1. General; Scope; Conflict Clause; Written Form

1.1. These General Terms and Conditions (GTC) apply to all deliveries, services, and offers of 4Films Trading GmbH (hereinafter “4Films”) to its contractual partners (hereinafter “Customers” or “Suppliers”). They form part of all contracts between 4Films and its customers or suppliers and also apply to future business relationships without requiring a renewed explicit agreement.
1.2. Deviating or additional terms and conditions of the customer or supplier, including general purchasing conditions, shall not apply unless 4Films has expressly agreed to their validity in writing. This also applies if 4Films refers to correspondence containing such terms.
1.3. These GTC apply exclusively to entrepreneurs within the meaning of Section 310(1) of the German Civil Code (BGB).
1.4. Individual agreements between 4Films and the customer or supplier take precedence over these GTC, provided they are recorded in writing and expressly confirmed by 4Films. This also applies to amendments or additions to these GTC.
1.5. In the event of a conflict between these GTC and relevant technical information or processing recommendations, the provisions set out here shall take precedence.
1.6. These GTC are issued in German and English. In case of doubt, the German version shall prevail.
1.7. Written notices and declarations under these GTC may be sent by private courier, letter, or fax. Emails are insufficient unless a special regulation permits their use.

2. Offers and Conclusion of Contract

2.1. All offers by 4Films are non-binding and without obligation, unless expressly indicated as binding or accompanied by a specific acceptance period.
2.2. A contract with a customer is only concluded through a written order confirmation or by conclusive action (e.g., dispatch notification, invoicing) by 4Films. 4Films reserves the right to accept orders within 14 days.
2.3. Offers, cost estimates, drawings, calculations, samples, and other documents remain the property of 4Films. They may not be duplicated, passed on to third parties, or used without written consent. Upon request, they must be returned or destroyed.
2.4. A contract with a supplier is only concluded through written confirmation or conclusive acceptance of goods or payment by 4Films. Silence by 4Films does not constitute acceptance of an offer.

3. Prices

3.1. The prices quoted refer to the scope of services and deliveries listed in the order confirmation. Additional services will be charged separately.
3.2. Sales are generally based on square metre prices. Purchases based on kilogram prices require prior written approval from 4Films.
3.3. Prices are quoted in EURO plus statutory VAT. Transport, insurance, and other charges are invoiced separately.
3.4. For deliveries made more than four months after contract conclusion, price adjustments may be made if wage, material, or distribution costs change.

4. Payment Terms

4.1. Payments must be made without deduction to the account specified by 4Films. All related fees are borne by the customer.
4.2. The payment period is 30 days from the invoice date, unless otherwise agreed in writing.
4.3. In case of default, interest on arrears of 8 percentage points above the base rate will be charged. Further claims for damages remain reserved.
4.4. 4Films may require advance payments or security deposits if circumstances arise that affect the customer’s creditworthiness. 4.5. Set-off or retention is only permitted if the claim has been acknowledged by 4Films or legally established.

5. Delivery and Transfer of Risk

5.1. Deliveries are made from a goods value of €1,500 net CPT to the destination. Below this, delivery is EXW according to Incoterms 2010. 5.2. The place of performance for all obligations is the registered office of 4Films. 5.3. The method of dispatch and packaging is at the discretion of 4Films. Risk passes to the customer upon handover to the carrier. 5.4. Transport and packaging materials are not taken back. The customer bears disposal costs.

6. Delivery Time and Force Majeure

6.1. Delivery times are non-binding unless expressly agreed otherwise in writing. 6.2. 4Films is not liable for delivery delays due to force majeure or unforeseeable events such as strikes, material shortages, or official measures. In case of a delay exceeding two months, 4Films may withdraw from the contract. 6.3. Partial deliveries are permissible if they are reasonable for the customer.

7. Warranty

7.1. The customer must inspect the goods immediately upon receipt and report defects in writing within seven days. Failure to do so will be considered approval of the goods. 7.2. In the case of justified defects, 4Films has the right to subsequent performance. Only if this fails may the customer reduce the price or withdraw from the contract.

8. Liability

8.1. 4Films is only liable for intent and gross negligence. In cases of slight negligence, liability is limited to typical and foreseeable contractual damages. 8.2. Liability for loss of profit or indirect damages is excluded.

9. Final Provisions

9.1. German law applies. The place of jurisdiction is the registered office of 4Films. 9.2. Should any provision of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.