The following terms and conditions apply only to entrepreneurs, legal entities under public law or special funds under public law.

I. Application

1. Orders shall only become binding upon the supplier's order confirmation, unless the customer objects to the content of the order confirmation within 7 days of receipt, the contract shall be concluded on the terms and conditions stated therein, even if these deviate from the original agreements due to transmission, communication or spelling errors.
   Amendments and additions shall be made in text form. All offers are subject to change unless they are designated as fixed offers. Quantity or size specifications are non-binding approximate values unless expressly designated as binding.
2. In the case of ongoing business relationships, these terms and conditions shall also apply to future transactions in which they are not expressly referred to, provided that they were referred to in an order previously confirmed by the supplier.
3. The customer's terms and conditions shall not apply, even if we do not expressly object to them, unless they are expressly recognized by the supplier in writing. The regulations on distance selling in business transactions with consumers shall not apply to the business relationship with entrepreneurs, not even correspondingly.
4. Should individual provisions be or become invalid, this shall not affect the validity of the remaining provisions.

II. prices

1. In case of doubt, prices are ex works excluding freight, customs, import or export duties and packaging plus VAT at the statutory rate.
2. If the relevant cost factors, in particular for materials, energy or personnel, change by more than 5% after submission of the offer or after order confirmation until delivery, each party shall be entitled to demand a price adjustment. This shall be based on how the relevant cost factor changes the total price.
3. The supplier is not bound to previous prices for new orders.

III. delivery and acceptance obligation

1. Delivery periods shall commence upon receipt of all documents required for the execution of the order, the down payment and the timely provision of materials, insofar as these have been agreed. The delivery deadline shall be deemed to have been met upon notification of readiness for shipment if shipment is delayed or impossible through no fault of the supplier.
2. If an agreed delivery deadline is not met due to the supplier's own fault, the customer shall in any case be obliged to set a reasonable grace period.
3. Partial deliveries are permissible, insofar as reasonable.
4. In the case of call-off orders without an agreement on duration, production batch sizes and acceptance dates, the Supplier may demand a binding specification of these no later than three months after order confirmation. If the customer does not comply with this request within three weeks, the supplier shall be entitled to set a two-week grace period and to withdraw from the contract and/or claim damages after this period has expired.
5. If the customer does not fulfill its acceptance obligations, the supplier shall not be bound by the provisions on self-help sales, without prejudice to other rights, but may sell the delivery item on the open market after prior notification of the customer.
6. Events of force majeure shall entitle the Supplier to postpone the delivery for the duration of the hindrance and a reasonable start-up time, or to withdraw from the contract in whole or in part due to the part not yet fulfilled. Force majeure shall include strikes, lockouts or unforeseeable, unavoidable circumstances, e.g. operational disruptions or transportation delays or interruptions, shortages of raw materials or energy through no fault of the Supplier, which make it impossible for the Supplier to deliver on time despite reasonable efforts. This shall also apply if the aforementioned impediments occur during a delay or at a subcontractor.
   The customer may request the supplier to declare within two weeks whether it wishes to withdraw from the contract or deliver within a reasonable grace period. If the supplier does not make a declaration, the customer may withdraw from the unfulfilled part of the contract.
   The supplier shall notify the customer immediately if a case of force majeure as described in paragraph 1 occurs. The supplier shall minimize the customer's inconvenience as far as possible, if necessary by handing over the moulds for the duration of the obstruction.

IV. Terms of payment

1. All payments are to be made in € (EURO) exclusively to the supplier. Unless otherwise agreed, the purchase price for deliveries or other services shall be paid without deduction within 30 days of the invoice date.
2. If the agreed payment date is exceeded, interest shall be charged at the statutory interest rate of 8 percentage points above the respective base interest rate in accordance with § 247 BGB, unless the supplier can prove higher damages.
3. Checks shall only be accepted upon express prior written agreement and only on account of performance. All costs associated with them shall be borne by the customer.
4. The customer may only offset or assert a right of retention of payments if his claims are undisputed or have been legally established.
5. Sustained non-compliance with payment terms or circumstances which give rise to serious doubts as to the creditworthiness of the customer shall entitle the supplier to declare all claims due and payable immediately. Furthermore, in this case the supplier is entitled to demand advance payments for outstanding deliveries and to withdraw from the contract after a reasonable period of grace has expired without success.

