GENERAL TERMS AND CONDITIONS
StablePak GmbH
Stögersdorf 36a/6
8562 Stögersdorf
1. General Scope
These General Terms and Conditions apply to all transactions between StablePak GmbH (hereinafter referred to as "Seller") and other companies (hereinafter referred to as "Customer"). In business relationships with private individuals, these conditions also apply, provided that they do not conflict with the Consumer Protection Act (KSchG).
The present conditions apply to all deliveries and sales from the Seller to the Customer, as well as to all other services that the Customer avails from the Seller.
The application of the GTC is exclusive; deviations, modifications, or additions are only considered accepted with our written confirmation.
In case of discrepancies between the German and English versions of these General Terms and Conditions or other inconsistencies, only the wording of the German version is valid.
2. Conclusion of Contract
Offers made by the Seller are generally non-binding unless explicitly marked as binding. Errors and typos reserved.
The forwarding, reproduction, or any other provision of documents created by the seller to third parties requires our written confirmation. The seller is entitled to demand the immediate return of the documents if no contract is concluded.
The conclusion of the contract is defined by the sending of an order confirmation by the seller to the customer and is considered closed unless the customer raises an objection within the following two business days. In any case, the terms and conditions are an integral part of the order confirmation and thus part of the contract conclusion.
For orders placed through the webshop, an acknowledgment of receipt does not yet constitute a contract conclusion; only a subsequent order confirmation or delivery of the goods constitutes such a contract conclusion.
If agreements are made verbally or by phone, they require written confirmation from the seller.
3. Prices
The prices listed in an order confirmation are generally considered binding; however, the seller reserves the right to make price changes in the event of changes in raw material prices, labor, or operating costs concerning the offered goods, provided that the delivery of the goods has not yet taken place.
Prices stated are generally understood as net prices in euros (€), plus the applicable sales tax on the delivery date and free of charge to the delivery address for a goods value of €200 or more. If the customer requests a specific and more expensive shipping method, the additional costs incurred are to be borne by the customer. Delivery condition CPT INCOTERM 2020.
The prices assume the acceptance of the ordered quantities in one batch; partial deliveries are possible regardless. Unaccepted goods will be charged and stored at the customer's expense.
When arranging a pallet exchange, the delivery of goods is considered the time for execution; non-exchanged pallets will be charged at the respective daily price.
4. Payment Terms
The applicable payment terms are indicated on the order confirmation and/or invoice, but in any case, a payment deadline of 14 days net after receipt of the goods is specified. Invoices are usually transmitted digitally (e.g., by email).
The customer is only entitled to offset or withhold the payment obligation with a written confirmation from the seller.
In the event of a failure to make an agreed payment or performance by the customer, the seller is entitled, under the definition of a grace period, to insist on the fulfillment of the contract and to postpone its own obligations, to claim a corresponding extension of the delivery period, to declare the outstanding amount due, to accept future orders only against advance payment, and to charge default interest from the due date at least at the usual bank interest rates.
In the event of a payment delay, the customer agrees to bear all costs incurred due to the delay, particularly reminder and collection fees or other costs necessary for legal enforcement.
If the granted extension has also expired without payment of the outstanding amount, the seller is entitled to withdraw from the contract by written notice. In this case, any goods already delivered must be returned by the customer to the seller, potential depreciation of the goods must be compensated, and any expenses incurred by the seller during the settlement process must be reimbursed.
5. Retention of Title
The goods remain the property of the seller until full payment is received.
6. Delivery Date
Delivery dates are also part of an order confirmation and are indicated therein. A delivery is also considered timely if it deviates by up to four working days.
If no exact delivery dates have been agreed upon, the delivery will take place within a corresponding period. A corresponding period at least defines the date of the order confirmation and the date of notification of readiness for delivery to the customer. Partial and/or advance deliveries by the seller are permissible in any case.
Claims for damages by the customer that involve delay, late performance, or non-performance are excluded, unless the customer proves that a potential damage was caused by the seller intentionally or through gross negligence.
If the content of the order changes, delivery dates must be newly agreed upon in writing.
7. Product Characteristics
In general, specifications regarding the dimensions of (corrugated cardboard) packaging refer to the inner dimensions in millimeters (in the order of length x width x height).
Due to the characteristics of the material and its processing, slight deviations cannot be excluded and do not constitute grounds for complaint.
Similarly, the seller cannot be held liable for slight deviations in color and quality of the products, as well as for industry-standard weight differences of up to 10%.
8. Quantity Deviations
The seller expressly reserves the right to the following excess or short deliveries:
up to 500 pieces 25%
up to 3000 pieces 20%
over 3000 pieces 10%
Any slight counting errors or sorting defects do not constitute grounds for complaint.
