General terms and conditions of sale and delivery

I. Scope of application

1 Orders will be exclusively executed on the basis of the following terms and conditions.

2 Any deviations from these General Terms and Conditions are only binding upon the Contractor when he has explicitly consented to them in writing.

3 General terms and conditions of the Customer or third parties deviating from these General Terms and Conditions or from specific agreements are not binding on the Contractor even when the Customer makes reference to them and the Contractor has not explicitly specifically rejected them individually.

4 These General Terms and Conditions remain binding even when individual parts thereof should be ineffective for whatever reason.

II. Offer and acceptance; interpretation of contracts

1 Brochures, illustrations, marketing mail, price lists and similar advertising material are not binding with regard to the information they contain or to the details of performance. They do not on their own constitute an offer and also do not serve as the basis for interpreting offers, order confirmations or contracts that may be concluded.

2 The Contractor will always confirm an order in writing, by email or by fax/telex unless immediate delivery and invoicing are effected. Any declarations made by telephone or verbally will not be binding on the Contractor unless he confirms them in writing, by email or fax/telex.

III. Prices

1 Prices indicated in brochures, illustrations, marketing mail, price lists and similar advertising material are subject to change.

2 Price quotations only become binding when the Contractor confirms the order. The prices stated in the Contractor’s quotation are valid provided the order data on the basis of which the offer was made remain unchanged.

IV. Industrial property rights

1 The Contractor retains the copyright to the articles he manufactures, including materials, plans etc. together with the right to reproduce them in any manner and for any purpose whatsoever, unless explicitly agreed otherwise.

2 Drafts, drawings, clichés, films, cylinders, printing plates and any other objects produced by the Contractor during the performance of the manufacturing order or for the Customer remain the property of the Contractor.

3 The Contractor alone is responsible for examining the Customer's right to make reproductions as well as with regard to copyright to any documents the Contractor may make available. The Contractor releases the Customer from all liability for claims made by third parties relating to infringements of copyright or competition claims made with regard to both the documents provided and the execution of the order.

4 The goods supplied by the Contractor may contain an indication of the Contractor company.

V. Liability

1 It will not be mandatory for the Contractor to inspect items supplied by the Customer (including data, transmitted data) or a third party mandated by him. This does not apply to data that are obviously not readable. The Customer is entitled to make a copy of data provided.

2 The Customer must always and immediately examine preliminary or intermediate products sent for checking such as specimen copies, electronic dimensional drawings and other materials. The risk of any defects passes to the Customer upon declaration of readiness for printing / manufacture unless these are defects that are caused or could be detected only during the production process following the declaration of readiness for printing / manufacture. The same applies to all other declarations of release made by the Customer.

3 Any additional costs caused by modifications that are requested after the production of a design or specimen copy begins (e.g. when drawings, typesettings, clichés, films, cylinders and other production aids are prepared once more) will be charged to the Customer separately. This does not apply to modification requests that are due to defective processing caused by the Contractor or due to errors on the part of a supplier.

4 No claims may be asserted for defects, in particular for setting errors, incorrect positioning or variations in colour or material if the Customer fails to perform preliminary inspections or to examine preliminary or intermediate products.

5 If the Customer cancels further performance of the commission after designs or other preparatory objects have been produced, the costs of producing the designs will be charged subject to additional claims by the supplier.

VI. Delivery

1 Risk passes to the Customer at the moment the goods are consigned to the person executing transport even if the Contractor bears all or part of the transport costs.

2 Agreed delivery dates are only valid if they are explicitly confirmed by the Contractor. Delivery dates are only approximate dates unless explicitly confirmed in writing as fixed deadlines. The delivery period begins on the date that the Contractor receives the final acceptance or approval for printing and production from the Customer.

3 If the Customer requests modifications to the commission following order confirmation that have an influence on the period of production, a new delivery period will begin with the confirmation of the modifications. The Contractor will not be responsible if the delivery period is exceeded unless the delay is caused by circumstances for which the Contractor is responsible.

4 If a delivery term is agreed based on a certain period, it will begin on the day the order confirmation is sent and end on the day the goods are dispatched.

5 Disruption to operations – in the works of the Contractor or in the works of a supplier – such as strike, lock-out and all other cases of force majeure, shall only entitle the Customer to terminate the contract if the Customer cannot reasonably be expected to wait any longer, otherwise the agreed delivery time will be automatically extended by the term of the delay. Any liability of the Contractor shall be excluded in these cases. 

6 If the Contractor delays performance, the Customer will only be entitled to assert rights pursuant to section 323 of the German Civil Code (BGB – Bürgerliches Gesetzbuch) if the Contractor is responsible for the delay. A reversal of the burden of proof is not connected with this provision.

7 The Customer may not reject deliveries or part-deliveries before the end of the delivery period.

8 Excess and short deliveries of up to 10% of the ordered quantity cannot be the subject of complaint. The quantity actually supplied will be invoiced.

