General Terms and Conditions
§1 General - Scope of Application
- Our terms and conditions of sale apply exclusively. We do not recognise any terms and conditions of the purchaser that conflict with or deviate from our terms and conditions of delivery, unless we have expressly agreed to their validity in writing. Our terms of delivery shall also apply if we carry out the delivery to the customer without reservation, despite being aware of terms and conditions of the customer that conflict with or deviate from our terms of delivery.
- All agreements made between us and the customer for the purpose of executing the respective contractual relationship shall be recorded in writing, electronically or in text form.
- Our terms and conditions of sale apply only to businesses within the meaning of the German Civil Code (BGB).
§2 Quotation, place of performance, scope of services
- Our quotations are non-binding and subject to change. We may, at our discretion, accept the offers made to us within 14 days by sending an order confirmation or by providing the ordered service/delivering the goods, or we may reject the offer.
- A contract is only concluded between the customer and us through our acceptance , which incorporates our Terms and Conditions of Delivery Our acceptance is only effective if it is declared at least in electronic form (email) or if we have performed a principal service owed under the contract.
- The place of performance and fulfilment is our registered office. Dispatch is at the expense and risk of the customer, unless otherwise agreed. We shall determine the route and means of transport at our discretion. If the customer so wishes, we shall cover the delivery with transport insurance or dispatch it as urgent or express freight; the costs incurred in this respect shall be borne by the customer.
- We may engage third parties, in whole or in part, to perform our services. We are entitled, to a reasonable extent, to provide partial deliveries
- Dimensions, thickness, area weights, weld seam quality Possible uses and other data describing the goods shall only determine their quality if this has been expressly agreed. In any case, however, the delivery of goods with the tolerances listed in the APPENDIX shall be deemed to constitute the specification of performance (nature) and thus the fulfilment of the performance obligations (based on the testing and evaluation clauses drawn up by the Fachverband Verpackungen und Verpackungsfolien [Professional Association for Packaging and Packaging Films], filed with the Federal Institute for Materials Testing).
- Specific expectations and intended uses, as well as tolerances regarding dimensions and thickness must be expressly agreed in order to determine the nature of the goods. This applies in particular to the requirements regarding durability and flammability, outdoor use, UV resistance, use as food or medical packaging, and antistatic properties.
- If we are commissioned to apply prints and colouring to the goods, the customer must provide us with a sample or instruct us to produce or submit a sample, for which the customer must give approval prior to production. We accept no liability for technically-related colour deviations übernehmen wir keine Gewährleistung.
- Transport packaging is provided by us. Furthermore, the customer must fulfil their obligations under the Packaging Ordinance or the Dual System themselves.
- We do not assume any guarantees or special risks unless this has been expressly agreed.
§3 The Customer's duty to provide information
When placing an order, the Customer must inform us of:- their individual rights, legal interests and interests affected by the contract,
- circumstances known to them or recognisable to them which could give rise to rights against us; in particular, relevant foreign trade regulations and other laws of the purchaser's country of origin and the country to which delivery is to be made
- any status as a consumer that they claim,
- other subjective and objective characteristics within their sphere that lead to special legal protection for them,
- statements, including advertising claims, made by us or third parties on which they rely,
- an intended use that affects the limitation period for rights in the event of defects,
- a contractual relationship between him and third parties - in particular consumers - which may give rise to recourse claims or other rights against us,
- his intended course of action following a deadline set by us, which shall be at least 14 days, for performance or subsequent performance.
§4 Prices - Terms of Payment
- Unless otherwise stated in the order confirmation, our prices are quoted inclusive of reasonable packaging and are ex-works. Statutory VAT is not included in our prices; it will be shown separately on the invoice at the statutory rate applicable on the date of invoicing.
- Costs for the production of printing plates, artwork, print files and special tools will be invoiced separately.
- Unless otherwise agreed, our invoices are due for payment 10 days after dispatch of the goods and are payable as follows:
- within 10 days of the invoice date with 2% discount, or
- after 30 days of the invoice date net (without deduction).
