Terms of service

General Terms and Conditions of Sale and Delivery of Worldpack Trading B.V.

The private limited liability company under the laws of the Netherlands Worldpack Trading B.V., having its statutory seat in Eindhoven, the Netherlands, hereinafter designated as “Worldpack Trading” or “Contractor” or is indicated with “we” or “us/our”. The party that concludes an agreement with Worldpack Trading within the framework of the conduct of business is designated as “counterparty” or “Principal”.


Article 1: General

1. These General Terms and Conditions of Sale and Delivery (hereinafter: “GTC”) are applicable to all offers and agreements, deliveries and services to be executed by Worldpack Trading as well as all of its group companies.
2. General terms and conditions (of purchase) of a (potential) counterparty of Worldpack Trading are explicitly and in all cases rejected. Under counterparty is being understood each (legal) person that has concluded an agreement with Worldpack Trading, respectively wishes to conclude, as well as his representative(s), attorney(s)-in-fact, successor(s) and heir(s).
3. If any stipulation of these GTC is invalid or invalidated, the remaining stipulations of these GTC shall remain in full force and Worldpack Trading and the Principal shall enter into consultation in order to agree upon new stipulations for the replacement of the invalid or invalidated stipulations, whereby as much as possible the purpose and the tenor of the invalid section or invalidated stipulation shall be observed.
4. In case the General Terms and Conditions or Sale and Delivery are translated, the Dutch version is and shall remain prevailing in case of possible differences in meaning or interpretation. 

Article 2: Offer and acceptation

1. Each offer of Worldpack Trading is non-binding and needs to be regarded as one entity only.
2. All price lists, brochures and other data provided with an offer have been stated as precise as possible but these are only binding for us if this has been confirmed explicitly.
3. Sending of offers and (other) documentation does not oblige us to delivery or acceptation of the order.
4. Worldpack Trading reserves the right to refuse orders without stating reasons or under COD.
5. All documents concerning offers issued by Worldpack Trading are and shall remain property of Worldpack Trading and may not, without our permission in writing, be passed on to third parties, given for viewing, be multiplied or copied in whichever manner.
6.  Principal can accept the offer during a term of 14 days after date of the offer, except for another explicitly stated term for acceptation.
7. An agreement is only concluded after acceptation of the offer and a confirmation in writing of the order by Worldpack Trading, or after a start with the execution has been made by Worldpack Trading.
8. If by circumstances, including the nature, the scope or the urgency of the order, no order confirmation has been sent, then the invoice of Worldpack Trading should be regarded as an order confirmation.
9. Each agreement is concluded by Worldpack Trading under the suspending condition that the Principal – and such solely at the discretion of Worldpack Trading – proves to be sufficiently credit worthy for the monetary compliance with the agreement.

Article 3: Changes

1. Changes in the agreement should be agreed in writing by parties. (Verbal) agreements and/or promises by our personnel or on behalf of us made by other (intermediary) persons are only binding if and to the extent that these have been confirmed by us in writing.
2. Changes as well as the necessary extra activities as a consequence of incorrect or incomplete data or insufficient cooperation of the Principal will be regarded as extra work and shall as such be for the account of the Principal

Article 4: Prices and costs

1. Prices and rates are in Euro. All prices are exclusive of VAT and/or other levies, duties and import duties, but must be paid inclusive of VAT and/or other levies, duties and import duties.
2. The prices stated by Worldpack Trading are based on cost price determining factors applicable at the time of the offer, including wage sums, calculated according to the normal working hours applicable in the enterprise of Worldpack Trading.
3. Worldpack Trading is authorised to bring a 2% (credit limitation) surcharge into account. In case of payment before expiry of the payment term the calculated (credit limitation) surcharge can be deducted from the amount of the invoice.
4. If after the date of offer one or more cost price determining factors undergo a change, also when this takes place as a consequence of foreseeable circumstances, then Worldpack Trading is authorised to change the price agreed upon the acceptation of the order and this is to be claimed in the same instalments as in which the original price has been made payable.
5. If the application of the previous section should lead to a price increase of 10% or more within a term of 3 months after the conclusion of the agreement, then the Principal is one time authorised to dissolve the agreement within 10 working days after he has been notified of the price increase, by means of registered mail, or to withdraw the issued order and to suffice with the payment of the already performed, on the basis of the prices applicable before the increase. This stipulation does not apply to price increases to which we are obliged or authorised on the basis of stipulations in the law. 