V. Packaging, shipment, transfer of risk and default of acceptance

1. Unless otherwise agreed, the supplier shall choose the packaging, type of shipment and shipping route. He is entitled to commission one of the shippers usually selected by him for his shipping transactions at the usual conditions agreed with the latter.
2. The risk shall pass to the customer when the goods leave the supplier's works, even in the case of carriage paid delivery. In the event of delays in dispatch for which the customer is responsible, the risk shall pass upon notification of readiness for dispatch.
3. At the customer's written request, the goods shall be insured at the customer's expense against risks to be specified by the customer.
4. In the event of default of acceptance by the customer, the supplier shall be entitled to store the goods at the customer's expense. If the Supplier stores the goods himself, he shall be entitled to storage costs amounting to 0.5% of the invoice amount of the stored goods per calendar week or part thereof. The right to claim higher storage costs against proof remains reserved.

VI Retention of title

1. The deliveries shall remain the property of the supplier until all claims to which the supplier is entitled against the customer have been fulfilled, even if the purchase price for specially designated claims has been paid. In the case of a current account, the reserved title to the deliveries (reserved goods) shall serve as security for the Supplier's balance invoice.
2. Any treatment or processing by the customer shall be deemed to have been carried out on behalf of the supplier to the exclusion of the acquisition of ownership in accordance with § 950 BGB; the supplier shall become co-owner of the item thus created in accordance with the ratio of the net invoice value of its goods to the net sales price of the goods to be treated or processed, which shall serve as reserved goods to secure the supplier's claims in accordance with paragraph 1.
3. In the event of processing (combining/mixing) by the customer with other goods not belonging to the supplier, the provisions of §§ 947, 948 BGB shall apply with the result that the supplier's co-ownership share in the new item shall now be deemed to be reserved goods within the meaning of these terms and conditions.
4. The customer is only permitted to resell the goods subject to retention of title in the ordinary course of business and on condition that he also agrees a retention of title with his customers in accordance with paragraphs 1 to 3. The customer is not entitled to dispose of the reserved goods in any other way, in particular by pledging them or transferring them by way of security.
5. In the event of resale, the Customer hereby assigns to the Supplier all claims and other justified claims against its customers arising from the resale, including all ancillary rights, until all claims of the Supplier have been satisfied. At the Supplier's request, the Customer shall be obliged to immediately provide the Supplier with all information and documents required to assert the Supplier's rights against the Customer's customers.
6. If the reserved goods are resold by the customer after processing in accordance with paragraph 2 and/or 3 together with other goods not belonging to the supplier, the assignment of the purchase price claim in accordance with paragraph 5 shall only apply to the amount of the invoice value of the supplier's reserved goods.
7. If the value of the securities existing for the Supplier exceeds the Supplier's total claims by more than 10%, the Supplier shall be obliged to release securities of the Supplier's choice at the Customer's request.
8. The supplier must be notified immediately of any seizure or confiscation of the reserved goods by a third party. Any resulting intervention costs shall in any case be borne by the customer, unless they are borne by third parties.
9. If the Supplier makes use of its retention of title in accordance with the above provisions by taking back goods subject to retention of title, it shall be entitled to sell the goods by private treaty or have them auctioned. The goods subject to retention of title shall be taken back at the proceeds obtained, but at most at the agreed delivery prices. Further claims for damages, in particular loss of profit, remain reserved.

