All deliveries and services shall be based on our following terms and conditions of sale and delivery, even if we do not explicitly refer to them in individual cases. Their validity can only be excluded in whole or in part by explicit agreement in the individual transaction. Special agreements which completely or partially exclude or contradict our general terms and conditions shall only be valid if they are confirmed by us in writing. This shall also apply to special agreements made by our sales representatives.
1. Price offer
The price offers are provided in Euros and do not include Value Added Tax. Our prices stated in the offer shall be subject to the reservation that the order data on which the offer is based remain unchanged. The prices for our products shall be based on the cost factors applicable at the time of conclusion of the contract. Changes in the price structure until delivery and performance shall entitle us to change the price if more than four months have passed between conclusion of the contract and delivery. The buyer shall waive disclosure of the respective cost factors. If the price offer and the order confirmation are obviously based on an incorrect price due to transmission errors, we shall be entitled to make a subsequent price correction. If the client rejects this correction or if no agreement can be reached between the contracting parties, we shall be entitled, as far as legally permissible, to withdraw from the contract at any time, which must be notified in writing. In the case of call-off orders with a term of more than six months, we shall reserve the right to adjust prices if prices or standard wages have increased by at least 4% since the date of order confirmation. Unless the client gives special instructions, the supplier does not guarantee the cheapest and fastest delivery. Damaged shipments must be registered for complaint immediately with the respective carrier. Subsequent changes on arrangement of the client, including the resulting machine downtime, shall be charged to the client. Repetitions of test prints requested by the client due to minor deviations from the original shall also be deemed to be subsequent changes. Sketches, drafts, test prints, samples and similar preliminary work initiated by the client will be charged, even if the corresponding order has not been placed.
2. Choice of material - suitability for the application
We cannot assume any liability for interactions between filling material and film. The customer shall be responsible for exclusion. A legally binding assurance of certain properties/suitability for a specific purpose cannot be derived from our information, but rather must be validated by the customer.
Unless otherwise stated, pure wage labor is payable immediately net. Otherwise the agreed terms of payment shall apply. (Net price, plus the current Value Added Tax rate). If the delivery is not free domicile, costs for freight, postage, insurance or other shipping costs shall be charged to the client. The invoice shall be issued on the day of delivery, partial delivery or notification of readiness for delivery (in case of collection). If the client does not pay the stated invoice amount including any additional costs after the stated payment deadline, he shall be in default even without a reminder.
4. Payment delay
If the fulfillment of the payment claim is endangered because of a deterioration of the financial circumstances of the client which occurred or became known after the conclusion of the contract, we can demand advance payment and immediate payment of all open invoices, including those which are not yet due, retain goods which have not yet been delivered and stop further work on orders which are still ongoing. We shall also be entitled to these rights if the client does not make any payment despite a reminder giving rise to default. In the event of late payment, default interest of 8% above the respective discount rate of the Deutsche Bundesbank shall be payable. This shall not exclude the assertion of further damage caused by default.
5. Delivery, force majeure
We carry out the dispatch for the client with due care, but shall only be liable for intent and gross negligence. The goods shall be insured in accordance with the respective forwarding conditions of the carrier. Business disruptions, both in our own plant and in the external plant on which production and transport are dependent, caused by strike, lockout, energy failure, failure of the means of transport, official decrees and all other cases of force majeure exempt us from compliance with the agreed delivery times and prices. Any exceeding of the delivery time and price caused by this does not entitle the client to withdraw from the order or to hold us responsible for any damages incurred.
6. Delivery deadline
We make every effort to deliver as quickly as possible. However, liability shall not be assumed for delivery deadlines. Claims for damages or withdrawal from the contract due to delayed delivery cannot be asserted.
7. Acceptance delay
If the client does not accept the delivery within a reasonable period of time after notification of completion or, in the case of notified dispatch, promptly, or if dispatch is impossible for a longer period of time as a result of circumstances for which we are not responsible, then we shall be entitled to either store the delivery ourselves or to store it with a forwarding agent on the account and risk of the client.