Article 5: Payment

1. For each (partial) delivery an invoice is drafted and sent. Worldpack Trading is authorised to require of Principal that prior to the delivery an advance of the total order amount is paid. Payment needs to take place within 14 days after the date of the invoice. The value date stated on our bank statements is decisive and shall therefore be regarded as payment day.
2. Unless explicitly differently agreed upon, the payment by the Principal needs to take place by means of deposit or bank transfer into a bank account designated by Worldpack Trading in Netherlands currency, or net-in-cash upon delivery, without any discount, deduction or set-off under whichever name.
3. Each payment of the counterparty serves primarily for the satisfaction of the interest due by him as well as of the collection and/or administration costs made by us and will thereafter be withdrawn from the oldest due amount.
4. Set-off by Principal is not permitted.
5. In case of exceeding of any payment term prescribed in the conditions or agreed upon separately the Principal is without further notification of default directly in default by law. Worldpack Trading is in that case authorised to proceed without further notification of default to collection. To the Principal shall in that case be brought into account over the due sum the trade interest by law according to Article 6:119a Dutch Civil Code, to be increased with an interest of 1% per month.
6. The Principal is liable to pay next to the principal sum and the delay interest all costs, both in-court as out-of-court, that are made by Worldpack Trading for the collection of its claim as well as for the benefit of the conversation of its rights. Under in-court costs will be understood in any case the declarations of lawyers, experts and all those that Worldpack Trading has commissioned to assist with the collection or to whom Worldpack Trading has commissioned to conduct procedures, also when the concerned declarations are possibly higher than the sum, which the court in the procedure has estimated because of costs to be charged to the party who lost the case. Under out-of-court costs shall in each case be understood the declarations and invoices of (legal) advisers, collection agencies, bailiffs and all those that Worldpack Trading has commissioned to assist Worldpack Trading in the out-of-court collection. The out-of-court costs shall thereby set to at least 15% of the principal sum increased with the due VAT.
7. Worldpack Trading reserves the right in prevalent cases to suspend the execution of the agreement until the payment has been received or to dissolve the agreement. All costs of storage made in this framework will be for the account of the Principal.
8. Worldpack Trading is also after the conclusion of the agreement authorised to request of Principal surety for the compliance with his financial obligations towards Worldpack Trading, if Worldpack Trading has good grounds to fear that Principal shall not or not timely comply with his payment obligations towards Worldpack Trading. If and for as long as the Principal in that case refuses or is not able to provide surety, then Worldpack Trading is authorised to suspend the execution of its obligations or to dissolve the agreement.
9. Principal is obliged to notify Worldpack Trading without delay of an attachment to his movable and/or immovable assets, (application for) bankruptcy, stay of payment or application for debt santisation and of all circumstances or events that for Principal and/or Worldpack Trading can be of negative influence on the proper execution of the agreement.
10. Worldpack Trading is always authorised to set-off all monetary claims of the Principal on Worldpack Trading with claims of both Worldpack Trading as well as all enterprises affiliated in any way with Worldpack Trading on the Principal.
11. If the counterparty in any way forms part of a group of enterprises, then under the Principal in the sense of section 10 shall be understood all enterprises belonging in any way to that group.