VII Liability for material defects

1. The quality and design of the products shall be determined by the product description or, if their preparation has been agreed, by the reference samples, which shall be submitted to the customer for inspection by the supplier upon request. In addition, No. XII para. 1 must also be observed. The reference to technical standards serves to describe the performance and is not to be interpreted as a guarantee of quality. The tolerances customary in the industry shall apply. In the absence of a special written agreement, production shall be carried out using materials customary in the industry and in accordance with the agreed or, in the absence of an agreement, known manufacturing processes. Minor deviations from the original in color productions or reproductions are not considered defects; the same applies to deviations between proofs and print runs.
2. If the supplier has advised the customer outside the scope of his contractual performance, he shall only be liable for the functionality and suitability of the delivery item if this has been expressly assured in advance.
3. Notification of defects must be made in writing without delay. In the case of hidden defects, the complaint must be made immediately after discovery. In both cases, unless otherwise agreed, all claims for defects shall lapse twelve months after the transfer of risk.
4. In the event of a justified notice of defects, the supplier shall be obliged to provide subsequent performance (at his discretion, repair or replacement). If he does not fulfill this obligation within a reasonable period of time or if rectification fails despite repeated attempts, the customer is entitled to reduce the purchase price or withdraw from the contract. For further claims, in particular claims for reimbursement of expenses or damages due to defects or consequential damages, the limitations of liability pursuant to No. VIII shall apply. Replaced parts shall be returned to the Supplier freight collect upon request.
5. Unauthorized reworking and improper handling shall result in the loss of all claims for defects. Only in order to prevent disproportionately large damage or in the event of delay in remedying the defect by the Supplier shall the Customer be entitled, after prior notification of the Supplier, to rectify the defect and demand reimbursement of the reasonable costs incurred.
6. Normal wear and tear shall not give rise to any warranty claims.
7. Recourse claims pursuant to §§ 478, 479 of the German Civil Code (BGB) shall only exist insofar as the consumer's claim against the party entitled to recourse was justified and only to the statutory extent, but not for goodwill arrangements not agreed with the supplier and presuppose compliance with the party entitled to recourse's own obligations, in particular compliance with the obligation to give notice of defects.

VIII. General limitations of liability

1. The supplier shall only be liable for damages or reimbursement of expenses if it, its executive employees or vicarious agents are guilty of intent, gross negligence or injury to life, limb or health.
2. Strict liability under the Product Liability Act and liability for the fulfillment of a quality guarantee shall remain unaffected.
3. Liability for the culpable breach of material contractual obligations shall also remain unaffected; however, liability in this respect shall be limited to the foreseeable damage typical for the contract, except in the cases of No. 1. Essential contractual obligations are understood to be the fundamental, elementary obligations arising from the contractual relationship which are of particular importance for the proper execution or fulfillment of the contract or which have a significant influence on the relationship of trust existing between the parties, in particular the fulfillment of delivery obligations and important information obligations.
4. A change in the burden of proof to the detriment of the customer is not associated with the above provisions.

VIII. Terms of payment

1. All payments are to be made in € (EURO) exclusively to the supplier.
2. Unless otherwise agreed, the purchase price for deliveries or other services shall be payable with a 2% discount within 14 days and without deduction within 30 days of the invoice date. The granting of a discount is subject to the settlement of all undisputed invoices due earlier. No discount shall be granted for any payments by bill of exchange.
3. If the agreed payment date is exceeded, interest shall be charged at the statutory interest rate of 8 percentage points above the respective prime rate of the ECB, unless the supplier can prove higher damages. The customer reserves the right to prove lower damages.
4. We reserve the right to refuse checks or bills of exchange. Checks and rediscountable bills of exchange shall only be accepted on account of performance; all associated costs shall be borne by the customer.
5. The customer may only offset or assert a right of retention if his claims are undisputed or have been legally established.
6. Sustained non-compliance with payment terms or circumstances which give rise to serious doubts as to the Customer's creditworthiness shall result in all of the Supplier's claims becoming due immediately. Furthermore, in this case the Supplier shall be entitled to demand advance payments for outstanding deliveries and to withdraw from the contract after the unsuccessful expiry of a reasonable period.

