§ 1 Validity of the terms and conditions
1. Deliveries, services and offers are made exclusively on the basis of the following terms and conditions. These also apply to all future business relationships, even if they are not expressly agreed again.
2. Deviating provisions or agreements shall only apply if we expressly confirm them in writing. Divergent conditions of the contracting party do not obligate us even if we do not expressly contradict them again after receipt by us. We hereby expressly contradict them.
§ 2 Offer and contract
1. Our offers are non-binding. Orders become binding for us if we have confirmed them in writing or if they are executed. The same applies to additions, ancillary agreements, reservations and amendments.
2. For the type and extent of deliveries or services, our written order confirmation shall prevail.
3. Customary deviations with regard to the services specified in brochures, illustrations, drawings and descriptions, in particular with regard to the dimensions and colors as well as design and shape changes, which are carried out from the day of placing the order to delivery, as well as other deviations by which the use of the contractual purpose is not restricted, we reserve ourselves.
4. The documents belonging to the offer, such as illustrations, drawings, weights or measurements as well as other technical data or information merely identify the subject matter of the contract and do not represent any assurances of quality.
5. We hold ourselves proprietary and copyright to cost estimates, drawings and other documents; they may not be made accessible to third parties.
§ 3 Prices
1. The prices quoted in the offer are in Euro and are exclusive of VAT. The value added tax in the respective statutory amount will be charged additionally.
2. If a binding price agreement has been made, we can nevertheless adjust the prices if we subsequently consider the delivery or service by newly added public charges, additional charges, freight or their increases or other legal measures or a change in the cost factors such as wages and material costs, on which our prices touch, have pledged, directly or indirectly, for a fixed price. If the contract concluded with us does not belong to the business of a merchant or if our contractual partner is not a merchant, a legal entity under public law or a special fund under public law, this provision only applies if, as agreed, our services are provided more than four months after conclusion of the contract should.
§ 4 Delivery times
1. Information on delivery dates and dates are only approximate, unless we have expressly and in writing referred to them as binding. The delivery period begins with the dispatch of the order confirmation, but not before the provision of the documents to be procured by the purchaser, permits, releases and before receipt of any agreed down payment.
2. If the scheduled delivery date is exceeded by more than four weeks, the customer has the right to set a reasonable grace period of at least four weeks. The same applies if a fixed delivery date is exceeded. If the service / delivery is not delivered by the end of the period of grace, then the customer is entitled to the statutory claims.
3. Delays in delivery and performance due to force majeure and events that make delivery considerably more difficult or impossible (including subsequent material procurement difficulties, breakdowns, strikes, lockouts, staff shortages, lack of means of transport, etc.), even if they have come into existence with our suppliers or their subcontractors, entitle us to postpone the delivery or service by the duration of the hindrance plus a reasonable start-up period or to withdraw from the contract in whole or in part because of the unfulfilled part. If the impediment lasts for more than three months, the client is entitled, after a reasonable grace period, to withdraw from the contract with regard to the part not yet fulfilled and to postpone the reimbursement of any down payment made, to the exclusion of further rights.
4. We are entitled to make partial deliveries and part deliveries and, if notified in advance, also for premature delivery.
§ 5 Transfer of risk
1. The delivery of all goods to be shipped is at the expense and risk of the customer, even if carriage paid delivery or transport has been agreed with our own means of transport. At the request of the client the shipment is insured by us against theft, breakage, transport, fire and water damage as well as other insurable risks.
2. If the shipment is delayed as a result of circumstances for which the customer is responsible, the risk shall pass to the customer from the date of readiness for shipment; however, at the request of the client, we are obliged to effect the insurance at the expense of the client.
§ 6 Payments
1. Payments (net prices plus value added tax) must be made within 30 calendar days of the date of invoice without deduction. Hourly wage work is payable immediately upon receipt of the invoice.
2. As far as this has been specially agreed, partial payments (advance payments) in the amount of 90% of the value of the services or deliveries made up to that time must be made at our request. Any complaints do not release from the obligation to pay.
