General terms and conditions
All deliveries and services take place based on our conditions of sale and delivery as detailed below, even if we do not expressly refer to them in the individual case. Their validity can be ruled out in full or in part only through express agreement for an individual business transaction. Special agreements that rule out our general terms and conditions in full or in part or that contradict them are valid only if they are confirmed by us in writing. This also applies to special arrangements made by our field staff.
1. Price offer
Price offers are issued in euro and do not include value added tax. Our prices indicated in the quote apply under the condition that the order information on which the quote issue was based remain unchanged. The prices for our products are based on the cost factors applicable when the contract is concluded. Changes to the price structure up to the delivery and service authorise us to implement price changes, provided that more than four months have passed between the time when the contract was concluded and the delivery. The buyer undertakes not to disclose the relevant cost factors. If the price offer and the order confirmation are evidently based on an incorrect price due to transmission errors, we are authorised to perform a subsequent price correction. If the customer rejects this correction or if no agreement can be reached between the contractual parties, we have, if legally permissible, the right to withdraw from the contract at any time, which must be notified in writing. In the case of call orders with a term of more than six months, we reserve the right to adapt the prices in the event that prices or standard wages have increased by at least 4% since the date of the order confirmation. Provided that the customer issues no special instruction, the supplier shall assume no guarantee for the cheapest and fastest delivery. Complaints regarding damaged deliveries must be submitted to the relevant freight carrier immediately. Subsequent changes at the instigation of the customer, including the machine downtime thus caused, shall be charged to the customer’s account. Repetitions of print proofs demanded by the customer due to marginal deviation from the template shall also be considered as subsequent changes. Sketches, designs, print proofs, samples and similar preparatory work carried out at the customer’s instigation are charged, even if the corresponding order has not been issued.
Unless otherwise indicated, pure hired labour is payable immediately net. Otherwise, the agreed terms and conditions of payment apply. (Net price plus the currently applicable value added tax). If the delivery is not free, costs for freight, postage, insurance or other shipping costs shall be charged to the customer’s account. The invoice shall be issued as of the date of delivery, partial delivery or notification of readiness for delivery (in the case of collection by the customer). Should the customer fail to pay the exhibited invoice amount including any ancillary costs within the notified period of payment, the customer defaults, even without warning.
3. Payment default
If the fulfilment of the payment claim is threatened due to a deterioration of the customer’s financial circumstances that has occurred or become known after the conclusion of the contract, we shall be able to demand advance payment and immediate payment of all pending invoices – including those that are not yet due – and to retain goods that have not yet been delivered, as well as to discontinue further work on orders that are still ongoing. We shall also be entitled to these rights if the customer fails to make payment despite a warning due to the customer’s being in default. In the event of payment default, default interest in the amount of 8% above the relevant discount rate of the German Bundesbank is to be paid. The assertion of further default damage is hereby not ruled out.
4. Delivery, force majeure
We shall perform the delivery for the customer with the requisite care; however, we shall be liable only for intent and gross negligence. The goods are insured in accordance with the relevant forwarding conditions of the carrier. Disruptions of operations, both at our own company and at external companies, having a dependent effect on manufacture and transportation and caused by strike, lockout, energy deficiency, failure of means of transport, official provisions as well as all other cases of force majeure liberate from compliance with the agreed delivery times and prices. An excessing of the delivery time and the price induced hereby does not authorise the customer to withdraw from the order or to make us responsible for any damages that may have arisen.
5. Term of delivery
We always aim to deliver as quickly as possible. However, no liability for terms of delivery is assumed. Damages or withdrawal from the contract due to delayed delivery cannot be asserted.
6. Acceptance default
Should the customer fail to accept the delivery promptly within a reasonable period following notification of completion or in the case of advised delivery, or if delivery is impossible for an extended period as a result of circumstances for which we are not responsible, we shall be authorised to store the delivery ourselves or to have it stored at a forwarder’s premises, for the customer’s account and risk.
7. Periodic work
Contracts regarding regular recurring work can be cancelled only with a notice period of at least three months as of the end of a month.
The customer must at all events review the contractual conformity of the delivered goods as well as the preliminary and intermediate products transferred for correction. The risk of any errors is transferred to the customer upon the declaration of readiness for printing, provided these errors are not errors that arose or were detected only in the production process following the declaration of readiness for printing. The same applies to all other declarations of approval of the customer regarding further manufacture. Complaints can be taken into consideration only if they are received by us in writing within eight days following receipt of the goods. Hidden defects that are not found following the immediate analysis may be asserted against us only if the notification of defects is received by us within 12 weeks after the goods have left the supplying plant. In the event of justified complaints, we are – under exclusion of other claims, by our choice –obliged to undertake rectification and/or a replacement delivery, doing so up to the level of the order value, unless a promised property is absent or we or our staff are accused of intent or gross negligence. The same applies to the case of a justified complaint regarding the rectification or replacement delivery. However, in the event of delayed or unsuccessful rectification or replacement delivery or failure to perform this, the customer can withdraw from the contract. Section 361 of the Civil Code (BGB) remains unaffected. We are not liable for damage that has occurred to the delivery object itself; in particular, we are not liable for lost profit and for other financial damage to the customer. Complaints cannot be made about deviations in the nature of the paper, flexible packaging film or other material procured by us, provided they are declared as permissible in the terms and conditions of delivery of the paper and plastic industry or the otherwise competent supply industry and insofar as they are based on differences between the proof and the print run caused by printing technology. We shall assume liability for lightfastness, changeability and deviations of colours and pigments as well as for the nature of lamination, paintwork and coating only if defects of the materials were detectable prior to their use upon proper inspection. Defects of part of the goods delivered do not justify complaints regarding the entire delivery.
