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I Scope of Application

  • The following provisions apply exclusively to the acceptance and execution of orders. General terms and conditions of the customer shall not apply even if the contractor does not expressly object to them. Deviation agreements are only binding if they have been confirmed in writing by the contractor.

II Consideration

  1. The prices quoted in the contractor’s offer shall apply subject to the provision that the order data on which the offer is based remain unchanged. The prices of the contractor do not include VAT. The prices of the contractor are ex works. They do not include packaging, freight, postage, insurance and other shipping costs. The offer is valid for 4 weeks, unless expressly agreed otherwise in writing.
  2. Subsequent changes at the request of the customer, including the resulting machine downtime shall be charged to the customer. Subsequent changes shall also include repetitions of test prints requested by the customer due to minor deviations from the original.
  3. Sketches, drafts, test typesetting, test prints, samples and similar preliminary work initiated by the customer will be invoiced.

III Payment

  1. Payment (net price plus VAT) is to be made without deduction within 30 calendar days of the invoice date, individual agreements excluded. The invoice shall be issued on the day of delivery, partial delivery or readiness (debt do be collected, default of acceptance).
  2. Advance payment may be required for the provision of unusually large quantities of paper and cardboard, special materials or advance services.

IV Default of Payment

  1. Default of payment shall occur in accordance with the statutory provisions of § 286 (3) BGB no later than 30 days after receipt and due date on the invoice unless the customer is already in default in accordance with § 286 (1 -1) by a reminder of the contractor.
  2. In event of default of payment, the statutory default interest pursuant to § 288 (2) BGB in the amount of 8% above the respective base interest rate pursuant to § 247 (1) BGB shall be payable. The assertion of further damage caused by default, including reminder costs, is not excluded by this.
  3. If the fulfillment of the claim for payment is endangered due to a deterioration of the financial circumstances of the customer which has occurred or become known after conclusion of the contract, the contractor may demand advance payment and immediate payment of all outstanding invoices, including those which are not yet due, withhold goods which have not yet been delivered and stop further work on orders which are still in progress. The contractor shall also be entitled to these rights if the customer, despite reminder does not make payment.

V Shipment

  1. The contractor undertakes the dispatch for the customer with the necessary care, but is only liable - as far it is not a matter of damages from injury to life, body or health - for intend and gross negligence.
  2. Delivery dates are only valid if expressly confirmed by the contractor. If the contract is concluded in writing or text form, confirmation of the delivery dates must also be in writing or text form.
  3. If the contractor is in default with his services, he must first be granted a reasonable period of grace. After fruitless expiry of the grace period, the customer may withdraw from the contract. §376 HGB remains unaffected. Compensation for damage caused by delay can only be claimed up to the amount of the order value (own work solely preliminary work and material).
  4. Events for which the contractor is not responsible, in particular operational disruptions due to strikes or lock-outs (both at the contractor's and supplier's premises), war, riots and in all other cases of force majeure, do not entitle the customer to withdraw from the contract. The principles of discontinuation or absence of the business basis remain unaffected.
  5. The delivered goods remain the property of the contractor until full payment of all claims of the contractor against the customer existing on the invoice date. The customer is only entitled to resell the goods in the ordinary course of business. The customer hereby assigns his claims from the resale to the contractor. The contractor hereby accepts the assignment.
  6. The contractor has a right of retention according to § 369 HGB on clichés, manuscripts, raw materials and other objects delivered by the customer until all due claims from the business relationship have been fulfilled in full.
  7. All prices given for operating items which are necessary for the manufacture of the contractual product are pro rata costs. Films, printing forms, print-ready files and releases, cutting dies etc. remain - even if they are charged separately - the property of the contractor and are not delivered.

VI Complaints

  1. The customer shall check the conformity of the delivered goods as well as the preliminary and intermediate products sent for correction. The risk of any errors shall pass to the customer at the time of the permission for printing, unless these are errors which only occurred or could be detected in the production process following the permission for printing. The same applies to all other release permissions of the customer for further production. In the case of print orders up to EUR 100, 00, the contractor is only obliged to send the customer a proof upon request. The contractor's liability for typesetting errors is limited to intent or gross negligence, unless damages resulting from injury to life, body or health are to be compensated.
  2. In the case of obvious defects, complaints are only admissible within one week after receipt of the goods. Hidden defects which cannot be found after the immediate inspection may only be asserted against the contractor if the notice of defect reaches the contractor within 12 months after the goods have been made available to the buyer. The warranty shall lapse if the customer does not check the delivered goods, in particular transfer images, in each individual case for its special requirements or if the storage is not carried out in accordance with the recognized rules of technology or according to the instructions of the contractor.
  3. In the event of justified complaints, the contractor shall initially be entitled at his discretion to the rectification of defects and/or replacement delivery to the exclusion of other claims. The same applies in the event of a justified complaint about the rectification of defects or replacement delivery. In the event of delayed, omitted, unreasonable or unsuccessful rectification, the customer may, at his discretion, reduce the price or withdraw from the contract. § 376 HGB remains unaffected. Liability for consequential damage caused by defects in the transfer of printed products is excluded - with the exception of damage resulting from injury to life, body or health - unless the contractor, his legal representative or his vicarious agent is guilty of intend or gross negligence. The same applies to impairment of products due to contract finishing work or other further processing.
  4. Defects in a part of the delivered goods do not entitle the customer to complain about the entire delivery, unless it can be proven that the partial delivery can no longer be used by the customer.
  5. Minor deviations from the original cannot be objected to in the case of colored reproductions in all printing processes. The same applies to the comparison between proofs and the print runs.
  6. Excess or short deliveries of up to 10% of the ordered print run cannot be objected to. The quantity delivered shall be invoiced.

VII Safekeeping, Insurance

  1. Templates, raw materials, printing media and other reusable items as well as semi-finished and manufactured products shall only be stored after the delivery date after prior agreement and against special remuneration.
  2. The aforementioned items shall be treated with care until the date of delivery, provided that they are made available by the customer. The contractor is not liable for the quantity and quality of the items made available. The contractor is only liable for damage or loss in cases of intent or gross negligence.
  3. If the above-mentioned items are to be insured, the customer shall procure the insurance himself.

VIII Copyright

  1. The customer is solely liable if rights, in particular copyrights of third parties, are violated by the execution of this order. The customer must indemnify the contractor from all claims of third parties due to such infringement of rights.
  2. All rights of the contractor to his own sketches, drafts, final artwork, originals, films, printing, pressing, punching and embossing tools etc. in any process and for any purpose shall remain with the contractor, unless expressly agreed otherwise in writing. Design and patterns of the contractor may not be copied, reproduced, imitated or made available to third parties.
  3. Unless expressly agreed otherwise, the contractor may use prints for advertising purposes.

IX. Impressum

  1. The contractor may refer to his company in a suitable manner on the contractual products with the consent of the customer. The customer may only refuse consent if he has an overriding interest in doing so.

X. Place of Performance, Place of Jurisdiction, Validity

  1. The place of performance and place of jurisdiction for all claims and legal disputes including bills of exchange and document proceedings arising from the contractual relationship is the contractor's place of business, if he and the client are businessmen within the meaning of the German Commercial Code (HGB). German law applies.
  2. The invalidity of one or more of the above provisions shall not affect the validity of the remaining provisions.

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