shall acquire co-ownership in proportion to the invoice values of the processed, mixed or combined goods. In all other respects, the same shall apply to the resulting product as to the goods delivered under retention of title.
b) The customer hereby assigns to us by way of security the claim against third parties arising from the resale of the goods or the product in total or in the amount of our possible co-ownership share in accordance with the above paragraph. We accept the assignment. The obligations of the customer stated in number 2. shall also apply in view of the assigned claims.
c) The principal remains authorised to collect the claim in addition to us. We undertake not to collect the claim as long as the principal meets his payment obligations towards us, is not in default of payment, no application for the opening of insolvency proceedings has been filed and there is no other deficiency in his ability to pay. If this is the case, however, we may demand that the principal informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtor (third party) of the assignment.
d) If the realisable value of the securities exceeds our claims by more than 10%, securities shall be released at our discretion at the request of the client.
(5) The customer shall inform us without delay of any compulsory enforcement measures by third parties against the goods subject to retention of title or against the claims assigned in advance, handing over the documents necessary for an intervention.
6. the authorisation of the client to dispose of the reserved goods and to collect the assigned claim shall expire in the event of the client's default in payment in the event of bill or cheque protests as well as in the event of a deterioration of assets (in particular the filing of an insolvency petition).
XI. Notice of Defects/Deficiency Claims
The customer's inspection and complaint obligations are governed by § 377 of the German Commercial Code (HGB).
2. in the case of larger deliveries of similar goods, the entire batch delivered may only be rejected as defective if the defects have been established by means of a recognised, representative sampling procedure.
If the total delivery quantity of flexible packaging has defects of up to 3% of the total quantity, neither the total quantity can be rejected as defective, nor can defects be asserted on account of this maximum 3% of defective flexible packaging. It is irrelevant whether the defect lies in the processing or in the printing.
4. we shall be given the opportunity to ascertain the notified defects of the delivery on site.
5. a defect in the delivered goods entitles the client to demand that the defect be remedied within a reasonable period. The remedy may be effected by rectification of the defect or by subsequent delivery free of charge. The defective goods shall be returned.
If the rectification of defects fails after a second unsuccessful attempt, the client may, at his discretion, withdraw from the contract or reduce the purchase price in consultation with us.
If, however, the material defect is due to gross negligence or intent on our part or on the part of our vicarious agents or assistants or if the defect results in a breach of material contractual obligations (cardinal obligations) for which we are responsible or in an injury to life, limb or health for which we are responsible or if we have assumed a guarantee for a certain quality or if the Product Liability Act applies, the customer may assert a claim for a reduction in the purchase price or for damages due to the material defect instead of withdrawing from the contract. If the breach of cardinal obligations is based on simple negligence and if the client suffers financial or material damage as a result, this claim for damages shall be limited to the typically foreseeable consequences.
8. a claim for damages due to loss of production and/or loss of profit is excluded in cases of simple negligence. This limitation of liability applies accordingly to our vicarious agents and assistants.
The above limitation of liability or the above exclusion of liability shall also apply in particular to damages which are due to the fact that the abrasion resistance, light fastness, alkali fastness, friction and water resistance of the inks is not sufficient, the coding and numbering order is not correct, the coding templates provided by the customer are not legible when transferred to the delivery items to be produced, legibility of the coding is not possible when using flexible material, the packaging goods are impaired by the delivery item or the delivery item does not comply with the statutory provisions to be observed for the filling goods.
This limitation of liability / exclusion of liability also applies to damages based on printing documents (drafts, flexographic printing plates).
The application of the Product Liability Act remains unaffected by this limitation of liability. If the client decides to rectify the defect, we shall bear the costs necessary for the rectification. Costs incurred because the delivery item was delivered to a location other than the registered office or contractually agreed place of provision of the client shall be borne by the client. No warranty claims shall arise insofar as we are not liable for them in accordance with VII, VIII and IX.