9. Provision of material
Material procured by the customer of whatever type is to be delivered to us free of charge. Receipt shall be confirmed without the assumption of liability for the correctness of the quantities designated as delivered. In the event of delivered quantities of more than 20,000 m², the costs pro rata for storage expenses are to be reimbursed.
Packaging of all types is charged at the original costs plus value added tax and is not taken back.
11. Storage, insurance
Templates, raw materials, print substrates and other objects that can be reused as well as semi-finished and finished products are kept beyond the delivery date only upon prior agreement and against special remuneration. The aforementioned objects are looked after until the delivery date, provided they are supplied by the customer. We shall assume liability for damage only in the event of intent or gross negligence. If the aforementioned objects are to be insured, it is the customer’s responsibility to purchase the insurance. In the event of correct storage, the film delivered by us shall maintain its properties for at least 6 months. We can provide no guarantee that the properties shall be preserved beyond this time period.
12. Data protection
The customer declares consent to the personal data of the customer required as part of the contractual relationship being stored centrally, with due regard to the Federal Data Protection Act; the same applies to offer data.
13. Property, copyright
The operating objects used by us to manufacture the contractual product, especially designs and printing plates, shall remain our property, even if they are charged separately, and shall not be delivered. The customer shall assume sole liability if rights, especially copyrights of third parties, are violated through the execution of the customer’s order. The customer is obliged to release us from all third-party claims due to such a violation of rights.
14. Retention of title
The delivered goods remain the property of the supplier until the complete payment of all receivables from the business relationship between the supplier and the customer. The transfer of individual claims to a current account, the balancing and their acknowledgement do not affect the retention of title. The buyer performs any handling or processing of the goods subject to retention of title for the supplier without this resulting in obligations for the supplier. In the event that the goods subject to retention of title are processed, combined or mixed with other goods not belonging to the supplier, the supplier shall be entitled to the hereby arising co-ownership share in the new item in the ratio of the value of the goods subject to retention of title to the other processed goods at the time of the processing, combination or mixing, with the buyer storing the goods for the owner free of charge. If the buyer becomes sole owner of the new item, the contractual partners agree that the supplier shall become the co-owner in the ratio of the value of the processed, combined or mixed goods subject to retention of title to the other components and that the buyer shall store the items for the supplier free of charge. The buyer is authorised to sell on the goods subject to retention of title or the goods that have arisen therefrom in normal trading. The buyer is not permitted to undertake pledging or transfer by way of security. The buyer is obliged to secure the rights of the supplier in the case of resale. Already now, the buyer cedes its claims from the resale of the goods subject to retention of title to the supplier. If the goods subject to retention of title are sold on along with other goods, whether without or after processing, combination or mixing, the claim from the resale is ceded in the amount of the invoice value of the goods subject to retention of title only. The supplier accepts this cession. The buyer must inform the supplier immediately about enforcement measures of third parties into the goods subject to retention of title or the claims ceded in advance, transferring the necessary documents for an intervention. The supplier undertakes to approve the securities it is entitled to in accordance with the foregoing provisions at the supplier’s option at the request of the customer to the extent that their value exceeds the claim to be secured by 25%. The buyer is obliged to have the goods subject to retention of title insured against fire, theft and water damage at the buyer’s own expense. Any claim from the insurance agreement is already ceded to the supplier in advance. If goods of third parties are co-insured, the claim is ceded in the amount of the invoice value. The supplier shall accept the cession. The buyer is authorised to recover the receivables from the resale, without heed to the advance cession thereof. However, the supplier can recover the receivables itself if the buyer fails to pay interest due in whole or in part upon warning. The buyer is obliged to provide the supplier with the information necessary for the recovery, to supply it with the necessary documentation and to notify the debtors of the cession. The enforcement of the retention of title to the goods by the supplier, including seizure, shall not be considered as withdrawal from the contract, provided that the instalment payment act does not apply.
15. Company text and item numbers
We reserve the right to apply our company text, our company logo or our item numbers to deliveries of all types.
16. Oral agreements
Oral agreements require written confirmation to be binding.
17. Severability clause
In the event that a regulation of this contract is invalid or not enforceable, the validity and enforceability of the remaining arrangements shall be unaffected hereby.