The cash discount is subject to the condition that the customer is not in arrears with any other payments. We reserve the right to deliver cash on delivery. Cheques are accepted only on account of performance. - We are entitled to demand advance payment of the full invoice amount prior to dispatch of the goods. If, after conclusion of the contract, it becomes apparent that our claim for payment is at risk due to the customer's inability to pay, we may refuse to perform and set the customer a reasonable deadline within which they must pay against delivery or provide security. If the customer refuses or the deadline expires without result, we are entitled to withdraw from the contract and claim damages.
- Rights of set-off The customer shall only be entitled to set-off if their counterclaims have been legally established, are undisputed or have been recognised by us. Furthermore, they shall be authorised to exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.
- In the event of default of payment we are entitled to charge default interest at the rate charged to us by the bank for overdraft facilities, but at least 8 percentage points above the respective base rate. In the event of default, we may, following written notification to the customer, suspend the fulfilment of our obligations until payment is received. In the case of mutual commercial transactions, we charge default interest at a rate of 8 percentage points above the base rate.
§4a Price Adjustment
- The agreed prices are based on the cost factors applicable at the time the contract is concluded, in particular those relating to raw materials, energy, transport, personnel and other procurement and production costs.
- We are entitled to adjust the agreed prices at our reasonable discretion if, after the conclusion of the contract, one or more of the aforementioned cost factors change by more than a negligible amount and this change affects the calculation of the agreed prices.
- A price increase may be considered in particular if the relevant cost factors increase by more than 5% in total. We are entitled to pass on cost increases in full to the customer, insofar as these are not offset by cost reductions in other areas.
- The supplier shall take any cost reductions into account according to the same criteria; however, the customer shall only be entitled to a price reduction to the extent that the cost reductions exceed the cost increases in total.
- When exercising the right to adjust prices, the Supplier shall take the relevant cost developments into account in a transparent manner, without being obliged to disclose its full cost calculations.
- The Supplier shall notify the Purchaser of price adjustments in writing at least four weeks before they take effect and shall set out the main reasons for them.
- If a price increase exceeds 15% of the originally agreed price, the customer shall be entitled to terminate the contract with regard to the delivery quantities not yet fulfilled within two weeks of receipt of the notification.
- Further statutory rights of both parties remain unaffected.
§5 Delivery time
- Delivery times are approximate and non-binding, unless their binding nature has been expressly confirmed. Compliance with our delivery obligation is subject to the timely and proper placing of the order and the fulfilment of the purchaser's obligations. We reserve the right to raise the defence of non-performance of the contract. We shall be liable in accordance with the statutory provisions, insofar as a fixed-date transaction within the meaning of § Section 286(2)(4) of the German Civil Code (BGB); Section 376 of the German Commercial Code (HGB). We shall also be liable in accordance with statutory provisions if, as a result of a delay in delivery for which we are responsible, the customer is entitled to claim that their interest in the further performance of the contract has ceased to exist.
- We shall not be liable for delayed delivery caused by the fault of the railway, post office or carriers, nor for loss or damage during transport.
§ 6 Retention of title
- We reserve title to the delivered goods until all payments arising from the business relationship with the customer have been received. Outstanding claims also include liabilities arising from cheque or bill of exchange proceedings. In the event of the customer's breach of contract, in particular in the event of default in payment, we shall be entitled, after setting a reasonable deadline, to take back the delivered goods. Our taking back of the goods shall constitute a withdrawal from the contract. Following the repossession of the goods, we are authorised to realise their value; the proceeds of such realisation shall be set off against the customer's liabilities - less reasonable costs of realisation.
- In the event of attachments or other interventions by third parties, the customer must notify us immediately in writing so that we may bring an action under Section 771 of the German Code of Civil Procedure (ZPO). Insofar as the third party is unable to reimburse us for the judicial and extrajudicial costs of an action under § 771 ZPO, the customer shall be liable for the loss incurred by us.
- The purchaser is entitled to resell the delivered goods in the ordinary course of business ; however, he hereby assigns to us all claims in the amount of the final invoice sum (including VAT) of our claim from, which accrue to him from the resale against his customers or third parties, irrespective of whether the goods have been resold without or after processing. The purchaser remains authorised to collect the claim even after the assignment. Our authority to collect the claim ourselves remains unaffected by this. However, we undertake not to collect the claim as long as the customer meets its payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or payments have been suspended. Should this, however, be the case, we may demand that the customer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and notifies the debtors (third parties) of the assignment.
