General terms and conditions
1. General information
The following conditions apply to all legal transactions entered into by us and with us. General terms and conditions of the client which deviate from the above-mentioned conditions are not binding for us, even if the client refers to them and we have not expressly objected to them. Deviating conditions require our express written consent.
2. OUR OFFERS
Our offers are subject to change and non-binding. The contract is only concluded if we do not object within two weeks after receipt of the order or if the order is confirmed or delivered by us.the order confirmation is made with regard to defects, delivery date and price subject to undisturbed production possibilities, sufficient raw material and energy supply and essentially constant raw material and production costs.
3. Pricing
Invoicing is based on the prices valid on the day of delivery. In the event of a price increase between order confirmation and delivery, the buyer has the right to withdraw from the contract immediately after receipt of a corresponding notification.
The offered prices are net prices and do not include the legal value added tax. If the goods are invoiced according to weight, the invoicing is gross - for net weight.
The prices quoted are, unless otherwise stated, without disposal costs.
4. Shipping and transfer of risk
The choice of the dispatch route is always made by us. If the buyer determines the mode of dispatch, any additional freight charges compared to the cheapest mode of dispatch shall be borne by the buyer.
With the handing over of the goods to the forwarding agent, carrier or self-collector, but at the latest when they leave our distribution warehouse, the risk is transferred to the buyer, even if the transport costs are borne by us.
5. deliveries
We are entitled to make partial deliveries.
We always try to deliver as soon as possible.
However, no liability is assumed for compliance with a specific delivery deadline. If we are in default with a delivery, the buyer may, after setting a reasonable grace period, withdraw from parts of the contract not yet fulfilled.
The correct and timely supply of raw materials to ourselves is reserved.
We shall only be liable for loss of or damage to final artwork, printing plates and other documents provided by the customer in the event of gross negligence. The customer can only claim compensation for the pure material value - excluding further claims.
6. Notification of defects/warranty
Our service is considered to be provided in accordance with the contract if it remains within the tolerances customary in the trade; production-related excess or short deliveries within the tolerances customary in the trade or minor colour deviations in the printing inks are not considered defects and cannot be objected to. The purchaser must inspect the goods upon receipt and, in the case of obvious and recognisable defects, submit a written complaint to us within a preclusive period of 6 days from the date of dispatch.
Complaints due to damage to the goods will only be considered if the customer, before accepting the goods, has had their condition confirmed in writing by the carrier. Damage or reductions which were not externally visible at the time of acceptance must be reported to us in writing by the customer after discovery and at the latest within 6 days of the date of dispatch.
Our warranty is limited, as far as legally permissible, to replacement delivery or reduction of the purchase price at our discretion, excluding any further claims of any kind. Rejected goods may only be returned free domicile with our consent and does not release the buyer from his obligation to fulfil the contract.
7. Retention of title
All delivered goods remain our property until full payment of all claims, including future claims arising from the business relationship with the purchaser. The goods are to be insured by the buyer against damage caused by the elements. The conclusion of the insurance is to be presented to us on request.
The buyer is entitled to sell, handle or process the goods in the ordinary course of business, as long as he is not in default of payment The buyer hereby assigns his claims from the resale of the reserved goods to us.
Extraordinary dispositions, such as pledges, transfers by way of security and assignments, are not permitted. In the event of the Buyer acting in breach of contract - in particular in the event of default in payment - we shall be entitled to take back the reserved goods at the Buyer's expense. Taking back the reserved goods does not constitute a withdrawal from the contract.
8. Terms of payment
Our terms of payment stated on the order confirmation/invoice shall apply, within 10 days 2% discount or 30 days net. For SEPA direct debit we grant a 3% discount, provided that sufficient funds are available. We will inform you at the latest 1 day before debit. In the event of overdue payments, the statutory provisions shall apply. Discount deductions that are not justified in terms of time or amount will be subsequently debited by us.
9. Miscellaneous
Costs for drafts, drawings and printing plates will be charged at the 1st delivery.
They remain our property in any case. We are entitled to the copyright on the designs and the like produced by us. Rights of use can be transferred against special remuneration.
If logos of any kind are affixed to our goods, the buyer shall bear full responsibility for ensuring that third-party property rights are not infringed. Recourse claims of third parties in this matter are at the expense of the buyer.
In the case of device demonstrations, we reserve the right to charge a lump sum for travel, cleaning etc. in the corresponding amount, which we will credit at the time of purchase. The buyer is solely responsible for the proper handling, storage and use of our products and for compliance with the relevant official or statutory regulations or provisions.
For the purpose of deciding on the establishment, execution or termination of the contractual relationship, we collect or use probability values, in the calculation of which address data, among other things, are included.
10. Place of performance and jurisdiction
Place of performance for the delivery is Güglingen (Frauenzimmern). Place of jurisdiction is Brackenheim, also for cheque procedures.
11. Invalidity
Should one of the above provisions be invalid in whole or in part, the validity of the remaining provisions shall not be affected. The void provision shall be replaced by a provision which comes closest to the intended purpose in economic terms.
German law shall apply to the contractual relationship between the customer and us.
The validity of the uniform purchase laws is excluded.