General Terms and Conditions
Dosenspezialist GmbH
HRB 500914, AG Jena
Managing Director: Alexander Theilich
1. General Terms and Conditions
1.1
Orders shall be executed in accordance with the following terms and conditions. Any deviating provisions must be made in writing. Verbal and telephone agreements are non-binding. Individual contractual agreements shall remain unaffected.
1.2
Any counter-confirmations by the client referring to its own terms and conditions of business or purchase are hereby rejected.
1.3
The prices stated in the contractor’s offer are subject to the condition that the order data on which the offer is based remain unchanged. The contractor’s prices do not include value added tax. The contractor’s prices apply ex works. They do not include packaging, freight, postage, insurance, or any other shipping costs.
The contractor is entitled to adjust prices if, between the conclusion of the contract and the provision of the necessary documents by the client (Section 1.4), production costs increase due to circumstances for which the contractor is not responsible, in particular due to increases in supplier prices or transport costs.
If the contractor makes a price increase in such a case, the price increase may not exceed the increase in production costs. Upon request, the contractor shall provide proof of the increase in production costs to the client.
1.4
The client shall provide Dosenspezialist GmbH with all documents required for production, such as print data, drawings, data storage media, etc., free of charge and in accordance with the specified requirements, exclusively in the form of duplicates.
In the event of loss of or damage to such documents, Dosenspezialist GmbH shall be liable only up to the amount of the material costs. Dosenspezialist GmbH is not obliged to review the production documents supplied by the customer.
1.5
The production equipment used by Dosenspezialist GmbH for manufacturing the product, such as cutting tools, embossing tools, lithographs, printing plates, printing screens, and data storage media, etc., shall only be charged pro rata in accordance with the agreement, shall remain the property of Dosenspezialist GmbH, and shall not be delivered.
1.6
The documents and items listed in Sections 1.4 and 1.5 shall be stored for a period of twelve months.
1.7
Subsequent changes requested by the client, including any machine downtime caused thereby, shall be charged to the client.
Subsequent changes shall also include repeated proof prints requested by the client due to minor deviations from the template.
1.8
Sketches, drafts, sample typesetting, proof prints, samples, and similar preliminary work initiated by the client shall be charged, even if the order is not placed.
2. Delivery Terms
2.1
Dosenspezialist GmbH is entitled to make partial deliveries and render partial services. Over- or under-deliveries of up to 10% are permitted for quantities up to 500 units and 5% for larger quantities.
2.2
Promised delivery times shall be observed as far as possible. A confirmed delivery date shall not be deemed an agreement on a fixed-date transaction unless this is expressly recorded in writing.
2.3
In cases of force majeure, operational disruptions, strikes, lockouts, boycotts affecting the operations of Dosenspezialist GmbH or important subcontractors, delayed delivery of raw materials, transport obstacles, and other circumstances over which Dosenspezialist GmbH or the buyer has no control, Dosenspezialist GmbH shall not be liable.
2.4 Logistics and Transport
The stated shipping and delivery times are based on customary production and transport times.
Information on shipment, transport, and delivery dates, especially for sea freight transport, as well as port, customs, and other logistics processes, is provided to the best of our knowledge but is non-binding insofar as these processes are beyond the control of Dosenspezialist GmbH.
Delays caused by shipping companies, port handling, customs clearance, strikes, or other logistical circumstances beyond the control of Dosenspezialist GmbH shall not constitute delay in delivery.
2.5
In such cases, neither shall Dosenspezialist GmbH be in default of delivery nor shall the buyer be in default of acceptance. In the event of unforeseen circumstances within the meaning of the preceding provisions, Dosenspezialist GmbH shall be entitled to withdraw from the contract in whole or in part.
2.6
Claims for damages by the buyer or claims arising from cover purchases or similar due to such withdrawal are excluded.
If Dosenspezialist GmbH is in default with performance, the buyer must set a reasonable grace period before asserting any rights arising from delayed delivery.
2.7
Shipment shall always be at the buyer’s risk, even in the case of carriage-free delivery. If the buyer requests express or insured shipping, the additional costs shall be borne by the buyer.
The risk of loss of or damage to the goods during transport, as well as the effects of force majeure, transport embargoes, and similar events, shall be borne by the buyer.
2.8
In B2B transactions, the customer shall, notwithstanding Section 15 of the German Packaging Act (VerpackG), be responsible at its own expense for the proper disposal of the transport packaging at the place of delivery.
3. Payment Terms
3.1
Payment (net price plus VAT) shall be made without deduction upon receipt of the invoice. The invoice shall be issued on the date of delivery, partial delivery, or readiness for delivery (obligation to collect, default of acceptance).
3.2
Advance payment may be required for the provision of unusually large quantities, special materials, or advance services.
3.3
Dosenspezialist GmbH reserves the right, at its own discretion, to make delivery cash on delivery or to require advance payment.
