I. Scope/contract conclusion
Orders are executed exclusively on the basis of subsequent conditions. Deviating regulations require written confirmation.
The prices mentioned in the Contractor’s offer shall apply on the condition that the order data used in the submission of the tender shall remain unchanged, but not more than four months after receipt of the tender by the Client. In the case of orders with delivery to third parties, the customer shall be deemed to be the customer, unless otherwise expressly agreed. 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.
Subsequent changes at the instigation of the client, including the resulting machine downtime, shall be charged to the customer. Subsequent modifications shall also include repetitions of test prints required by the contracting authority due to minor deviation from the template.
Sketches, drafts, test sets, test prints, proofing prints, modification of delivered/transmitted data and similar preparatory work initiated by the client are calculated. The same applies to data transmissions (e.B. via ISDN).
Payment must be made immediately upon receipt of the invoice without any deduction. Any discount agreement does not relate to freight, postage, insurance or other shipping costs. The invoice is issued on the day of delivery, partial delivery or readiness for delivery (debt, delay in acceptance). Bills of exchange are accepted only after special agreement and for payment without the granting of a discount. Interest and expenses shall be borne by the client. They must be paid by the client immediately. The Contractor shall not be liable for the timely presentation, protesting, notification and return of the bill of exchange in the event of non-redemption, unless he or his vicarious agent are charged with intent or gross negligence.
In the case of exceptional inputs, appropriate advance payment may be required.
The client can only offset against an undisputed or legally established claim or exercise a right of retention.
If the fulfilment of the claim for payment is endangered due to a significant deterioration in the customer’s financial situation, which became known after the conclusion of the contract, the contractor may demand advance payment, withhold goods not yet delivered and cease further work. These rights shall also be granted to the Contractor if the Customer is in arrears with the payment of deliveries based on the same legal relationship.
In the event of late payment, interest on arrears in the amount of 2% above the respective base interest rate, which is published by the Deutsche Bundesbank in accordance with the Discount Rate Reconciliation Act, must be paid. The assertion of further damage caused by delay is not excluded by this.
If the goods are to be shipped, the risk passes to the customer as soon as the shipment has been handed over to the person carrying out the transport.
Delivery dates are only valid if they are expressly confirmed by the contractor. If the contract is concluded in writing, confirmation of the delivery date of the written form is also required.
If the contractor is in default, a reasonable grace period must first be granted to him. After fruitless expiry of the grace period, the client may withdraw from the contract. Section 361 of the German Civil Code (BGB) remains unaffected.
Operational disruptions – both in the operation of the contractor and in that of a supplier – such as .B strike, lockout and all other cases of force majeure only entitle the contract to terminate the contract if the customer can no longer be expected to wait further, otherwise the agreed delivery period will be extended by the duration of the delay. However, termination is possible at the earliest four weeks after the occurrence of the operating disruption described above. Liability of the Contractor is excluded in these cases.
In commercial transactions, the Contractor shall be entitled to a right of retention in accordance with Section 369 of the German Commercial Code (HGB) in the form of printing and stamp templates, manuscripts, raw materials and other objects delivered by the Customer until all claims due from the business relationship have been fulfilled in full.
The contractor shall take back packaging within the scope of the obligations imposed on him under the Packaging Ordinance. The client may return packaging in the operation of the contractor at the normal business hours after timely prior notification, unless another acceptance/collection body has been designated to him. The packaging may also be returned to the Contractor at the time of delivery, unless another acceptance/collection point has been designated to the customer. Packaging is only taken back immediately after delivery of the goods, in the case of subsequent deliveries only after timely prior notification and provision. The costs of transporting the used packaging shall be borne by the customer. If a designated receiving/collection point is further away than the operation of the contractor, the customer shall bear only the transport costs that would be incurred for a distance up to the operation of the contractor. The returned packaging must be clean, free of foreign substances and sorted according to different packaging. Otherwise, the Contractor shall be entitled to demand from the Customer the additional costs incurred in the disposal.
V. Retention of title
The delivered goods remain the property of the contractor until full payment has been made.
