a) The following general terms and conditions of the contractor - hereinafter referred to as AN - form the basis of all business relationships between AN and its clients - hereinafter referred to as AG. Changes and ancillary agreements must be made in writing.
b) Contractor of AN is basically the one who places the order, even for delivery or invoicing to third parties named by him.
a) All agreed prices are net prices plus VAT. This will also be shown on the invoice. If the contractor is used for their obligation, the claim for reimbursement is due for payment immediately.
b) Order changes after approval by the client, including the resulting machine downtime, can be charged separately to the client.
c) Billing takes place according to the delivered quantity, delivery and billing of excess or short deliveries up to 10% of the ordered edition cannot be passed.
3. Delivery times
a) The date specified by the contractor in the order confirmation is the expected completion of the product. The delivery period begins when the order has been completely clarified and the contractor has received all the documents required for order processing (printing documents, consent to the execution templates, declaration of release, etc.) from the quest givers. Claims for damages due to late delivery are excluded.
b) Unpredictable events and cases of force majeure release the contractor from his obligation to perform for the duration of their effects. If this makes the performance completely or partially impossible for the contractor for a long time or in the long term, the contractor is entitled to withdraw from the contract in whole or in part. This applies in the same way if the contractor does not provide the material required to carry out the order, not in time or not sufficiently. Any costs incurred up to the point of withdrawal can be billed by the contractor.
c) In such cases, the quest givers are only entitled to withdraw from the contract if, despite a request to do so, the contractor does not state whether he will withdraw from the contract or provide the contractual services within a reasonable period. Claims for damages by the client are excluded in all cases.
a) In the case of "free delivery", the contractor bears the transport risk. Liability is limited to the value of the goods. Transport damage must be reported to the contractor immediately in writing.
b) The contractor takes back packaging as part of the obligation incumbent on him by the Packaging Regulation. All rental packaging remains the property of the AN. The return must be in perfect condition within a reasonable period and - unless otherwise agreed - "free domicile". The returned packaging must be clean, free of foreign substances and sorted according to different packaging. Otherwise, the contractor is entitled to demand from the client the additional costs incurred for the disposal.
a) The contractor's invoice is payable net cash within 30 days.
b) If the payment target is exceeded, AG must bear all delay costs.
c) If the fulfillment of the payment claim is endangered due to a deterioration in the financial situation of the AG that has occurred or has become known after the contract has been concluded, AN can demand advance payment or immediate payment of all open invoices - including those that are not yet due -, retain goods that have not yet been delivered and continue to work on ongoing orders to adjust. The contractor is also entitled to the rights if the client does not make any payment despite a reminder based on the default.
d) In the event of a complaint, the AG is not entitled to refuse to pay the contractor's invoice in full or in part. Offsetting against counterclaims as well as the assertion of rights of retention by the AG are excluded unless the counterclaims have been legally established or have been recognized in writing by the contractor.
e) For new customers, a down payment of 50% of the order value is due when the order is placed (creditworthiness required).
6. Retention of title
a) All materials and end products delivered by the contractor remain the property of the contractor until full payment of the invoice amounts. When working or processing goods owned by the contractor, the contractor is to be regarded as a manufacturer in accordance with § 950 BGB and retains ownership of the products at every stage of processing. If third parties are involved in the machining or processing or if materials of the customer are further processed, the property of the AN is limited to the co-ownership share in the amount of the invoice value of the processed goods. The property acquired in this way is deemed to be reserved property.
b) The AG is entitled to dispose of the material supplied by the AN in the ordinary course of business. The claims resulting from this are already assigned to the contractor in the amount of the share corresponding to the co-ownership share of the contractor. The contractor accepts the assignment. The contractor is entitled to notify the customer of this assignment. The AG has information on the customer and the amount of the assigned claim at any time on request.
c) As long as the customer is not in arrears with payment, he is authorized to collect the claim assigned to the contractor.
d) If the value of the security exceeds the contractor's claim by more than 20%, the contractor is obliged to release the contract at the client's request. The contractor is hereby entitled to choose among several securities.
If the material delivered by the customer cannot be processed or processed properly due to its nature, the contractor is entitled to withdraw from the contract. Processing costs already incurred are borne by the client. If the material of the customer is damaged during the inspection for processing and processing ability, the contractor is responsible for intent and gross negligence. There is no further liability. If the withdrawal is declared, the customer is obliged to take back the material at its own expense.
8. Liability for defects
a) Notices of defects must be raised by a registered letter if else all warranty claims are lost within 14 days of receipt of the delivery. The deadline is only met if the complaint is received by the contractor within the deadline.
b) Any warranty and liability are excluded unless the material is the object of the order. This does not apply if the customer has informed the AN in writing about the special features of the material and the order has been confirmed by the contractor. The contractor's liability is also excluded if the material supplied by the client, including print templates, is defective and the defectiveness was not recognizable.
c) Correctly raised and justified notices of defects will be chosen by the contractor at his choice by rectification, if technically possible and economically reasonable, or by repetition of the service. In both cases, the customer has to deliver either the material to be reworked or new material within a reasonable time. If the delivery is not made within four weeks of receipt of the declaration of readiness, the right to rectification of defects is void.
d) Further liability for lost profit or indirect damage (consequential damage) is excluded. Claims under the Product Liability Act remain unaffected by this regulation.
e) The contractor undertakes to check the preliminary and sample products sent. With the return of the unconditional release declaration, all preparatory work of the contractor is considered approved. This does not apply to errors that arise or become recognizable when the order is executed.
f) The contractor is only liable for deviations in the quality of the material used up to the amount of his own claims against his supplier. In this case, the contractor is released from his liability if he assigns his claims against the supplier to the contractor. The contractor is only liable insofar as claims against the supplier do not exist or are not enforceable through the contractor's fault.
g) Deliveries (including data carriers) by the customer or by a third party engaged by it are not subject to the contactor's obligation to check.
h) The Contractor is not liable for the intended use of the ordered goods unless certain properties are expressly guaranteed in writing. Advice, information and suggestions on the use, processing and possible uses of the products of the contractor are only guaranteed properties if the contractor is notified of the possible use and the contractor has confirmed this in writing.
The order is executed in accordance with the general state of the art within the scope of technically necessary material and process-related tolerances unless specific order standards are specified.
10. Contact arrangements / Publications
a) The customer agrees that the contractor may send circulars and self-advertising to the addresses entered.
b) The customer agrees that the contractor may take photos of the article ordered by the customer and produced by the contractor for the purpose of self-promotion and use it as visual material for technical details on its website, in brochures or at trade fairs, and it is also permitted to use surplus materials to pass on to third parties as illustrative material without calculation. The transfer of the photo material to third parties is excluded.
11. Fulfillment and jurisdiction
The place of performance for the delivery of the contractor is the processing plant. The place of jurisdiction and the place of performance for the payment is the registered office of the company. In relation to a foreign customer, German law applies. Place of performance and jurisdiction
12. Partial ineffectiveness (severability clause)
The ineffectiveness of a provision of these general terms and conditions does not affect the effectiveness of the remaining provisions. The provision that comes closest to it economically then takes the place of the ineffective provision.
a) The customer is responsible for checking the reproduction and copyright of all print templates, drafts and finished samples unless he has expressly given the contractor an order to this effect.
b) The copyright and the right to reproduce in any process and for any purpose on your own sketches, drafts, originals, films and the like remain subject to the contractor unless expressly agreed otherwise, even if the order is not placed.
c) Lithographs, master copies, embossing plates, punching tools and contours, etc. remain the property of the contractor, even if proportionate costs are charged for them separately. The contractor has no obligation to retain.