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Terms of Service

Terms of Service  applicable to the above companies:

I.         scope

Orders are carried out under the following conditions. Deviating regulations must be made in writing.

II.        compensation

1.   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.
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.

2.   Subsequent changes at the instigation 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.

3.   Sketches, drafts, sample typesetting, test prints, samples and similar preparatory work, which are initiated by the client, will be invoiced, even if the order is not placed. The provisions of Section IX apply accordingly.

III.      payment

1.   Payment (net price plus VAT) must be made within 14 calendar days of the invoice date without any deductions. The costs for freight, postage, insurance or other shipping costs will be invoiced separately. The invoice is issued on the day of delivery, partial delivery or readiness for delivery (debt to collect, default in acceptance).
Bills of exchange are only accepted by special agreement and on account of payment without granting a discount. The client bears the discount and expenses. You are to be paid by the client immediately. The contractor is not liable for the timely presentation, protest, notification and return of the bill of exchange in the event of non-cashing, unless he or his vicarious agent is guilty of willful intent or gross negligence.

2.   If exceptionally large quantities of paper and cardboard are provided, special materials or advance payments, advance payment may be required.

3.   The client can only offset an undisputed or legally established claim. A client who is a full trader in the sense of the HGB is not entitled to retention or set-off rights. The rights according to § 320 BGB remain, however, as long as and to the extent that the contractor has not fulfilled his obligations according to Section VI 3.

IV.      Late payment

1.   If the fulfillment of the payment claim is endangered due to a deterioration in the client's financial circumstances that has occurred or has become known after the conclusion of the contract, the contractor can demand advance payment and immediate payment of all outstanding invoices, including those that are not yet due, withhold goods that have not yet been delivered and continue working on ongoing orders to adjust. The contractor is also entitled to these rights if the client fails to make payment despite a reminder based on default.

2.   In the event of default in payment, default interest of 2% above the respective discount rate of the Deutsche Bundesbank is to be paid. The assertion of further damage caused by default is not excluded.

V.       delivery

1.   The contractor will dispatch the goods for the client with the necessary care, but is only liable for willful intent and gross negligence. The goods are insured in accordance with the carrier's respective forwarding conditions.

2.   Delivery dates are only valid if they are expressly confirmed by the contractor. If the contract is concluded in writing, the confirmation of the delivery date must also be in writing.

3.   If the contractor is in default with his services, he must first be granted a reasonable grace period. If the grace period expires without result, the client can withdraw from the contract. Section 361 BGB remains unaffected. Compensation for damage caused by delay can only be requested up to the amount of the order value (personal contribution excluding advance work and material).

4th   Operational disruptions - both in the company of the contractor and in that of a supplier - in particular strikes, lockouts, war, riot and all other cases of force majeure do not entitle to terminate the contractual relationship. The principles governing the abolition of the business foundation remain unaffected.

5.   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. 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.

6th   The contractor has a right of retention on clichés, manuscripts, raw materials and other items delivered by the client in accordance with Section 369 of the German Commercial Code (HGB) until all due claims from the business relationship have been met in full.

VI.      Complaints

1.   The client has to check the conformity of the delivered goods as well as the preliminary and intermediate products sent for correction in every case. The risk of any errors is transferred to the client with the declaration of readiness for printing, provided that it is not a matter of errors that only arose or could be recognized in the production process following the declaration of readiness for printing. The same applies to all other release declarations by the client for further production.

2.   Complaints are only permitted within one week of receipt of the goods. Hidden defects that cannot be found after the immediate examination may only be asserted against the contractor if the complaint reaches the contractor within 6 months after the goods have left the delivery plant.

3.   In the event of justified complaints, the contractor is obliged, at his discretion, to the exclusion of other claims, to repair and / or replace it, up to the amount of the order value, unless a guaranteed property is missing or the contractor or his vicarious agent is guilty of intent or gross negligence . The same applies in the event of a justified complaint about the repair or replacement delivery. However, in the event of delayed, omitted or unsuccessful rectification or replacement delivery, the client can withdraw from the contract. Section 361 BGB remains unaffected. Liability for consequential damage caused by defects is excluded, unless the contractor or his vicarious agent is guilty of willful intent or gross negligence. If the order involves contract finishing work or further processing of print products, the contractor shall not be liable for the resulting damage to the product to be finished or further processed, unless the damage was caused intentionally or through gross negligence.

4th   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.

5.   In the case of color reproductions in all printing processes, minor deviations from the original cannot be objected to. The same applies to the comparison between proofs and print runs.

6th   The contractor is only liable for deviations in the quality of the material used up to the amount of his own claims against the respective sub-supplier. In such a case, the contractor is released from his liability if he assigns his claims against the suppliers to the client. The contractor is liable as a surety if claims against the supplier do not exist through the fault of the contractor, or if such claims are not enforceable.

7th   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.   Safekeeping, insurance

1.   Templates, raw materials, print media and other items that can be reused as well as semi-finished and finished products are only stored beyond the delivery date after prior agreement and against special payment. The contractor is only liable for intent and gross negligence.

2.   The items named above will be treated with care until the delivery date, provided they are made available by the client. The contractor is only liable for damage in the event of willful intent or gross negligence.

3.   If the above-mentioned items are to be insured, the client must arrange for the insurance himself.

VIII Periodic work

Contracts for regularly recurring work can only be terminated with a notice period of at least 3 months at the end of a month.

IX.      Ownership, copyright

1.   The operational objects used by the contractor to produce the contractual product, in particular films, clichés, lithographs, printing plates and standing sets, remain the property of the contractor, even if they are billed separately, and will not be delivered.

2.   The client is solely liable if rights, in particular copyrights of third parties, are violated through the execution of his order. The client has to release the contractor from all claims by third parties due to such a violation of the law.

X.       imprint

The contractor can refer to his company in a suitable manner on the contractual products with the consent of the client. The client can only refuse consent if he has an overriding interest in this.

XI.      Place of performance, place of jurisdiction, effectiveness

1.   The place of fulfillment and jurisdiction for all claims and legal disputes arising from the contractual relationship, including bill of exchange and document processes, is the registered office of the contractor if he and the client are full merchants within the meaning of the German Commercial Code (HGB).

2.   Any ineffectiveness of one or more provisions does not affect the effectiveness of the remaining provisions.


Status: 2018-05

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