3. Checks or bills of exchange are accepted by us only on the basis of a special agreement subject to all rights only on account of performance. Only the redemption is considered payment. All expenses shall be borne by the client.
4. Offsetting against counterclaims of the client is excluded, unless we have acknowledged them in writing or there is a legally binding title. The same applies to the assertion of a right of retention.
5. In case of overruns, without prejudice to further rights, default interest in the amount of 3% above the respective discount rate of the Deutsche Bundesbank, but at least 5%, shall be charged.
§ 7 Warranty
1. Complaints must be made within 14 days after delivery or execution of the allegedly defective performance in writing to us, stating the alleged deficiencies. Otherwise, any warranty will be void if there are obvious defects. Defects that can not be discovered within this period, even with careful examination, must be reported in writing within eight days of their discovery, but no later than the expiry of the statutory limitation period. Any working or processing must be stopped immediately. Otherwise, any warranty is void.
2. The objected goods or services must remain in the condition of delivery until our opinion. In the event of changes by the client or third parties, the warranty is void. The same applies if the client gives us no opportunity to convince ourselves of the defects, or if he does not provide the rejected goods or samples thereof immediately upon request.
3. In case of justified complaints, we can repair for free or provide free replacement against return of the defective parts. Other warranty claims are excluded, which applies especially to claims for consequential damages. We are entitled to at least two attempts at subsequent improvement or replacement, for which the client must grant us a reasonable period of time. The condition for the guarantee, however, is that the client is not in arrears with the fulfillment of his payment obligations, insofar as they are due and correspond to the value of the unopposed part of the delivery or service.
4. In case of failure of the repair or replacement deliveries, the customer may demand a reduction of the fee or, at his discretion, cancellation of the contract.
5. For the replacement part and the repair is guaranteed in the same way as for the original delivery item, however, the warranty is only until the end of the warranty period for the original object, unless the statutory regulation intervenes.
§ 8 Retention of title
1. The company objects used by us for the production of the subject matter of the contract, in particular drafts, costing documents and final artwork, remain our property even if they are calculated separately and will not be delivered.
2. We reserve the ownership of all delivery items until the payment of all claims arising from the business relationship with the customer, even if they are claims from previous contracts.
3. The client may not dispose of the reserved goods except in the ordinary course of business. Insofar as the goods are processed or inseparably mixed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the invoice value of the reserved goods to the invoice value of the other goods used at the time of processing or blending.
4. The claims of the client from a possible resale of the goods are assigned to us already now. The assignment shall only apply in the amount of the invoice value of the reserved goods, if this is sold by the contracting party together with other, not our belonging goods. In the sale of goods, in which we gem. Section 3 §8 Rented property shares, the assignment of the claim shall apply in the amount of these co-ownership shares. The assigned claims serve as security for the same extent as the reserved goods. We are entitled, and the customer is obliged at our request to notify the assignment in writing to his customers.
5. The client has to ward off access to the reserved goods as far as possible and to inform us immediately of a seizure or any other threat or impairment of our rights. He is obliged to provide us with any relevant information about the goods subject to retention of title as well as claims arising from the resale at any time upon request and to provide us with the documents necessary for assertion. The costs incurred by necessary intervention on our part are borne by the client.
§ 9 Place of fulfillment and jurisdiction, applicable law
1. Our contractual relationships are governed exclusively by German law.
2. The place of fulfillment for all liabilities arising from the contract and the place of jurisdiction for all disputes in connection with the contract is exclusively the registered office of our company.
§ 10 Final Provisions
1. Should a provision in these terms and conditions or a provision in the context of other agreements be or become ineffective, this shall not affect the validity of all other provisions or agreements. Rather, as far as legally permissible, one of the invalid provision is as close as possible to the economic one as far as possible.
2. If the contract concluded with us does not belong to the business of a merchant or if our contractual partner is not a merchant, a legal entity under public law or a special fund under public law, the provisions of these General Terms and Conditions or other statutory provisions shall prevail instead of these Terms and Conditions only in business dealings with merchants etc. are effective, the statutory provision.