Terms and Conditions
GENERAL TERMS AND CONDITIONS OF BUSINESS, PAYMENT AND DELIVERY FOR THE PRINTING INDUSTRY I. Scope / Conclusion of Contract Orders are executed exclusively on the basis of the following conditions; other conditions do not become part of the contract, even if we do not expressly contradict them. § 305b BGB remains unaffected. II. Prices The prices stated in the contractor's offer are subject to the reservation that the order data on which the offer is based remain unchanged, but no longer than four weeks after receipt of the offer by the client. In the case of orders with delivery to third parties, the customer is deemed to be the client, unless otherwise expressly agreed. The Contractor's prices do not include VAT. The contractor's prices apply ex works. They do not include packaging, freight, postage, insurance and other shipping costs. Subsequent changes at the request of the customer, including the resulting machine downtime, will be charged to the customer. Subsequent changes also include repetitions of test prints that are requested by the client due to minor deviations from the template. Sketches, drafts, sample typesetting, sample prints, proofs, changes to delivered / transferred data and similar preparatory work initiated by the client will be invoiced. III. Payment Payment must be made immediately upon receipt of the invoice without any deductions. Any discount agreement does not apply to freight, postage, insurance or other shipping costs. The invoice is issued on the day of delivery, partial delivery or readiness for delivery (obligation to collect, default in acceptance). In the case of extraordinary advance payments, a reasonable advance payment can be requested. The client can only offset an undisputed or legally established claim or exercise a right of retention. This does not apply to any claims on the part of the client aimed at completion or removal costs. If, after the conclusion of the contract, it becomes apparent that the fulfillment of the payment claim is jeopardized by the customer's inability to perform, the contractor can request advance payment, withhold goods that have not yet been delivered and stop further work. The contractor is also entitled to these rights if the client is in default of payment for proper deliveries based on the same legal relationship. § 321 II BGB remains unaffected. If the client does not pay the price including the ancillary costs within 10 days of receipt of the invoice in accordance with Section II ("Prices"), he will be in default even without a reminder. In the event of default in payment, default interest of 8 percentage points above the base rate is to be paid. The assertion of further damage caused by default is not excluded. IV. Delivery The delivery period is agreed individually or specified by the contractor when accepting the order. The contractor is only entitled to make partial deliveries if - the partial delivery can be used by the client within the scope of the contractual intended purpose, - the delivery of the remaining goods ordered is ensured and - the client does not incur any significant additional work or costs as a result. If the goods are to be shipped, the risk of accidental loss and accidental deterioration of the goods is transferred to the customer as soon as the shipment has been handed over to the person carrying out the transport. If the contractor delays the service, the client can only exercise the rights under Section 323 of the German Civil Code if the contractor is responsible for the delay. A change in the burden of proof is not associated with this regulation. Operational disruptions for which the contractor is not responsible - both in the contractor's operations and in that of a supplier - such as strikes, lockouts and all other cases of force majeure, only entitle the contractor to terminate the contract if the client can no longer reasonably be expected to wait, otherwise the agreed delivery period is extended by the duration of the delay. However, termination is possible at the earliest four weeks after the occurrence of the operational disruption described above. The contractor is not liable in these cases. The contractor has a right of retention in accordance with Section 369 of the German Commercial Code (HGB) until all due claims from the business relationship have been met in full on the printing and stamp templates, manuscripts, raw materials and other items supplied by the client. In the case of call orders, the client is obliged to purchase the entire quantity on which the call order is based. The customer's obligation to call up is a main obligation. In the absence of any other agreement, an acceptance period of 12 months applies to call-off orders, calculated from the day of the order confirmation. If the acceptance has not taken place by this point in time, the contractor is entitled to set the client a period of two weeks to accept the order quantity still to be accepted. After this deadline has expired without success, the contractor has the choice of either demanding advance payment of the purchase price and delivery of the remaining quantity in full or withdrawing from the contract in accordance with Section 323 of the German Civil Code (BGB). Further rights of the contractor, such as the right to compensation, remain unaffected. V. Retention of title The delivered goods remain his property until all claims of the contractor against the client existing on the invoice date have been paid in full. These goods may not be pledged to third parties or assigned as security before payment has been made in full. The client must notify the contractor immediately in writing if and to the extent that third parties access the goods belonging to the contractor. The client is only entitled to resell in the ordinary course of business. The client hereby assigns his claims from the resale to the contractor. The contractor hereby accepts the assignment. If the realizable value of the securities exceeds the claims of the contractor by more than 10%, the contractor will - at the request of the client - release securities of his choice. In the case of