Article 6: Delivery and delivery time

1. Unless explicitly differently agreed upon, delivery takes place according to the Inco term EXW (ex works) with the explicit stipulation that Worldpack Trading upon request of the Principal and/or upon request of his forwarder for the risk of the Principal shall load the goods into the first means of transport, unless explicitly differently agreed upon. Transport costs and insurances are for the account of the Principal. The risk is transferred to Principal on the moment of delivery.
2. The stated delivery terms are non-binding and shall only be given by approximation; these are therefore only indicative and never fatal. Slight exceeding of the delivery time, which is not the consequence of wilful intent or gross negligence, can never give the Principal a claim to compensation for damages.
3. The delivery term starts after confirmation by Worldpack Trading of the order of the Principal, but not sooner than after receipt by Worldpack Trading of all data required for the execution of the agreement and – if agreed upon – payment by the Principal or making available of the original bank guarantee.
4. If the Principal does not or not timely comply with any obligation from this or deriving from another agreement related with the order, then Worldpack Trading is authorised, after having declared the Principal in default in writing, to suspend the execution, without that Worldpack Trading can be held to any indemnification. The delivery time will be extended with the time that the agreement is thus suspended.
5. If Worldpack Trading, after a summation for that purpose by the Principal whereby Worldpack Trading is given a reasonable term, does not, not timely or not properly comply with its obligations, the Principal can suspend or dissolve the concerned agreement only for the default part, however without having a claim to compensation of damages.
6. Exceeding of the delivery term as a consequence of Force Majeure gives neither of the parties right to compensation for damages, nor to non-compliance with any obligation deriving from any from this or another agreement related to the order, nor to the dissolution of the agreement.
7. In case of exceeding the delivery terms, other than by Force Majeure, from the party by whose fault or for whose risk the exceeding has taken place, payment of compensation for damages can be claimed in accordance with the following regulations and limitations:
   -    the compensation for damages due by Worldpack Trading is set at the amount of the direct damages actually incurred by the Principal to the extent that this shall be duly established and;
   -    the total due compensation for damages by Worldpack Trading shall in no case amount to more than 3% of the price agreed upon for the concerned.
8. If the Principal issues an expectation with regard to goods to be purchased and Worldpack Trading as a consequence reserves capacity, then the Principal is required to at least take off 75% of the issued expectation. If the Principal takes off less than the previously stated minimum, then Worldpack Trading is authorised to bring the difference into account to Principal.
9. Goods that after the expiry of the delivery term (in case of delivery on call after the call term) have not been taken off by the Principal, remain at the disposition of Principal and shall be stored by Worldpack Trading for the account and risk of the Principal. Unless explicitly differently agreed upon by parties, goods shall be stored for a maximum of one year for Principal, after which we are authorised to (private) sale or destruction of these goods, without further notification to the counterparty. The possible lesser proceeds and/or the costs will be for the account of the counterparty, notwithstanding our other rights.

Article 7: Force Majeure

1. Each obligation of Worldpack Trading to compliance with the agreement is suspended for the duration that compliance as a consequence of Force Majeure is not or not properly possible.
2. Under Force Majeure on the side of Worldpack Trading will here be understood: any circumstance independent from our will whether or not foreseen and/or foreseeable because of which compliance with the agreement cannot reasonably be required by Principal anymore from Worldpack Trading.
3. There is an instance of Force Majeure among others, but not limited to, in case of fire, flooding, work strike, excessive absence because of illness of our personnel, epidemics, (civil) war, terrorism, government measures, non (timely) availability of licenses, trade embargos, work unrest, power cuts, enterprise disruptions, default by or delay at the side of suppliers and subcontractors of Worldpack Trading and the not (timely) or insufficient availability of materials, transport, fuels, energy and labour force.
4. The shortcoming party is obliged to notify the counterparty without delay of such a circumstance. If the compliance is suspended for longer than three months or as soon as it is sure that this will last at least three months then either of the parties can request by registered mail that the agreement is either adapted to the circumstances or is dissolved with immediate effect for the concerned part, without that parties thereby are held in either direction to compensation for damages.
5. If Worldpack Trading upon the emergence of the situation of Force Majeure has already partially complied with the agreed upon obligations, the Worldpack Trading is authorised to invoice the executed activities separately and in-between and the Principal should pay this invoice as if it concerned a separate transaction.
6. We have the right to also claim Force Majeure if the circumstance that renders the Force Majeure emerges after our performance should have been delivered

