Status 30.06.2008
1.1 Our general packaging conditions apply exclusively; contradictory obligations are only binding, if these have been confirmed in writing. This is also the case, where we perform in terms of the contract without any reservations, while in full knowledge of the contradictory conditions. 1.2 Insofar as nothing else is agreed, our offer is binding.
2.1 Our written order confirmation is decisive for the scope of the services to be delivered by us. 2.2 Verbal or telephonic agreements as well as all other statements, in particular agreements and amendments to the contract have to be in writing in order to be valid. This also applies to the termination of this agreement. The same applies to any commitments, consultations and statements of our staff.
3.1 Unless nothing else is agreed, our prices are exclusive of VAT insofar as these accrue at the time of invoicing. 3.2 If, during the execution of the contract, unpredictable, difficult working conditions arise for which we are not responsible, we are entitled to increase the price accordingly. This is especially true if standing costs are incurred in the premises of the client, for staff employed by us.
4.1 For the proper execution of the packaging order, the goods, which are to be packaged, must be delivered to us in the appropriate condition for packaging and in a timely manner. If not otherwise agreed in writing, parts especially susceptible to corrosion shall be handed over duly cleaned with the appropriate contact corrosion inhibitors. 4.2 The contractor has to notify us in writing of any necessary special treatment of the goods, which have to be packaged. For example, we are to be informed for which goods special corrosive sealed packaging under application of desiccants or other corrosion protective measures are to be followed. 4.3 Furthermore, the contractor shall inform us in writing of special risks which arise from the requirements of the respective transport path, from loading- and transport resources (e.g., bulk carrier) as well as by storage foreseen in respect of general environmental pollution. 4.4 For the translation of the palette lists into foreign languages, the contractor is responsible insofar as nothing else is agreed. 4.5 Unless otherwise agreed, the packaging takes place in our premises. The timely delivery and collection of the goods is the responsibility of the contractor. In the event that packaging is conducted outside of our plant, the contractor has to provide adequate space, power and the necessary lifting equipment free of charge including the necessary operating staff for the prompt and proper implementation of the packaging contract. The possible time frame at the packaging plant is to be determined. 4.6 The labeling information is to be provided to us timely before the execution of the packaging. 4.7 The contractor has to provide for the sufficient insurance of the goods to be packaged (e.g., transport-, storage-, fire insurance), regardless of our third party liability insurance in terms of paragraph 10.
5.1 Unless otherwise agreed in writing, the payment is to be effected without any deductions to our payment agent as indicated in our invoice. 5.2 Offsetting – and retention rights only arise if the counter claim of the contractor is legally established, acknowledged or undisputed; above this a right of retention exists insofar as the counter claim results from the same contractual relationship.
6.1 Unless otherwise agreed in writing, the confirmation of the order is decisive in respect of the performance times. 6.2 The performance time is extended appropriately in the case of unforeseen events regardless of whether these occur with us or other places, e.g., delayed delivery of the required packaging material despite correct and timely placement of the order. An extension of the performance time also occurs when the above events occur during a default in performance. We are obliged to notify the start and end time of such events to the contractor without any undue delay. 6.3 In the event that we are in default and the contractor can prove that on the basis thereof he has suffered damages, he is entitled to request compensation for the damages caused by the delay. This amounts to 0.5% for each week of delay, but not more than maximum 5% of the value of the delayed packaging. This limitation does not apply when the delay is based on intent or gross negligence. 6.4 In the event that the contractor sets us a reasonable time frame to remedy the delay and with the threat to cancel the contract, after we have already defaulted, he is entitled in as far as we miss this deadline due to our fault, to rescind from the agreement; however damages because of non fulfillment are only payable to the contractor if the damages arose from intent or gross negligence. 6.5 In the event that the deadline agreed upon is delayed because of the contractor, all additional costs are to his account.
7.1 Unless otherwise agreed, the risk of accidental damages or an accidental deterioration transfers from the loading of the delivery vehicle to the contractor, at the latest when he takes receipt of the packaged goods. The same applies when the contractor has defaulted in acceptance of the goods or payment.
8.1 We reserve ownership of all our packaging material until the contractor has fulfilled all existing indebtedness towards us. 8.2 This also applies insofar as the check exchange process is practiced between us and the contractor; under these circumstances the retention of title applies until the final credit of the transfer.