If delivery on open account is requested, Dosenspezialist GmbH must be given the opportunity to conduct a credit check. If the customer fails to meet its payment obligations or if circumstances become known that are likely to call its creditworthiness into question, all claims shall become due immediately.
3.4
In the event of late payment, default interest and expenses shall be charged from the due date, without prejudice to any further claims.
If the buyer defaults on a payment, Dosenspezialist GmbH shall be entitled to demand immediate payment of all outstanding invoices, including those not yet due.
3.5
Set-off and the assertion of rights of retention against the payment claim are excluded. This shall not apply to undisputed or legally established counterclaims or to rights of retention arising from the same contractual relationship.
3.6
If delivery is delayed at the buyer’s request, invoicing shall take place upon readiness for delivery.
4. Notices of Defects
4.1
Defects must be reported to Dosenspezialist GmbH in writing within 10 working days after receipt of the goods by the customer or by the delivery point designated by the customer, enclosing a defective sample of the complained goods.
Goods that have been processed or further processed can no longer be complained about. After expiry of this period, the goods shall be deemed approved.
4.2
In the event of justified complaints, Dosenspezialist GmbH shall take back the goods, replace them, or grant the buyer a price reduction.
The liability of Dosenspezialist GmbH for damages arising from the delivery of defective goods or from incorrect delivery shall be limited in amount to the purchase price of the consumed part of the complained delivery. Any further claims of any kind are excluded. This shall not apply insofar as mandatory statutory liability provisions provide otherwise.
4.3
If the customer has the goods stored at Dosenspezialist GmbH, the above periods shall commence upon receipt of the invoice issued by Dosenspezialist GmbH for the goods.
Dosenspezialist GmbH is obliged to give the customer the opportunity to inspect the goods held in storage.
4.4
Sheet metal thicknesses and weights shall be maintained within the tolerances customary in the industry. In the case of printed or coated packaging, Dosenspezialist GmbH will endeavor to match the specified colors exactly, but cannot guarantee exact compliance for technical reasons.
4.5
In the event of timely and justified complaints, Dosenspezialist GmbH shall, at its discretion, be entitled to make a replacement delivery with a new delivery period, take back the goods against credit, or remedy the defect.
Any further claims by the customer, in particular for rescission, reduction, or damages, are excluded. This shall not apply insofar as mandatory statutory liability provisions provide otherwise. Limitation shall occur within one month after rejection of the notice of defects by Dosenspezialist GmbH.
4.6
For special clearance items, any right of return is excluded; for second-quality goods, this right is limited to the case that defective goods were delivered. Returns are only permitted with our written consent.
5. Warranty
5.1
Any recommendations made by Dosenspezialist GmbH regarding the suitability of the delivered goods for use are non-binding. Although they are the result of careful examination, they can only serve as guidelines due to the variety of applications and working methods.
No warranty can therefore be assumed in any individual case. The buyer is obliged in every case to inspect the goods before commencing further processing. The buyer must satisfy itself that the goods are suitable for the intended purpose. Dosenspezialist GmbH is not responsible for the proper use of the goods by the customer.
5.2
In place of the buyer’s right to rescission or reduction, a right to subsequent performance shall be agreed. If the delivered item is located outside the seller’s place of business, transport costs, travel expenses, and postage shall not be borne. Dosenspezialist GmbH reserves the right to provide a replacement delivery instead of remedying the defect.
5.3
No warranty shall be assumed for defects caused by improper handling, incorrect use, improper storage, or external influences.
6. Returns of Goods
Returns are only possible with the consent of Dosenspezialist GmbH, unless the return is based on a justified complaint.
7. Retention of Title
7.1
The goods shall remain the property of Dosenspezialist GmbH until full payment of all claims arising from the sales and business relationship with the buyer has been made.
If the buyer fails to properly meet its payment obligations, it shall be obliged to surrender the goods subject to retention of title. In the case of a current account, the retained title shall serve as security for the respective outstanding balance.
7.2
The buyer is entitled to process the delivered goods and to resell them in the ordinary course of business, whether in unprocessed or processed condition.
The pledging or transfer by way of security of goods subject to the seller’s retention of title is not permitted. Any processing or transformation of the goods subject to retention of title shall be carried out by the buyer on behalf of Dosenspezialist GmbH without any obligations arising for the latter.
If the goods subject to retention of title are processed or combined with other goods not belonging to Dosenspezialist GmbH, the seller shall acquire co-ownership of the new item in proportion to the value of the goods subject to retention of title relative to the other processed goods at the time of processing or combination.
7.3
If the buyer acquires sole ownership of the new item as a result of processing or transformation, the contracting parties agree that the buyer shall grant the seller co-ownership of the new item in proportion to the value of the processed or combined goods subject to retention of title and shall hold such item in custody for the seller free of charge.