Article 8: Dissolution

1. If:
   a.    Principal does not, not timely or not properly comply with any obligation towards Worldpack Trading resting on him,
   b.    Principal is declared bankrupt of a request thereto has been filed, a stay of payment has been requested or granted, an application 
          of the debt sanitisation (WSNP) has been requested or granted;
   c.    A (conservatory) attachment has been placed on the entirety of part of the properties of Principal;
   d.    Principal is dissolved or liquidated, splitting or merger takes place or, when it concerns a natural person, dies;
   e.    Principal proceeds to cessation or transfer of his enterprise or an important part thereof, including the introduction of his enterprise 
          in another enterprise;
   f.    the data provided by Principal to Worldpack Trading prove not to be in accordance with the actual situation;
   and Principal has not complied with all of his obligations towards Worldpack Trading, then Worldpack Trading has the right by the mere occurrence of one of the aforementioned circumstances, without that any notification of default or intervention of the courts shall be required, to regard the agreement as dissolved and to claim back the delivered as its property and/or to demand any amount due by Principal to Worldpack Trading in its entirety. In addition Worldpack Trading has at all times the right to claim from Principal compensation for damages.
2. Worldpack Trading also has the authority to dissolution if compliance is so burdensome that this in reasonableness cannot be required from it.
3. In order to let Worldpack Trading exercise the right to repossession of the goods referred to in the first section, Principal grants already now for then permission to Worldpack Trading to access or let be accessed the terrains and buildings where the goods are located for that purpose. The costs of return of the goods will be for the account of Principal.

Article 9: Reclamations
 

1. The Principal is obliged to take delivered goods and/or executed activities at all times into receipt and to inspect directly after delivery on possible shortcomings and to make these known as soon as possible, but no later than within a term of eight days after the activities have been completed or the goods have been delivered in writing to Worldpack Trading.
2. For reclamations concerning non conformity, an ultimate term of 3 months after delivery applies. After the expiry of this term the counterparty is deemed to have approved the delivered, respectively the invoice. Then reclamations will not be taken into treatment anymore by us. Defects however should be made known in writing within ten days after the day on which the defects have been discovered, at least within ten days after the defect reasonably should have been discovered, by the Principal to Worldpack Trading.
3. Proof of the timely submission as well as of the correctness of the reclamation rests on Principal. Principal is required to make note of externally visible defects directly on the proof of receipt and (in a general sense) to give Worldpack Trading always all cooperation for the execution of in investigation on the location into alleged defects.
4. Deviations of a slight nature and/or customary in the industry (including in any case deviations in numbers up to 10%) and slight, usual and unavoidable differences in quality, colour, dimensions, thickness and weight etc. can never give ground for reclamations. For the specific stipulations regarding the customary and permitted deviations, reference is made to the additional technical specifications of Worldpack Trading, that also have been filed at the Court Oost-Brabant in ’s-Hertogenbosch under number @@ and that will be sent upon first request of the counterparty free of charge.
5. If a complaint is found well founded according to above stipulations, then the rule is that Worldpack Trading is only and exclusively held to replace the concerned goods delivered by Worldpack Trading free of charge within a reasonable term, in any case in accordance with its normal enterprise process, without that the counterparty can make any right in addition to whichever compensation.
6. If the Principal has not made a reclamation within the terms referred to in the previous sections, or if the Principal notwithstanding continues to dispose over the delivered goods or has processed these, then he is deemed to have approved the delivered and to have waived all rights and authorities which are at his disposition on the basis of the law and/or agreement. In case of reclamation the Principal is therefore not authorised to suspend the compliance with his obligations towards Worldpack Trading. 

Article 10: Cooperation by Principal

1. The Principal shall always provide Worldpack Trading timely with all cooperation useful for a proper execution of the agreement and provide all necessary data or information.
2. If data necessary for the execution of the agreement are not, not timely or not in accordance with the made agreements at the disposition of Worldpack Trading or if the Principal in another manner does not comply with his obligations, then Worldpack Trading has in any case the right to suspension of the execution of the agreement and Worldpack Trading has the right to bring the costs arisen from it in accordance with the customary rates into account.
3. Worldpack Trading is authorised to employ third parties for the execution of the agreement. Worldpack Trading is also authorised to assign rights and obligations which derive from the agreement to third parties.