- We undertake to release the securities to which we are entitled at the purchaser's request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released shall be at our discretion.
§7 Liability for defects
- The purchaser's rights in respect of defects are subject to the purchaser having duly fulfilled their obligations under Section 377 of the German Commercial Code (HGB) regarding inspection and notification of defects within fourteen days of receipt of the goods.
- Where the goods are defective, the customer may demand subsequent performance in the form of delivery of new goods free from defects . If the subsequent performance fails, the customer is entitled, at their discretion, to demand withdrawal from the contract or a reduction in price. Any further claims are excluded.
- We shall be liable in accordance with statutory provisions insofar as the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Insofar as no auml;tzliche Vertragsverletzung zur Last gelegt wird, ist die Schadensersatzhaftung auf den vorhersehbaren, typischerweise eintretenden Schaden begrenzt.
- We shall be liable in accordance with the statutory provisions insofar as we culpably breach a material contractual obligation ; in which case, however, liability for damages is limited to foreseeable, typically occurring damage.
- Insofar as the customer is entitled to compensation for damage in lieu of performance, our liability is limited to compensation for foreseeable, typically occurring damage.
- Liability for culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
- Unless otherwise provided for above, liability is excluded. This also applies to any claims for reimbursement of expenses.
- Claims for subsequent performance, damages and reimbursement of expenses shall lapse 24 months after delivery. The right to a reduction in price and to exercise a right of withdrawal is excluded insofar as the claim for subsequent performance has lapsed . The limitation period in the event of a supplier's recourse under Sections 478 and 479 of the German Civil Code (BGB) remains unaffected.
S§8 Total Liability
- Any liability beyond that provided for in §7 is excluded, irrespective of the legal nature of the claim asserted. This applies in particular to claims for damages arising from culpa in contrahendo, other breaches of duty or tortious claims for compensation for property damage, as well as to information provided regarding the processing or use of our goods, including technical advice.
- Insofar as our liability for damages is excluded or limited, this also applies with regard to the personal liability for damages of our employees, staff, representatives and vicarious agents.
§9 Force majeure
Force majeure, industrial disputes, unrest, official measures, failure of our suppliers to deliver, and other unforeseeable, unavoidable and serious events shall release us from our performance obligations for the duration of the disruption and to the extent of its effect. This shall also apply if these events occur at a time when we are in default, unless we have caused the default intentionally or through gross negligence.
§10 Place of jurisdiction and applicable law
- If the customer is a trader, the place of jurisdiction shall be the court having jurisdiction over our registered office. However, we shall also be entitled to bring proceedings against the customer at the court having jurisdiction over their place of business.
- The law of the Federal Republic of Germany shall apply exclusively.
APPENDIX to § 2(5):
Validity of dimensions:
The specified dimensions refer to the bag dimensions and not to the filling volume. Unless otherwise agreed, the dimensions stated refer, in accordance with commercial practice, to the external of the bags and bags on a roll. The dimensions are given in the following order: width, length, film thickness, with these figures separated by a multiplication sign, i.e. width x length x thickness.
The width of a bag is defined as the opening side. The width corresponds to half the circumference of the bag. All dimensions are given in millimetres (mm).