9.1 Insofar as we are liable for a guarantee, we are obliged, to either eliminate the damage or undertake a new packaging at our discretion and at our own cost. For the execution of the obligation the contractor has to provide us with the required time and opportunity. 9. In the event that the repair for which we are responsible, fails, especially if there is a delay in the repair or if we are not in the position to execute the repair, the contractor is entitled to rescind from the contract or to request an appropriate deduction in respect of payment (cancellation or reduction). The contractor is also entitled to these rights when we wrongfully delay the execution of the repair or the obligation to repair. 9.3 The contractor is obliged, upon receipt of the packaged goods at the place of receipt to inspect the packaging for obvious and visible defects. Insofar as this inspection reveals deficiencies, the contractor is obliged in respect of his warranty and right to claim replacement, to issue a written reprimand and provide us with the opportunity to provide a fact finding statement. The warranty period starts with the transfer of risks. 9.4 The prerequisite for any warranty liability is the proof that the alleged defect is due to a deficiency before the risk passed. This applies particularly to the extent that the packaging was opened or damaged due to a customs inspection.
10.1 Insofar as we are liable for damages to the packaged goods or for pure economic loss, our liability is limited to our insurance coverage. The amount insured for material damages is EUR 500.000 per claim. Pure economic losses are also insured. We will provide detailed information upon request. The insured amount is limited to EUR 2.5 million per year insured. 10.2 Taking into account the regulation set in paragraph 10.1, the contractor is entitled, because of the special risks to request broader insurance coverage. We will take care of this but cannot guarantee this in view of the peculiarities of the insurance market. Insofar as we are in the position to take broader coverage on behalf of the contractor, he is obliged to pay the additional insurance premium. 10.3 The limitation of liability in terms of paragraph 10.1 does not apply when the damages are caused by intent or gross negligence. 10.4 Our packaging service comprises of the affixing of adequate, state-of-the-art corrosion protection, so that our liability is limited to the duration of the agreed conservation period calculated from the date of packaging. In the case of container packaging the liability ends with the opening of the container. 10.5 The limitation of liability in terms of paragraph 10.1 is also applicable also in the case of compensation claims because of the lack of the promised characteristics of the packaging as well as by negligent breach of the cardinal duties.
11. Insofar as in the above liability is excluded or limited, it also applies to any claims that the contractor has against our workers/ employees/ staff/ agents/ sub contractors.
12.1 The burden of proof for the existence of a warranty or a liability matter lies with the contractor; he is especially obliged to secure any evidence on the spot so that we have the opportunity to confirm the entitlement of the claims made against us – in terms of reason and amount. If we are not afforded this opportunity, we will be freed from liability. 12.2 Our liability prescribes in principal in terms of the statutory warranty periods; this also applies to any damages to packaged goods. Insofar as additional material damages or injury to persons has occurred, the statutory prescription provisions apply.
13.1 For all disputes arising from or in connection with this contract, our local court has exclusive jurisdiction; we do however reserve he right to sue the contractor in the appropriate court for him. 13.2 The Laws of the Federal Republic of Germany are applicable to this contract; the applicability of the uniform mercantile laws is expressly excluded. 13.3 The above conditions are only applicable to merchants in terms of Article 24 of the Basic Terms and Conditions Act; the regulation of Paragraph 13.1 is only applicable in respect of fully registered merchants.
To secure all debts due to us under this contract, including those that arise from delivery of the completed services, it is hereby agreed that a contractual lien exists in respect of the packaging or delivery of other services in respect of the goods in our custody delivered for packaging.
We assume that the instruction to package exists upon delivery. The storage fee free period for the goods to be packaged by Securitas is 4 weeks after the delivery of the goods. The storage fee free time for packaged and delivered palettes is one week after delivery. Thereafter the storage fee is calculated in terms of our price list „ Storage Fees“. Any other regulations require a written offer from the Securitas Organization for Sea Packaging Pty Ltd.
Securitas Ges. für Seeverpackung mbH & Co. KG
Am Sandtorkai 48
20457 Hamburg
Phone: +49 40 741136-0
Fax: +49 40 741136-26
secu@securitas-gmbh.de
www.securitas-gmbh.de