The following regulation applies only in commercial transactions: The delivered goods remain his property until all the claims of the contractor existing on the invoice date against the customer have been paid in full. The client is only entitled to resell in the proper course of business. The client hereby assigns his claims arising from the resale to the contractor. The Contractor hereby accepts the assignment. At the latest in the event of delay, the client is obliged to name the debtor of the assigned claim. If the value of the securities existing for the contractor exceeds the total value of the contractor’s claim by more than 20%, the contractor shall be obliged, at the request of the client or a third party affected by the over-security of the contractor, to release safeguards at the contractor’s discretion.
In the case of working or processing goods supplied by the Contractor and owned by the Contractor, the Contractor shall be regarded as a manufacturer in accordance with Section 950 of the German Civil Code (BGB) and shall retain ownership of the Products at any time of processing. If third parties are involved in the working or processing, the contractor is limited to a co-ownership share equal to the invoice value of the reserved goods. The property thus acquired is considered to be reserved property.
The customer must in any case check the conformity of the delivered goods as well as the pre- and intermediate products sent for correction. The risk of possible errors shall pass to the customer with the print maturity declaration/production maturity declaration, insofar as these are not errors that have arisen or could be detected only in the production process following the printing tyre declaration/production maturity declaration. The same applies to all other declarations of release by the client.
Complaints are only admissible within one week after receipt of the goods. Hidden defects that cannot be found after the immediate investigation must be asserted within the statutory warranty period.
In the event of justified complaints, the Contractor shall be obliged, at his option, to make rectification and/or replace the goods to the exclusion of other claims. In the event of delayed, omitted or failed rectification or replacement delivery, the customer may demand a reduction in the remuneration (reduction) or reversal of the contract (conversion).
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 customer.
In the case of coloured reproductions in all manufacturing processes, minor deviations from the original cannot be complained of. The same applies to the comparison between other templates (e.B. digital proofs, printing) and the final product.
The contractor is only liable for deviations in the quality of the material used up to the amount of the order value.
Subcontracting (including data carriers, transferred data) by the client or by a third party engaged by the customer shall not be subject to any obligation to check on the part of the contractor. This does not apply to obviously inscrutable or unreadable data. In the case of data transmissions, the client must use the latest state-of-the-art protection programs for computer viruses before sending them. Data protection is the sole responsibility of the client. The Contractor is entitled to make a copy.
Additional or under-deliveries of up to 10% of the ordered edition cannot be challenged. The quantity delivered is calculated. For deliveries made from paper custom-made products below 1,000 kg, the percentage increases to 20%, less than 2,000 kg to 15%.
The Contractor shall only be liable for damages caused by intentional or grossly negligent actions, as well as for the breach of essential contractual obligations, insofar as the achievement of the purpose of the contract is endangered, in the absence of guaranteed properties and in cases of mandatory liability under the Product Liability Act. In the event of culpable breach of essential contractual obligations, we shall only be liable for foreseeable damages typical of the contract.
The same principles apply to the liability of the contractor’s vicarious agents.
If claims for damages are asserted, they must be brought before the contractor within four months of the written refusal of the contractor. A subsequent assertion is excluded, unless an evidentiary procedure has been initiated.
VIII. Commercial consumption
In commercial transactions, the commercial practices of the printing industry (e.B. do not require the release of intermediate products such as data, lithos or printing plates produced for the production of the final product due) unless a different order has been placed.
Products to which the client is entitled, in particular data and data carriers, shall only be archived by the Contractor after express agreement and against special remuneration beyond the date of delivery of the final product to the customer or his vicarious agents. If the aforementioned items are to be insured, this must be obtained by the client himself in the absence of an agreement.
X. Periodic work
Contracts for regularly recurring work may be terminated with a period of at least 3 months at the end of one month.
XI. Intellectual Property Rights/Copyright
The client is solely liable if the execution of his order infringes the rights of third parties, in particular copyrights. The client shall infree the contractor from all claims of third parties due to such an infringement.
XII. Place of performance, place of jurisdiction, effectiveness
The place of performance and place of jurisdiction, if the client is a merchant within the meaning of the German Commercial Code (HGB) or does not have a general place of jurisdiction in Germany, the registered office of the contractor shall be the place of business for all disputes arising from the contractual relationship, including cheque, bills of exchange and deed processes. German law applies to the contractual relationship. UN Sales Law is excluded.
Any invalidity of one or more provisions shall not affect the validity of the remaining provisions.