IX. Molds (tools)

1. The price for molds also includes the costs for one-time sampling, but not the costs for testing and processing equipment or for changes requested by the customer. Costs for further sampling for which the supplier is responsible shall be borne by the supplier.
2. Unless otherwise agreed, the supplier is and remains the owner of the molds manufactured for the customer by the supplier itself or by a third party commissioned by it. If expressly agreed, molds shall only be used for the customer's orders as long as the customer meets its payment and acceptance obligations. The supplier shall only be obliged to replace these molds free of charge if they are required to fulfill an output quantity guaranteed to the customer. The supplier's obligation to store the molds shall expire two years after the last delivery of parts from the mold. The customer must be informed prior to disposal.
3. If a contract is terminated but the molds have not yet been amortized, the supplier is entitled to invoice the remaining amortization amount in full without delay.
4. If, as agreed, the customer is to become the owner of the molds, ownership is transferred to him after full payment of the purchase price for the molds. The handover of the molds to the customer shall be replaced by storage for the benefit of the customer. Irrespective of the customer's legal claim to surrender and of the service life of the molds, the supplier is entitled to their exclusive possession until termination of the contract. The supplier shall mark the molds as third-party property and insure them at the customer's request and expense.
5. In the case of customer-owned molds in accordance with No. 4 and/or molds provided by the customer on loan, the supplier's liability with regard to storage and care shall be limited to the same care as in its own affairs. The customer shall bear the costs of maintenance and insurance. The supplier's obligations shall lapse if the customer does not collect the molds within a reasonable period of time after completion of the order and a corresponding request. As long as the customer has not fulfilled his contractual obligations in full, the supplier shall in any case have a right of retention to the molds.

X. Drafts/plates/documents

1. The supplier retains the sole right of execution and copyright to drafts, documents, illustrations, drawings and other documents of the supplier. If the customer provides templates and ideas, the supplier shall receive a co-copyright to the extent that the template or draft was designed by the supplier.
2. If no order is placed, the customer shall be obliged to return to the supplier without delay all documents handed over to it, including any copies made. Digital copies must be permanently destroyed.
3. When providing templates and ideas, the Customer shall indemnify the Supplier against any claims by third parties asserting rights thereto.
4. The drafts, final artwork, printing plates and the like produced by the Supplier shall remain the property of the Supplier, even if the production costs have been charged to the Customer.

X. Provision of materials

1. If materials are supplied by the customer, they must be delivered in good time and in perfect condition at the customer's expense and risk with an appropriate quantity surcharge of at least 5%.
2. If these requirements are not met, the delivery time shall be extended accordingly. Except in cases of force majeure, the customer shall also bear the additional costs incurred for interruptions to production.

XI. Industrial property rights and defects of title

1. If the supplier has to deliver according to drawings, models, samples or using parts provided by the customer, the customer shall be responsible for ensuring that the industrial property rights of third parties in the country of destination of the goods are not infringed as a result. The supplier shall inform the customer of any rights known to him, but is not obliged to carry out his own research. The customer shall indemnify the supplier against third-party claims and pay compensation for any damage incurred. If the Supplier is prohibited from manufacturing or delivering by a third party with reference to a property right belonging to it, it shall be entitled - without examining the legal situation - to cease work until the legal situation has been clarified by the Customer and the third party. If the Supplier can no longer reasonably be expected to continue the order due to the delay, it shall be entitled to withdraw from the contract.
2. Drawings and samples provided to the Supplier which have not led to an order shall be returned on request; otherwise the Supplier shall be entitled to destroy them three months after submission of the offer. This obligation shall apply accordingly to the customer. The party entitled to destroy the samples must inform the contractual partner of its intention to destroy them in good time in advance.
3. The supplier shall be entitled to the copyrights and, if applicable, industrial property rights, in particular all rights of use and exploitation of the models, molds and devices, drafts and drawings designed by him or by third parties on his behalf. Upon request, the customer must return the documents, records, molds, samples or models, including any reproductions made, to the supplier without delay.
4. Should other defects of title exist, No. VII. shall apply accordingly.

XII. Food safety and recycling materials

1. If a product is to be used for contact with food, the suitability of the material for the specific food must be checked in advance by the customer on its own responsibility.
2. Recycled raw materials are carefully selected by the supplier. Reclaimed plastics may nevertheless be subject to major fluctuations in surface quality, color, purity, odor and physical or chemical properties from batch to batch; this does not entitle the customer to give notice of defects to the supplier. However, the Supplier shall, upon request, assign any claims against upstream suppliers to the Customer; the Supplier shall not assume any guarantee for the existence of these claims.

XIVI. Place of performance and jurisdiction

1. The place of performance shall be the place of the supplier's works.
2. The place of jurisdiction is, at the supplier's discretion, the supplier's registered office or the customer's registered office.
3. German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.