If the customer has made a claim against us on the basis of alleged material warranty claims and it turns out that there is no defect or that the claimed defect is based on a circumstance that does not oblige
us to provide a
warranty, we shall be reimbursed for all costs incurred as a result.
The regular limitation period is 1 year from delivery to the client.
(11) Insofar as claims for damages are asserted against us, the shortening of the limitation period for claims for damages in the case of material defects shall be excluded in the event of gross negligence or intent or in the event of a culpable breach of material contractual obligations (cardinal obligations) as well as culpable injury to life, limb or health on our part and in cases of a quality guarantee granted by us.
XII Other claims for damages
1. liability by us for material defects and defects of title or delays in delivery or non-delivery are not covered by this section.
2. claims for damages by the client due to other breaches of duty by us, in particular of protective duties and/or due to legally binding obligations, are excluded, unless there is gross negligence or intent or a breach of essential contractual obligations (cardinal obligations) for which we are responsible and/or injury to life, body, health by us or our vicarious agents or persons employed in performing an obligation. If we can be held liable to pay damages due to simple negligence, the claim for damages shall be limited to the typically foreseeable damages. Liability for loss of production and/or loss of profit is excluded in the case of simple negligence.
The above limitation of liability shall apply accordingly to tortious liability. Liability under the Product Liability Act remains unaffected by this provision. Claims for damages due to other breaches of duty regulated in this section which are not based on a material defect shall become statute-barred within one year from the end of the year in which the claim arose and the client became aware of the circumstances giving rise to the claim or should have become aware without gross negligence. The maximum periods regulated in § 199, par. 2+3, BGB shall continue to apply.
These limitations of the limitation periods shall not apply to claims for damages due to gross negligence or intent, in the event of a breach of essential contractual obligations (cardinal obligations) for which we are responsible as well as injury to body, life, health and freedom and a breach of the Product Liability Act by us or our vicarious agents.
XIII Terms of payment
1. the invoice is to be paid within 30 days of the invoice date without deduction.
2. we grant a 2% discount for payment or crediting of the invoice amount within 14 days.
3. in the event of default, we shall be entitled to charge interest on arrears at a rate of 8% points above the respective base rate.
4. cheques are only accepted on account of performance. The costs for the cashing of cheques shall be borne by the customer and shall be paid immediately.
5. failure to pay due to circumstances based on a significant deterioration in the financial circumstances of the customer, which only become known to us after conclusion of the contract, shall result in immediate maturity of all claims, even in the event of a deferral.
XIV. Retention period:
Printing documents, printing plates, stand drawings, proofs are stored by us for three years, starting from the last corresponding order. This also applies to paid documents. After this period, we are entitled to destroy these documents without replacement.
XV. Storage / transport and processing instructions:
We recommend the following for the storage of the films and film packaging we supply:
1. temperature at 18 °C to 25 °C relative humidity of approx. 55 % ± 5 %. Our delivery must not be exposed to sunlight or UV radiation, even in its original packaging, and must not be stored near sources of heat. A storage and transport temperature below 5 °C must be expressly avoided at all costs.
2. if this is not possible, the goods must be stored 24 h before processing in the production or processing room. In cold season at least 48 h before. Excessive storage, especially at elevated temperatures, may result in ageing of the surfaces.
3. this and the effect of solar radiation deteriorate the technical properties. It is the responsibility of the client to check technical and sensory suitability according to the relevant regulations at the time of processing. Technical parameters can be submitted by requirements of our corresponding data sheets.
The customer is not entitled to offset claims against us unless these claims are undisputed and have been legally established.
XVII Place of performance and jurisdiction:
The place of performance and jurisdiction is Bruchsal. German law shall apply to the legal relationships of the parties with regard to the agreed deliveries and services, including the UN Convention on Contracts for the International Sale of Goods (CISG).
Subsidiary agreements, reservations, amendments and supplements shall be made in writing. Should a provision within the framework of the general terms and conditions of business, delivery and payment or a provision within the framework of other agreements relating to the deliveries be or become invalid, this shall not affect the validity of all other provisions or agreements.