Article 11: Retention of property

1. All goods delivered to the Principal remain property of Worldpack Trading but for the account and risk of the Principal, until all amounts that the Principal is due for the goods delivered or to be delivered or activities executed or to be executed on the basis of this agreement or any other agreement concluded with Principal, as well as concerning the present and future claims on the Principal because of the shortcoming in the compliance by the Principal of this or similar agreement(s), including interest and costs of collection, have been paid in full by the Principal.
2. As long as goods according to the previous section are still property of Worldpack Trading, Principal is not authorised to alienate or encumber, to rent out, give as a lien or to make available under whichever name to third parties or to exclude from our recourse the goods, or to fix them to an (un)movable good not belonging to us, except for when such is necessary for the normal conduct of enterprise of Principal. In case of violation of this stipulation by Principal he shall be liable to pay to Worldpack Trading a contractual fine payable immediately upon demand in the amount of 1.5 times the net invoice value, notwithstanding our right to additional compensation for damages.
3. Principal is required to mark the delivered goods upon first request of Worldpack Trading free of charge as property of Worldpack Trading and to provide all cooperation to measures that Worldpack Trading wants to take for the protection of its property right.
4. Principal is obliged to notify Worldpack Trading without delay in writing if third parties want to claim rights on the goods still belonging to Worldpack Trading as property.
5. The Principal is obliged to insure the goods for the duration of the reserved property against fire, explosion and water damages as well as against theft and to give the policies of these insurances to Worldpack Trading for viewing upon first summation. All claims of the Principal on the insurers of the goods on the basis of the mentioned insurances shall, as soon as Worldpack Trading makes it known to wish so, be given by the Principal to it as a lien in the manner stated in Article 3:239 Dutch Civil Code, as extra surety for the claims of Worldpack Trading against the Principal.
6. If the Principal comes short in the compliance with his payment obligations towards Worldpack Trading, or gives Worldpack Trading good ground to fear that he shall come short in the obligations, then Worldpack Trading is authorised to repossess the goods delivered under retention of property.
7. All costs possibly arisen because of that are for the account and risk of Principal. If Worldpack Trading requests the goods as its property, then the Principal is required to point Worldpack Trading to the location where the goods are and the Principal grants already now for then permission to access or let be accessed the concerned terrains and buildings, in order to repossess the goods. 

Article 12: Liability

1. The total liability of Worldpack Trading because of imputable shortcoming in the compliance with the agreement is limited to compensation of the material and direct damages to the maximum of the amount of the price (exclusive of VAT) separately stipulated for the concerned goods.
2. For the damages described before, Worldpack Trading accepts in any case no liability for damages against which Worldpack Trading has not been insured and should not have been insured on the basis of the customs applicable in the industry. Furthermore the total liability of Worldpack Trading shall never exceed the amount of the price agreed upon for the concerned order in total.
3. Worldpack Trading can solely be held liable for those direct damages for which it has explicitly accepted liability in these conditions.
4. Worldpack Trading accepts no liability whatsoever for not proper parts of goods, which parts have been produced by a third party in commission of Principal, if and to the extent that this improperness is the consequence of incorrectness respectively imperfections in the design provided by Principal to Worldpack Trading, as well as for violations that that design makes on rights of third parties.
5. The Principal safeguards Worldpack Trading from all claims of third parties because of product liability as a consequence of a defect in a product that has been delivered by the Principal to a third party and that in part consisted of goods delivered by Worldpack Trading, except for if and to the extent that the Principal proves that the damages have been caused by the goods delivered by Worldpack Trading. 

