(according to the AGB-Gesetz - BGBL I, 3.317 recommended by the Bundesverband Druck)
I. Scope
Orders are executed under the following conditions. Deviating regulations must be in writing.
II. Consideration
1. The prices quoted in the contractor's offer are subject to the proviso that the order data underlying the offer remain unchanged.
The Contractor's prices do not include VAT.
The prices of the contractor are ex works.
They do not include packaging, freight, postage, insurance and other shipping costs.
2. Subsequent changes at the instigation of the client including the resulting machine downtime will be charged to the client.
Subsequent changes also include repetitions of trial prints which are requested by the client due to minor deviation from the original.
3. Sketches, drafts, sample sets, test prints, samples and similar preparatory work initiated by the client will be invoiced.
The provisions of Section IX apply accordingly.
III. Payment
1. Payment (net price plus value added tax) must be made within 10 calendar days of the date of invoice without deductions.
The invoice will be issued under the day of delivery, partial delivery or readiness for delivery (debt, default of acceptance).
2. Advance payment may be required if exceptional quantities of paper and cardboard, special materials or inputs are made available.
3. The customer can only set off an undisputed or legally established claim.
A client who is a registered trader within the meaning of the German Commercial Code (HGB) is not entitled to any rights of retention or set-off.
However, the rights under § 320 BGB (German Civil Code) are retained as long as and to the extent that the contractor has failed to fulfill its obligations under section VI 3.
IV. Delayed payment
1. If the fulfillment of the payment claim is jeopardized due to a deterioration in the financial circumstances of the client after the conclusion of the contract, the contractor may demand advance payment and immediate payment of all outstanding, even unpaid invoices, withhold goods not yet delivered and continue work stop running orders.
The contractor is also entitled to these rights if the customer does not make a payment despite a reminder based on default.
2. In the event of late payment, default interest in the amount of 2% above the respective discount rate of the Deutsche Bundesbank shall be payable.
The assertion of further damage caused by default is not excluded hereby.
V. Delivery
1. The contractor will carry out the shipping for the customer with due diligence, but is liable only for intent and gross negligence.
The goods are insured according to the respective forwarding conditions of the carrier.
2. Delivery dates are only valid if expressly confirmed by the contractor.
If the contract is concluded in writing, the confirmation of the delivery date also requires the written 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 client can withdraw from the contract.
§ 361 BGB remains unaffected.
Compensation for damage caused by delay can only be demanded up to the amount of the order value (own contribution excluding advance payment and material).
4. Disruptions - both in the operation of the contractor and in that of a supplier - in particular strike, lockout, war, riots as well as all other cases of force majeure do not entitle to the termination of the contractual relationship.
The principles governing the abolition of the business foundation remain unaffected.
5. The delivered goods remain his property until full payment of all claims of the contractor against the customer existing on the invoice date.
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.
6. The contractor shall be entitled to a right of retention pursuant to § 369 HGB (German Commercial Code) to the clichés, manuscripts, raw materials and other objects supplied by the client until all due claims from the business relationship have been settled in full.
VI. Complaints
1. The client must always check the conformity of the delivered goods and the preliminary and intermediate products sent for correction.
The risk of any errors is transferred to the customer with the print approval declaration, insofar as these are not errors that have arisen or could only be detected in the production process following the print approval declaration.
The same applies to all other release declarations of the client for further production.
2. Complaints are only allowed within one week after receipt of the goods.
Hidden defects that can not be found after the immediate examination may only be asserted against the contractor if the complaint reaches the contractor within one month of the goods leaving the works.
3. In the case of legitimate complaints, the contractor is under his choice to the exclusion of other claims for repair and / or replacement, up to the value of the contract, unless a guaranteed property is missing or the contractor or his vicarious agent intent or gross negligence to the load.
The same applies to the case of a legitimate complaint of repair or replacement.
In the case of delayed, omitted or unsuccessful repair or replacement delivery, however, the client can withdraw from the contract.
§ 361 BGB remains unaffected.
Liability for consequential damages is excluded, unless the contractor or his vicarious agent is guilty of intent or gross negligence. If the order is the subject of subcontracting or further processing of printed matter, the contractor shall not be liable for the resulting impairment of the product to be processed or further processed, unless the damage was caused intentionally or through gross negligence.
4. Defects of a part of the delivered goods do not entitle to the complaint of the entire delivery, unless the partial delivery is of no interest to the client.
5. For color reproductions in all printing inks, slight deviations from the original can not be objected to.
The same applies to the comparison between proof and print run.
6. The contractor is liable for deviations in the quality of the material used only up to the amount of its own claims against the respective supplier.
In such a case, the contractor is exempt from liability if he assigns his claims against the supplier to the client.
The contractor shall be liable as a guarantor if claims against the supplier are not made by the contractor or if such claims are not enforceable.
7. Over or under deliveries up to 10% of the ordered edition can not be objected to.
Charged will be the amount sent.
For deliveries of custom-made paper smaller than 1,000 kg, the percentage increases to 20%, below 2,000 kg to 15%.
8. Punching variations in check cards, which lead from card to card at different distances of the printed motifs to the card edges, do not entitle to a complaint of the delivery.
The same applies to stamping variations
VII. Safekeeping, insurance
1. Templates Raw materials, print media and other reusable items as well as semi-finished and finished products will only be stored after prior agreement and against special remuneration beyond the delivery date. The contractor is liable only for intent and gross negligence.
2. The above-mentioned items are, as far as they are provided by the customer, treated with care until the delivery date. The contractor is only liable for damage in case of intent or gross negligence.
3. If the items described above are to be insured, the client must obtain the insurance himself.
VIII. Periodical work
Contracts for regularly recurring work can only be terminated with a notice period of at least 3 months to the end of a month.
IX. Property, copyright
1. The items of work used by the contractor for the production of the contract product, in particular films, clichés, lithographs, printing plates and stationary units, remain the property of the contractor, even if they are invoiced separately, and will not be delivered.
2. The client is solely liable if the execution of his order violates rights, in particular copyrights of third parties. The client must indemnify the contractor against all claims of third parties for such an infringement.
X. Imprint
The contractor may refer to the contract goods with the consent of the client in a suitable manner to his company. The client can refuse the consent only if he has a predominant interest in this.
XI. Deals
Offers are calculated with € 27.50 per piece and charged with the corresponding order receipts.
XII. Place of fulfillment, jurisdiction, effectivenesst
1. Place of performance and place of jurisdiction for all claims arising from the contractual relationship and legal disputes, including bill of exchange and documentary proceedings, shall be the registered office of the contractor.
2. Any ineffectiveness of one or more provisions shall not affect the validity of the remaining provisions.
Complaints