Compliance with measures shall be according to the DIN and EN standards. Apart from this, we shall indicate the sizes and weights in our offers and order confirmations according to the best of our knowledge, but they are only approximately correct/accurate and specifically do not comprise any property guarantees or information. Minor deviations, especially technically caused common deviations, shall not entitle Client to any complaints and claims for defects, unless something different is agreed on.
As compared to the ordered volume, over- or under-delivery of up to 10 % shall be permitted – even at partial deliveries – under consideration of commercial use.
Colour deviations after printing:
If TUBEX produces sample jars or tubes to present the print image as a very small batch in “jog mode” on the sample print machine or a production line, TUBEX cannot guarantee that identical reproduction of the print image, and specifically the shades in industrial production will be possible. Client is obliged to accept such colour value changes and colour tolerances in later industrial production that are originally due to influences and conditions of the industrial production; Client shall also accept such influences on the print image that are originally due to tolerance differences in the paint application.
Interactions of products with filled goods:
TUBEX shall not be liable for the durability and resilience of the products against chemical and physical impairment by filled goods unless something deviating has been agreed on. Rather, the parties expressly agree that far-reaching tests must have been performed by Client before starting industrial serial production to confirm the compatibility of the filled goods with the products (migration, diffusion, as well as compatibility of filled goods and varnish, foils, labels or paints etc. used for producing the product), any production and bottling processes applied at the client’s and the storage conditions before, during and after bottling.
TUBEX cannot perform such tests directly for practical reasons, since all of the processes just listed take place at the client’s site; especially, the original filled goods and the original filling conditions are controlled by him.
If errors occur in the area of the product produced by TUBEX that could have been recognised by the above tests, no claims shall be applicable against TUBEX.
In addition to this, we refer to possibly applying requirements under food law that are not known to TUBEX in detail and that also must be reviewed exclusively by Client.
Where nothing else is expressly agreed on, TUBEX shall observe the recognised rules of the art, standards and provisions in Germany for the objects to be delivered by it, and shall not perform own research on standards and provisions applicable abroad. If Client desires compliance with any foreign standards and provisions, Client shall inform TUBEX of such standards and provisions at conclusion of the contract, and in any case in time so that TUBEX can consider them; he shall further explain them to TUBEX on request.