8. Periodic work
Contracts for regularly recurring work can only be terminated with at least three months’ notice to the end of a month.
The client must check the contractual conformity of the delivered goods as well as the preliminary and intermediate products sent for correction in every case. The risk of any errors shall be transferred to the client with the declaration of readiness for printing, unless these are errors which only arose or could be recognized in the production process following the declaration of readiness for printing. The same shall apply to all other release declarations of the client for further production. Complaints can only be considered if they are received by us in writing within 8 days of receipt of the goods, if necessary by sending the attached goods control slip. Hidden defects which cannot be found after the immediate inspection may only be asserted against us if we receive the notification of defects within 12 weeks after the goods have left the supplying factory. In the event of justified complaints, we shall be obliged, at our discretion and under exclusion of other claims, to rectify the defect and/or deliver a replacement, up to the amount of the order value, unless a warranted characteristic is missing or we or our employees are guilty of intent or gross negligence. The same shall apply in the event of a justified complaint regarding rectification of defects or replacement delivery. However, in the event of delayed, omitted or unsuccessful repair or replacement delivery, the client may withdraw from the contract. § 361 BGB remains unaffected. We shall not be liable for damage that has occurred to the delivery item itself; in particular, we shall not be liable for loss of profit and for other financial losses of the customer. Deviations in the quality of the paper, flexible packaging foil or other material procured by us cannot be objected to if they are declared permissible in the terms of delivery of the paper and plastics industry or the other relevant supply industry and if they are based on differences between press proof and print run caused by the printing technology. We shall only be liable for light-fastness, variability and deviations of colors and pigments as well as for the quality of lamination, lacquering and coating if defects of the materials were detectable during proper inspection before their use. Defects in a part of the delivered goods shall not entitle to complaints to be made about the entire delivery. Minor deviations from the original cannot be objected to for color reproductions in all printing processes. The same shall apply to the comparison between press proofs and production print. We shall only be liable for deviations in the quality of the material used up to the amount of our own claims against the respective supplier. In such a case we shall be released from our liability if we assign our claims against the supplier to the client. We shall be liable like a guarantor insofar as claims against the supplier do not exist through our fault or such claims are not enforceable through our fault. If not regulated in individual contracts, up to an individual print run of 5,000 running meters of short delivery or surplus delivery of 15%, beyond that up to 10% shall be permissible and cannot be objected to. The supplied quantity shall be charged. Any liability for non-standard use of the products manufactured by us, which are delivered to non-EU countries or which are further distributed by EU customers to non-EU countries, shall be excluded.
10. Material provision
Material procured by the client, of whatever kind, shall be delivered to us free of charge. Receipt shall be confirmed without assuming any liability for the correctness of the quantities designated as delivered. In the case of delivery quantities of more than 20,000 m², the proportionate costs for storage expenses shall be reimbursed.
of all kinds shall be charged at cost price plus Value Added Tax and shall not be taken back.
12. Storage, insurance
Templates, raw materials, print carriers and other objects for reuse as well as semi-finished and finished products shall only be stored beyond the delivery date by prior agreement and against special remuneration. The above-mentioned objects, insofar as they are provided by the client, shall be treated with care until the delivery date. We shall only be liable for damages in case of intent or gross negligence. If the above-mentioned objects are to be insured, the client must procure the insurance himself. If stored correctly, the film supplied by us will retain its properties for at least 6 months. We cannot guarantee the properties beyond this period.
13. Proofs and press proofs
shall be checked by the client for errors in the typesetting, printing status and reeling scheme and returned to us declared ready for printing. We shall not be liable for errors overlooked by the client. Changes made by telephone must be confirmed in writing. In the case of smaller printing orders and already set texts and data carriers, we shall not be obliged to send the client a proof. If the sending of a proof is not requested, our liability for typesetting errors is limited to gross negligence. If changes are made after printing permission has been granted, all expenses, including the costs of machine downtime, shall be borne by the client. Cliché costs shall be due when the proof is released. Polymer clichés as well as polymer and elastomer printing plates are subject to an aging process, even if we store them according to regulations. We do not guarantee the perfect functioning of these printing plates one year after the start of printing. The costs of the new production shall be borne by the client.