9. Exact Delivery Quantity
If the customer insists on exact quantities, surcharges will be applied.
10. Warranty / Defect Notification
The delivered goods must be inspected by the customer immediately upon delivery. If a defect notification is not made in writing within seven working days, the goods are considered approved. For any hidden defects, a period of seven days after becoming aware of the defects also applies, and here too, written notification to the seller is required.
In the event of a defect notification that has been properly reported within the deadlines, the seller has the option to remedy the complained goods on-site, have the complained goods returned for correction at the customer's expense, replace the complained goods, or reduce the purchase price.
The processing of a reported defect complaint must be carried out, if necessary, in a written agreement with the seller.
For goods that have been sourced by the seller from subcontractors, the seller is not liable directly. In this case, warranty claims that are due to the seller from the subcontractor are transferred directly to the customer.
11. Product Liability
Liability limitations set forth herein must be passed on to any potential buyers, with the obligation for further transfer.
Securities regarding the respective purchase item can only be offered based on the material-specific properties.
The seller is not liable for consequential damages, lost profits, business interruption damages, reputational damages, or data loss; however, the exclusion of liability does not apply to further claims for damages under mandatory legal provisions.
Any potential liability of the seller is limited to 5% of the respective order amount, provided that legal action is taken within one year after the expiration of the agreed warranty period.
Unless otherwise agreed in writing, the goods are sold "ex works" (EXW) (ready for pickup), and the seller's liability regarding loading security is excluded, especially since the seller's loading personnel are considered as agents of the seller.
For deliveries, in general, the current version of the INCOTERMs applies.
12. Patent and Design Liability
The customer is responsible for ensuring that any information transmitted to the seller is free from trademark, patent, or copyright rights against third parties and must indemnify the seller in case of any infringement.
The seller rejects any liabilities, claims for damages, or lawsuits arising from potential legal violations by third parties and must be indemnified by the customer in the event of claims made by third parties.
13. Force Majeure
In the event that the contracting parties are prevented from fulfilling the contract on time due to force majeure, they will be completely or partially released from the agreed performance. Only events that are unforeseeable and unavoidable for the contracting parties and are outside their control are considered force majeure, including strikes or labor disputes.
The contracting parties must ensure that in the event of force majeure, all efforts are made to mitigate the effects and that the other party is continuously informed about the current status; otherwise, they will be liable for damages to the other party.
Failure to meet deadlines or timeframes due to the occurrence of force majeure may be extended by a maximum duration of the impact; however, a new period can be agreed upon by mutual consent. If force majeure prevents the customer from fulfilling the contract for more than eight weeks, the seller is entitled to withdraw completely or partially from the contract and to demand remuneration for any services already rendered.
14. Die-Cutting Tools / Plates
Tools and clichés commissioned by the customer remain the property of the seller, even if a partial settlement of these aids has taken place. If these aids are not used for 24 months, the seller has the right to have the affected aids destroyed. The customer has the option to collect the aids at the earliest four weeks before the expiration of this period, with a two-week notice period. This option is based on the seller's voluntary decision and can be revoked at any time; at no point does this option constitute a legal claim for the customer.
15. Deterioration of Financial Situation
The seller reserves the right, in the event of a significant deterioration in the customer's financial situation, to demand advance payment or security for outstanding deliveries, deviating from the concluded contract.
If any agreed conditions are not met, the seller has the right, without prejudice to its other rights, to withdraw from the contract.
16. Data Protection
The collection of personal data is essential for the conclusion and fulfillment of a contract. Taking into account applicable regulations (for example, GDPR), you will receive further information from the seller or their website upon request.
17. Confidentiality
Non-public commercial and technical information, as well as documents that become apparent to the customer through a business relationship, are to be considered trade secrets, and the customer therefore commits to confidentiality.
The transfer or provision of documents, especially drawings and templates, to third parties is prohibited. Documents may only be shared in consideration of copyright regulations and within the framework of operational requirements.
18. Jurisdiction and Place of Performance
For all disputes arising from a contract, the court competent for the seller's registered office shall have jurisdiction. Furthermore, the seller also has the option to refer to the court competent for the customer.
A contract concluded with the seller is subject to Austrian law, excluding the United Nations Convention on Contracts for the International Sale of Goods and the conflict of laws provisions of the IPRG.
The place of performance is defined by the seller's registered office, even if the agreed delivery of the goods takes place at another location.
19. Final Provisions
Should individual provisions of the contract be deemed invalid, the contract shall not be entirely ineffective; rather, the remaining provisions shall remain valid notwithstanding this. For a legally ineffective provision, a legally effective provision shall be deemed agreed upon that comes as close as possible to the economically intended purpose of the contracting parties in a legally permissible manner.