Article 13: Intellectual property rights

1. The copyright or any other intellectual property right concerning designs, drawings, patterns etc, manufactured by us or in commission of the counterparty, remains our property unless the right has been assigned explicitly and in writing to the counterparty.
2. Principal should demonstrate or make likely upon first request of Worldpack Trading that Principal is authorised and has (copy)rights regarding the designs, drawings, patterns etc involved in the order, in the absence of which Worldpack Trading is authorised to refuse the order or to dissolve the agreement, notwithstanding our other rights.
3. We assume no guarantee whatsoever for the existence of or the possible infringement of any copyright, right of reproduction or other intellectual property right of third parties. Principal safeguards us for all consequences of possible infringements regarding designs, drawings, patterns etc, manufactured in commission.

Article 14: Property rights regarding drawings and so forth

1. All designs, drawings, patterns, clichés, prägewalsen, lithographs, diapositives, shapes, deep print cylinders etc. – whether or not made upon request of the counterparty – by or in commission of us that are not separately brought into account to the counterparty shall remain our property.
2. These must immediately be returned upon our request, at the peril of a contractual fine immediately payable upon demand of € 600.00 per day that the counterparty remains in default herewith. If after a requested offer the order remains absent, the costs of a certain design and the clichés possibly already manufactured can be brought into account by us to the counterparty. Clichés, that by or with permission of the counterparty have been taken into use are deemed to have been approved. Print cylinders and prägewalsen remain, also if brought into account to the counterparty, our property. If a print cylinder or prägewalsen have not been used during a year for print work respectively prägewerk for the benefit of the counterparty, then we are authorised to remove the top layer without being liable to pay any compensation to the counterparty.
3. In prevalent cases in which the counterparty wishes to get in his possession printing materials etc. that he has paid for, we shall arrange therefore against the current transport and shipping costs and € 50.00 administration costs per case. 

Article 15: Guarantee

1. If Worldpack Trading has acquired goods for the execution of its obligations from third parties, a maximum warranty is given up to the guarantee that the third party provides.
2. Excluded from the guarantee are defects and materials or parts that are prescribed by or on behalf of Principal and/or are made available and/or have been manufactured upon request Principal to/for Worldpack Trading by a third party. In respect to these goods equal to a defect is declared unsuitability for the use for which the prescribed materials and/or parts have been designated by Principal.
3. A claim to guarantee immediately becomes void if the goods have not, at least not in a proper way, been treated, including in any case, without limitation, it should be understood damages that are the consequence of improper storage and/or improper transport.
4. The guarantee does not apply if and for as long as counterparty does not comply with his obligations towards Worldpack Trading.
5. Except for the guarantee described above no other obligations for repair or replacement apply to Worldpack Trading. 

Article 16: Applicable law

1. All offers, agreements and/or transactions on which these GTC are applicable, also in case of transactions abroad and the legal relations deriving there from, are solely governed by the laws of the Netherlands.
2. The stipulations of the UN-treaty concerning international purchase agreements (commonly referred to as the Vienna Purchase treaty) are not applicable.

Article 17: Resolution of disputes

1. All disputes – including those only regarded as such by one of the parties – deriving from or relating to an offer, order, agreement or obligation to and/or with Worldpack Trading shall in the first instance solely be resolved by the competent court in the Netherlands in the court district Oost-Brabant, notwithstanding our right to address the court competent by law.
2. A dispute regarding a certain claim should be submitted within 1 year after the legal claim has emerged and has become known to the plaintiff, notwithstanding the possibility of earlier forfeit or expiry of the statute of limitations according to the law.

EXHIBIT: Additional technical specifications of Worldpack Trading B.V.

In which is regulated the specific stipulations regarding the customary and permitted deviations, applicable to all agreements to be concluded within the framework of the conduct of business, in addition the General Terms and Conditions of Worldpack Trading.

Permissible deviations versus the order confirmation 
Towards the specifications stated in the order confirmation the following deviations below and above are permissible. For the assessment of the fact whether those deviations have been exceeded, the average of the in total of one sort, quality, colour and execution delivered quantity deviations, shall act as standard. For other features than for which the permissible deviations have been mentioned hereafter, the deviations permitted upon the earlier delivery and in the absence thereof the usual deviations shall be permissible. If a minimum or maximum value has been agreed upon then the double deviation below respectively above is permitted. 

a.    Quantity
The permissible deviations of the agreed upon quantity are:
Parties of less than 500 kg                 25%
Parties of 501 kg to 1,000 kg              20%
Parties of 1,001 kg to 2,500 kg           15%
Parties of 2,501 kg or more                10%

If sold per unit:
Parties of less than 50,000 units         20%
Parties of 50,001 to 200,000 units      15%
Parties of 200,001 units or more         10%

If sold per length, the permissible deviation of the agreed upon total length of the party is 10%.