14. Data privacy
The client agrees that the data relating to his person, which are required within the framework of the contractual relationship, shall be stored centrally in compliance with the basic data protection regulation; the same shall apply to offer data.
15. Proprietorship, copyrights
The operating items used by us to manufacture the contractual product, in particular drafts and printing plates, shall remain our property, even if they are charged separately, and are not delivered. The client shall be solely liable if rights, especially copyrights of third parties, are violated by the execution of his order. The client shall indemnify us against all claims of third parties for such a violation of rights.
16. Reservation of title
The delivered goods shall remain the property of the supplier until all claims arising from the business relationship between the supplier and the client have been paid in full. The inclusion of individual claims in a current invoice, the balancing of the account and their acknowledgment shall not affect the reservation of title. Any treatment or processing of the reserved goods shall be carried out by the buyer on behalf of the supplier, without any obligations arising for the supplier. If the reserved goods are processed, combined, mixed or blended with other goods not belonging to the supplier, the supplier shall be entitled to the resulting co-ownership share in the new object in the ratio of the value of the reserved goods to the other processed goods at the time of processing, combining, mixing or blending, whereby the buyer shall store the goods free of charge for the owner. If the purchaser becomes the sole owner of the new item, the contractual partners agree that the supplier becomes co-owner in the ratio of the value of the processed or connected, mixed or blended reserved goods to the other components and that the buyer shall store the items for the supplier free of charge. The buyer shall be authorized to resell the goods subject to retention of title or the goods resulting from it in normal business transactions. He shall not be permitted to pledge the goods or assign them as security. The buyer shall be obliged to secure the rights of the supplier in case of resale. The buyer shall hereby assign his claims from the resale of the reserved goods to the supplier. If reserved goods are resold together with other goods, whether without or after processing, combining, mixing or blending, the claim from the resale shall only be assigned to the amount of the invoice value of the reserved goods. The supplier shall accept this assignment. The purchaser must inform the supplier immediately of any enforcement measures by third parties against the reserved goods or the claims assigned in advance, by handing over the documents necessary for an intervention. The supplier shall undertake to release the securities to which he is entitled in accordance with the above provisions at his discretion at the request of the client, insofar as their value exceeds the claim to be secured by 25%. The buyer shall be obliged to have the goods subject to retention of title insured against fire, theft and water damage at his expense. Any claim arising from the insurance contract shall be assigned to the supplier in advance. Insofar as goods of third parties are also insured, the claim shall be assigned in the amount of the invoice value. The supplier shall accept the assignment. Irrespective of the advance assignment of the claims from resale, the buyer shall be entitled to collect them. However, the supplier may collect the claims himself if the purchaser fails to pay all or part of the interest due upon reminder. He shall be obliged to provide the supplier with the information required for collection, to make documents available and to notify the debtors of the assignment. The assertion of the reservation of title to the goods by suppliers, including seizure, shall not be deemed a withdrawal from the contract, unless the German Installment Purchase Law applies.
17. Company text and article numbers
We reserve the right to affix our company text, our company logo or our article number to deliveries of any kind.
18. Verbal arrangements
require written confirmation to become binding.
19. Place of fulfillment, effectiveness
The place of performance for all claims and legal disputes arising from the contractual relationship, including summary proceedings based on documentary evidence, shall be our registered office if we and the client are registered traders within the meaning of the German Commercial Code. Any invalidity of one or more provisions shall not affect the validity of the remaining provisions. The court of jurisdiction is D-35390 Gießen.
20. Severability clause
In the event that any provision of this agreement is invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected.
Folien + Druck GmbH 35463 Fernwald-Steinbach