Business- and delivery conditions
All agreements and quotations underlie our terms. They are considered recognised upon order placement or acceptance of a delivery. Deviating terms of the ordering party, which we have not explicitly accepted in writing, are non-binding for us even if we do not expressly contradict them.
1. Price quotation
The price quotations are stated in Euros and, unless stated otherwise, are prices that do not include value added tax. They become binding only if we confirm the order.
2. Terms of payment
The payment of the invoice amount (net price plus value-added tax) is to be made within 30 days of the invoice date in cash without deductions in Euros. A cash discount of 2% is granted for payments made within 8 days of the invoice date. Advance payment can be demanded in case of new business relations. The payment periods start with the date of the invoice.
Promissory notes are only accepted against remuneration of discount charges and other costs. Bills of exchange and accepted bills will only be taken on account of payment. Discount deductions for payments with bills of exchanges are excluded.
In case of default of payment, interest of 4% above the respective Federal Bank discount rate is to be remunerated.
That does not exclude the enforcement of other damages caused by default. If payments are made by bank transfer or check, the day of credit advice to us is considered the inpayment. If a significant worsening of the customer's financial circumstances becomes known or if it defaults payment, we have the right to demand immediate payment of all outstanding invoices including those that are not yet due. Likewise, we are entitled to discontinue working on the customer's orders.
3. Reservation of ownership
The delivered goods remain our property until complete payment of the agreed price or until the check or bill of exchange intended for payment has been redeemed. Without our consent, it is prohibited to pawn it or transfer it as indemnity before complete payment or before redemption of the check or bill of exchange given for this purpose. The customer is only entitled to resell the reserved goods with the condition that the purchase-price demand is transferred to us from the resale. The demands of the customer from the resale of the reserved goods are always assigned to us.
4. Deliveries
apply ex factory unless otherwise agreed. Dispatching is made on the customer's risk and account. If the customer has not given any specific instructions, we do not assume any obligation for the cheapest or quickest shipping method. We conclude shipping insurance premiums only on the express instruction of the customer and at its cost.
5. Delivery time
If no delivery dates are agreed, but rather a defined delivery time in accordance with defined time periods, these start on the day of the sending of the order confirmation and end with the day on which the goods leave the factory or the day on which they are stored due to the impossibility of shipping. For the duration of the verification of corrections, production samples, plates etc. by the customer, the delivery time is respectively interrupted, namely from the day of shipment to the customer to the day of the arrival of the customer’s statement. If the customer demands
modifications to the order after order confirmation which influence the duration of production, a new delivery time begins, namely upon the confirmation of the modifications.
We are not responsible for exceeding the delivery time if this was caused by circumstances beyond our control. Operating incidents both in the own as well as in external companies which manufacturing and transportation depend on - caused by war, strike, lockouts, turmoil, heating fuel or fuel scarcities, failure of means of transport, work restrictions and all other cases of force majeure - exempt from compliance with the agreed delivery times and prices. A breach of the delivery date and price caused by such does not entitle the customer to recede from the order or to make us responsible for any possibly accruing damage.
6. Delivery delays
If a delivery is delayed, in all cases the customer is permitted to exercise its legally entitled rights only after providing a reasonable grace period. It cannot demand compensation for lost profits.
7. Acceptance delays
If the customer defaults acceptance, we are entitled the rights in § 326 BGB (German Civil Federal Code). However, we also have the right to recede from the contract in part and, regarding the other part, to demand compensation.
If the customer does not promptly accept the delivery within a reasonable time after notification of completion or notification of shipping, or if shipping is not possible for a long period of time for reasons beyond our control, we are entitled to store the delivery at the customer's risk and cost either ourselves or at a shipping company.
8. Complaints
are permitted within one week after receipt of the goods. The duty of the customer for inspecting the delivered goods also exists when reference samples have been sent. Defects in one part of the delivery cannot lead to rejection of the entire delivery. Only a reduction, but not a redhibition or compensation can be claimed. We have the right to make repairs or to make a substitute delivery.
Hidden defects that could not be found after an immediate inspection can only be enforced against us if we received the notification of defect within four weeks after the goods left the factory.
Liability for faults by the personnel can only be accepted within contracts according to § 831 BGB (German Federal Civil Code).
9. Material procured by the customer,
regardless of what type, is to be delivered to us free-house.
The receipt will be acknowledged without acceptance of liability for the correctness of the quantity designated as delivered. Concerning large lots, the related costs and the storage charges are to be remunerated for the counting or weight verification.
10. Copyrights
The customer is solely responsible for reviewing the right of reproduction of all artwork and originals or copies.
The copyrights and the right of reproduction in every process and for every application of own sketches, drafts, original, films and similar remain ours, unless otherwise provided in other clauses or regulations.
Reprints or reproductions - regardless in which process - also those deliveries which are not an object of a copyright or another protection of industrial property rights, are prohibited without our approval.
Tools, printed matter, reproductions, final artwork (original and duplicate plates), embossing plates, steel band dies, printing plates etc. remain our property even if they are proportionately invoiced.
We are not obligated to deliver transfers of lithographics and copies of copy-templates to the customer.
We assume no liability for external relief plates, manuscripts and other objects not requested by the customer within four weeks after completion of the order.
11. Insurance
If the manuscripts, originals, relief plates, screen boxes, papers, line type given to us for storage, stored printed matter and other rendered objects are to be insured against theft, fire, water or any other kind of risk, the customer must acquire the insurance itself. Otherwise, only the normal prudence one would exercise in one's own matters can be demanded.
12. Copy proofs and test prints
are to be reviewed by the customer for misprints and other errors and are to be returned to us declared as ready for printing. The supplier is not liable for any overseen errors. Changes made by telephone require written confirmation.
We are not obligated to send the customer a copy proof for small print jobs and legal manuscripts. If shipment of a copy proof is not requested, the liability is limited for misprints to gross negligence.
For colour reproductions in all artwork and originals or copies, slight deviations from the original are not considered to be a justified reason for complaint notification. The same applies for the comparison between any kind of test prints and the print run.
13. Overshipment and short shipment
In general, the complete specified issue will be delivered. The customer is obligated to recognise an over- or short result of the ordered issue of up to 10%. The percentage increases for colour or especially difficult prints to 15%.
14. Company text and company identification number
We reserve the right to attach our company text, our company sign or our company identification number in accordance with the according standard practices or regulations and in accordance with the given space to all deliveries of all types.
15. Oral agreements
require written confirmation to become binding.
16. Place of fulfilment
for all demands and legal disputes including bills of exchange and summary proceedings based solely on documentary evidence arising from the contract relation is
57080 Siegen.
Court of jurisdiction: Siegen.