Width tolerances - bags/sacks:
Permissible deviations (tolerances) in width and length from the dimensions resulting from the manufacturing process:
Bag/sack length +/- 3 %
Bag/sack width +/- 3 %
Width tolerances - other films:
Width refers to the distance between the two edges in the case of tubular, semi-tubular and flat film. Lay width refers to the distance between the two edges in the case of gusseted tubular film with the gusset inserted. The film width is measured in an unstressed state. The width on the roll may vary for technical reasons. The following width tolerances apply to tubular film, half-tubular film, gusseted tubular film with the gusset extended and untrimmed flat film:
| Width in mm | Width tolerance in mm |
| up to 250 | ± 4 |
| 251-500 | ± 5 |
| 501-800 | ± 6 |
| 801-1200 | ± 8 |
| 1201-2000 | ± 12 |
| 2001-3000 | ± 15 |
| 3001-4000 | ± 30 |
| 4001-5000 | ± 50 |
| over 50001 | ± 80 |
Fortrimmed flat film, 50% of the width tolerance specified above applies. The following applies to gusseted tubing: The additional deviations or tolerances from the edge overlap and gusset depth may be as follows:
| Lying width in mm | Edge overlap in mm |
| 500 | ± 3 |
| 501-800 | ± 4 |
| 801-1200 | ± 8 |
| 1201-2000 | ± 10 |
| 2001-3000 | ± 12 |
| 3001-5000 | ± 15 |
| 50001 | ± 18 |
| Side pleat width in mm | Side pleat width tolerance in mm |
| 500 | ± 6 |
| 501-800 | ± 8 |
| 801-1200 | ± 12 |
| 1201-2000 | ± 16 |
| 2001-3000 | ± 20 |
Length tolerances:
The following length tolerances apply to tubular film, half-tubular film, gusseted film and flat film: ‘Length' refers to the unrolled length of a roll in metres.
| Roll length | |
| up to 100 m | ± 2.5 % |
| 101 m - 800 m | ± 2.0 % |
| 801 m - 2000 m | ± 1.5 % |
| 2001 m - 5000 m | ± 1.2 % |
| over 5001 m | ± 0.8 % |
Weld quality:
Weld quality is defined as follows: Breaking force of the weld [in N]/Breaking force of the film [in N] The weld quality is expressed as a weld factor. It is calculated as the arithmetic mean of all individual values and must be at least:
Minimum value:
For film thicknesses up to 60 µm:
Breaking force of the weld [in N] x 100 % = 70 %
Tensile strength of the film [in N]
For film thicknesses over 60 µm:
Tensile strength of the weld [in N], x 100 % = 60%
Tensile strength of the film [in N]
Number of test specimens: The samples must be taken individually from different batches. The number of test specimens in the event of any complaints is:
up to 5,000 pieces = 10 samples
5,001 to 10,000 pieces = 2 samples per 1,000 pieces
for every additional 10,000 pieces = 2 samples per 10,000 pieces
Film thickness:
Thickness measurements must cover the entire width (manufacturing width) of the sample. The measurement spacing must 10 mm or a maximum of 99 measurement points distributed evenly across the entire width (for film widths) than 1 m at variable intervals. The thickness measurement must be carried out using a calibrated thickness gauge. The thickness measurement must generally be carried out across the width of the film. The range of individual deviations from the nominal thickness (target thickness) may be:
| Up to 2500 mm width | Maximum individual deviation |
| Nominal thickness, target thickness | Thickness tolerance |
| less than 15 my | ± 22 % |
| 15 to 25 µm | ± 15 % |
| greater than 25 µm | ± 13 % |
| From width 2501 mm to 6000 mm | |
| less than 25 my | ± 25 % |
| 25 to 50 my | ± 20 % |
| greater than 50 my | ± 15 % |
| Width > 6001 mm | |
| < 50 my | ± 25 % |
| >/= 50 my | ± 20 % |
These values must be met by at least 95% of the measurement points. Thickness is specified in mm or my. The arithmetic mean is calculated from the individual measurements taken.
Weight per unit area:
The determined weight per unit area is specified in grams per square metre or running metre. The following tolerances apply to the ordered nominal thickness or target thickness, or the weight per unit area, upon delivery for each batch size:
| Target weight | Permissible deviations |
| up to 200 kg | ± 10% |
| 201 kg to 1,000 kg | ± 7% |
| 1,001 kg to 5,000 kg | ± 5 % |
| over 5,001 kg | ± 4 % |
dm-folien GmbH
Markwiesenstraße 33
72770 Reutlingen
Managing Directors Patrick Mühlinghaus, Maximilian Schuller, Marc Steinberg (authorised to represent the company individually)
Stuttgart Local Court HRB 354108
As of: April 2026
In case of a legal dispute the germen version of this text is legaly binding