treatment or processing of goods delivered by the contractor and owned by the contractor, the contractor is to be regarded as the manufacturer in accordance with Section 950 of the German Civil Code (BGB) and retains ownership of the products at all times during processing. If third parties are involved in the treatment or processing, the contractor is limited to a co-ownership share in the amount of the invoice value (final invoice amount including VAT) of the goods subject to retention of title. The property acquired in this way is deemed to be reserved property. VI. Complaints / warranties In any case, the client must immediately check that the goods and the preliminary and intermediate products sent for correction are in conformity with the contract. The risk of any errors is transferred to the client with the declaration of readiness for printing / declaration of readiness for production, provided that it is not a matter of errors that only arose or could be identified in the production process following the declaration of readiness for printing / declaration of readiness for production. The same applies to all other release declarations by the client. Obvious defects are to be reported in writing within a period of one week from receipt of the goods, hidden defects within a period of one week from discovery; Otherwise the assertion of warranty claims is excluded. In the event of justified complaints, the contractor is initially obliged and entitled to choose between subsequent improvement and / or replacement delivery. If the contractor does not meet this obligation within a reasonable period of time or if the improvement fails despite repeated attempts, the client can demand a reduction in the remuneration (reduction) or cancellation of the contract (withdrawal). Defects in part of the delivered goods do not entitle the customer to complain about the entire delivery, unless the partial delivery is of no interest to the client. In the case of color reproductions in all manufacturing processes, minor deviations from the original cannot be objected to. The same applies to the comparison between other templates (e.g. digital proofs, proofs) and the end product. In addition, liability for defects that do not or only insignificantly impair the value or usability is excluded. Deliveries (including data carriers, transferred data) by the client or by a third party engaged by him are not subject to any inspection obligation on the part of the contractor. This does not apply to data that are obviously unprocessable or unreadable. In the case of data transfers, the client must use the latest technical protection programs for computer viruses before they are sent. The data backup is the sole responsibility of the client. The contractor is entitled to make a copy. Excess or short deliveries of up to 10% of the ordered print run cannot be objected to. Charged will be the amount sent. In the case of deliveries made from custom-made paper weighing less than 1,000 kg, the percentage increases to 20%, and less than 2,000 kg to 15%. VII. Liability 1. The contractor is liable for culpable injury to life, limb or health and for other damage caused intentionally or through gross negligence, even if the breach of duty is based on the culpable behavior of a legal representative or vicarious agent. 2. The contractor is also liable in the event of a slightly negligent breach of essential contractual obligations, including by his legal representatives or vicarious agents. Essential contractual obligations are those, the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and the observance of which the client can rely on. Liability in this respect is limited to the type of product foreseeable, contract-typical damage. 3. Finally, the contractor is liable for fraudulently concealed defects and assumed guarantee for the quality of the goods as well as for claims from the Product Liability Act. 4. Otherwise, the contractor's liability is excluded. This also applies to liability for constant and uninterrupted availability of the online sales system; Even with the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and / or available at all times. VIII. Statute of limitations Claims of the customer for warranty and damages (Clauses VI. And VII.), With the exception of the claims for damages mentioned under Clause VII. 2., become statute-barred one year from the delivery of the goods. This does not apply if the contractor acted fraudulently. IX. Commercial Customs In commercial transactions, the commercial customs of the printing industry apply (e.g. no obligation to surrender intermediate products such as data, lithographs or printing plates that are created for the production of the end product owed), unless a different order has been placed. X. Archiving Products to which the client is entitled, in particular data and data carriers, will only be archived by the contractor after express agreement and against special payment beyond the point in time at which the end product is handed over to the client or his vicarious agents. If the aforementioned items are to be insured, the client has to take care of this himself in the absence of an agreement. XI. Periodic work Contracts for regularly recurring work can be terminated with a notice period of 3 months. XII. Industrial property rights / copyright The client assures that his order specifications, in particular the templates supplied by him, do not infringe the rights of third parties, e.g. copyrights, trademark rights or personal rights. In this respect, the client fully indemnifies the contractor from all claims by third parties, including the costs of legal defense and / or legal prosecution. XIII. Place of fulfillment, place of jurisdiction, effectiveness If the client is a merchant, legal entity under public law or special fund under public law or does not have a general place of jurisdiction in Germany, the registered office of the contractor for all disputes arising from the contractual relationship. The contractual relationship is governed by German law. UN sales law is excluded.
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