VII. Packaging and freight

1 Packaging is charged at cost price plus VAT and will not be taken back.

2 Transport insurance will only be taken out on the Customer's express instructions and at his expense.

3 The Customer will bear the costs of shipment.

VIII. Retention of title

1 The delivered goods will remain the property of the Contractor until the complete payment of all claims of the Contractor against the Customer existing at the date of invoice. The Customer is entitled to resell only in the ordinary course of business. The Customer hereby assigns in advance all claims arising from the resale to the Contractor. The Contractor hereby accepts this assignment. The Customer will be obliged to reveal the debtor of the assigned claim at the latest when a delay in payment occurs. If the value of the securities existing for the Contractor exceeds the total claim by more than 20% the Contractor will be obliged to release securities of his own choosing upon request of the Customer or of a third party affected by such excess.

2 Extraordinary disposals such as pledging, security assignment etc. are only allowed with the consent of the Contractor. The Customer must notify the Contractor immediately of any cases of seizure by third parties to the goods supplied subject to the retention of title (e.g. attachments by other creditors).

VIII. Warranty claims

1 The Customer must immediately check that the goods conform to the contract. Any complaints are only allowed within one week of receipt of the goods.

2 Minor variations in colour within a print run of coloured products cannot be contested. The same applies to the comparison of products with other samples such as digital proofs or test prints. Moreover, liability for defects that do not or only insignificantly affect the value of the products or their suitability for use is excluded.

3 Defects in a part of the delivered goods will not entitle the Customer to a lodge a complaint relating to the delivery as a whole unless the partial delivery is of no interest to the Customer.

4 The Contractor can only be held liable for variations in the quality of the material used in the amount of the value of the order concerned.

5 For technical reasons the goods may be subject to short and excess delivery, minor variations in colour and shape as well as slight differences in colour registration, and complaints may not be lodged as a result. The same applies to customary and slight technical variations in weight, strength, textiles or material properties of the goods or parts thereof.

6 No liability can be assumed for the durability of the materials or printing inks even if these were described as non-fading since the suppliers of raw materials and inks cannot provide warranty for the light resistance of their inks. The abrasion resistance of the printing inks cannot be guaranteed. Abrasion can be more or less pronounced depending on the type of ink. A protective coating can improve abrasion resistance but cannot ensure it completely. The Contractor does not assume any liability for consequential damage caused by colour abrasion.

7 The Contractor provides warranty for the delivered goods such that goods proven to be defective will be repaired or replaced with new objects free of charge at the Contractor's option. In such cases the defective objects supplied must be returned to the Contractor.

In the production of paper and plastic products it is technically impossible to avoid the occurrence of a relatively small quantity of defective goods, and a proportion of up to 2% does not provide grounds for complaint irrespective of whether the defects were caused by processing or printing.

8 The Contractor is obliged to take back goods that the Customer cannot use and refund the purchase price if, depending on the type of goods, repairs are objectively not possible, if the cost of repair is disproportionate to the value of the order or if replacement goods cannot be supplied, in particular in the event of goods made specially to order.

9 The Contractor is entitled to inspect the reported defects on location.

X. Liability

1 The Contractor does not assume any liability for claims for compensation and the reimbursement of expenses irrespective of the legal basis.

2 This exclusion does not apply to claims made pursuant to product liability legislation, to damage resulting from intent or gross negligence, to culpable injury to life, body or health, to fraudulent concealment of a defect or when a guarantee has been given for the quality of the goods.

3 The Contractor will only be liable for the foreseeable, direct average damage that is typical for this type of contract in the case of slightly negligent breach of cardinal (substantial) contractual obligations.

XI. Limitation

Except for the claims for damages specified in section X subsections 2 and 3 all warranty claims lodged in time and all claims for compensation will become time-barred after a period of one year following delivery of the goods.

XII. Payment

1 Payment must be effected immediately on receipt of the invoice.

2 The Contractor may choose to take out claims default or credit insurance for the order before execution. If the insurance company refuses to insure the order owing to existing market data about the Customer, the Contractor will be entitled to demand advance payment before executing the order. In such cases, the order will not be executed until payment has been received. The Contractor will not be responsible for any delays in delivery connected with this.

3. The Customer may only set off against claims with counter-claims that are not contested or recognized by final declaratory judgement.

4. If the Customer is in default of payment, the Contractor may forbid the Customer from passing on or supplying the delivered goods.

XIII. Place of fulfilment, jurisdiction, and applicable law

1. The place of fulfilment and jurisdiction is based solely on the Contractor's place of business. However, the Customer is also entitled to elect to institute proceedings at the location of the Customer's branch office or place of business.

2. German law will apply exclusively to the contracts concluded with Contractor. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

3. These General Terms and Conditions remain binding even when individual parts thereof should be ineffective for whatever reason.

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