If the buyer resells the seller’s goods subject to retention of title, whether unchanged, processed, or transformed, the buyer hereby assigns to the seller, until all claims existing against it have been satisfied, the claims arising from such sales against its customers, together with all ancillary rights. Dosenspezialist GmbH hereby accepts the assignment.
Upon request, the buyer is obliged to hand over to Dosenspezialist GmbH the documents required for asserting its rights. The buyer is authorized to collect such claims, but undertakes to transfer the collected amounts to Dosenspezialist GmbH immediately.
Dosenspezialist GmbH undertakes to release the securities to which it is entitled under the above provisions at the buyer’s request, at the buyer’s discretion, insofar as their value exceeds 20% of the claims to be secured.
7.4
The buyer must inform Dosenspezialist GmbH without undue delay of enforcement measures by third parties against the goods subject to retention of title or against the claims assigned in advance. The buyer is obliged to provide all necessary documents for intervention without delay.
8. Production / Product Marking / Copyright
8.1
In the manufacture of the packaging by Dosenspezialist GmbH, the customer warrants that the content, graphics, presentation, etc. used do not infringe any third-party intellectual property rights, utility models, design rights, trademarks, or other legal prohibitions and requirements.
If claims are asserted against Dosenspezialist GmbH or proceedings are initiated against Dosenspezialist GmbH due to such infringements, Dosenspezialist GmbH shall be indemnified against such claims and the costs incurred.
9. Privacy Notice
The controller within the meaning of the General Data Protection Regulation is Dosenspezialist GmbH, Schwabhäuser Str. 29 und 31, 99867 Gotha, Germany, telephone +49 (0) 3621 733800, email: info@doseplus.de.
9.1 Collection and Processing of Personal Data
We process personal data in the context of initiating, performing, and handling business relationships with customers, suppliers, interested parties, and other business partners. This particularly concerns data of contact persons at companies and other organizations.
The data processed include in particular: title, first name, last name, company, function, email address, address, telephone and fax numbers, as well as any other information required for contract initiation, contract performance, correspondence, invoicing, dunning, and the assertion or defense of claims.
Where personal data are not collected directly from the data subject, they generally originate from the company or organization for which the data subject works, or from publicly accessible sources.
9.2 Purposes and Legal Bases of Processing
The processing of personal data is carried out for the implementation of pre-contractual measures and the performance of contractual obligations, for compliance with legal obligations, and for the purposes of legitimate interests, in particular for maintaining business relationships, internal administration, ensuring IT security, and asserting, exercising, or defending legal claims.
The legal bases for processing are Art. 6(1)(b), (c), and (f) GDPR. Where consent has been given, processing is based on Art. 6(1)(a) GDPR.
The provision of personal data is generally necessary for the initiation, performance, and handling of the business relationship. Without these data, contract performance or correspondence may in individual cases not be possible or only possible to a limited extent.
9.3 Disclosure of Data to Third Parties
Personal data shall only be transferred to third parties where this is legally permissible and necessary for the performance of the contractual relationship, compliance with legal obligations, or the purposes of legitimate interests. This includes in particular disclosure to shipping companies, banks, IT service providers, and other service providers and processors.
9.4 Storage Period
The collected personal data shall only be stored for as long as necessary for the performance of the business relationship or as long as statutory retention obligations apply. After expiry of the statutory retention periods, the data shall be deleted unless they are still required for the assertion, exercise, or defense of legal claims.
9.5 Rights of Data Subjects
Data subjects have the right to access, rectification, erasure, restriction of processing, data portability, and withdrawal of any consent given with effect for the future. In addition, they have the right to object to the processing of personal data insofar as such processing is based on Art. 6(1)(f) GDPR.
9.6 Right to Lodge a Complaint
Data subjects have the right to lodge a complaint with a data protection supervisory authority. The authority regularly responsible for Dosenspezialist GmbH is:
Thuringian State Commissioner for Data Protection and Freedom of Information
Haesslerstrasse 8
99096 Erfurt
Email: poststelle@datenschutz.thueringen.de
9.7 Online Data Processing
Personal data are also processed via our website at www.doseplus.de, in particular technical connection data such as the IP address. Additional privacy information can be found at www.doseplus.de/datenschutz
10. Place of Performance and Jurisdiction
The place of performance for delivery and payment is Gotha. Jurisdiction agreements shall apply only vis-a-vis merchants, legal entities under public law, or special funds under public law.
The place of jurisdiction, including for matters relating to bills of exchange or checks and for claims by the reseller against Dosenspezialist GmbH, shall be the Local Court or Regional Court having jurisdiction for Dosenspezialist GmbH.
Contact
Dosenspezialist GmbH
Schwabhäuser Str. 29 und 31
99867 Gotha
Germany
Phone: +49 (0) 3621 733800
Fax: +49 (0) 3621 7338029
Email: info@doseplus.de
Version: 03/2026