Under party is being understood the agreed upon quantity in sort, quality, colour and execution, if a minimum or maximum quantity is agreed upon, the double percentage above respectively below is permissible. Should a party be subdivided by the counterparty into different Fabrication parties, then the above mentioned percentages apply to the total party. If it is agreed upon that a party is divided over a number of parcels with a stipulation regarding weight, number or length per parcel, then such stipulation is entirely non-binding and the above mentioned percentages apply to the entire party. In case of permissible deviations of the agreed upon quantity, the actually delivered quantity will be brought into account to the counterparty.
    
b.    Colour
Deviations of the agreed upon colour are permissible, except for to the extent that they have to and did happen in the applied production methods. The sustainability of colours is not warranted, irrespective of designations as true to light and light resistant in correspondence, offer or order confirmation. 
    
c.    Thickness and weight per gram
The permissible deviations of agreed upon thickness and weight per gram are for:
a.    Aluminium foil                           8% 
       (whether or not as part of another product)  
b.    Plastic film                             10%
c.    Other materials                      15%

d.    Format

1. The permissible deviations of agreed upon thickness and weight per gram are for:
    Sheets:
    Pressed, not cut paper:
    in length and width 1% with a minimum of     5 mm
    Plastic film:    
    in the length, at a length to 499 mm               8 mm
    at a length 500 mm to 999 mm                     15 mm
    at a length 1,000 mm and more                    20 mm
    in width, at a width to 199 mm                        5 mm
    at a width of 200 mm and more                    2.5%
    Other:    in length and width                         1.5 mm

    Rolls:
    plastic film:
        at a width to 199 mm                                  5 mm
        at a width of 200 mm or more                  2.5%
    Also for precision rolls the above deviations are permissible, except for to the extent that differently agreed upon
2.   The permissible deviation of the agreed upon weight per gram is for paper up to

      39 g/m2                                                                                                           8%

       40-59 g/m2                                                                                                     5%
       60 g/m2 and higher                                                                                        4%

3.   The permissible deviation of the agreed upon thickness is for plastic film    10%
      Aluminium foil                                                                                                  8%
      (whether or not part of another product)
      other materials                                                                                               15%

4. The permissible deviation of the agreed upon quantity is for both rolls, sheets, bags a carrier bags, printed and unprinted, per sort, 
    quality, colour and execution
    Fabrication party smaller than 1,000 kg                                                           25%
    Fabrication party 1,000-2,000 kg                                                                     20%
    Fabrication party 2,000-3,000 kg                                                                     15%
    Fabrication party 3,000-10,000 kg                                                                   10%
    Fabrication party larger than 10,000 kg                                                             5%
    or if in delivered in numbers, the commensurate kilograms will be converted.

5.  The permissible deviation of the agreed upon format is for
    A.     Paper on rolls ½% with a min. of 3 mm 
            Paper on sheets 1% with a min. of 5 mm (in length and width)
    B.     Plastic film on rolls up to 199 mm width                                                   5 mm
            Plastic film on rolls of 200 mm width and beyond                                     2.5%
    C.     Bags of paper or from plastic film
            In extended width                                                                                      3.5%
            In extended length                                                                                     3.5%
    D.     Carrier bags form paper or from plastic film 
            In extended width                                                                                         5%
            In extended length                                                                                        5%
    In case of dimensions of carrier bags made from plastic film, as format designation shall apply each time the gross width, resp. length,
    so including seal seams unless agreed upon differently in writing. 
6. The permissible deviation of the agreed upon roll diameter is 3 cm. A limited number of so called rest rills may have a smaller diameter.