The following conditions are part of all contracts for deliveries and services by us, in the case of a permanent business relationship with merchants also for all subsequent transactions. Deviating terms of delivery and purchase of the contractual partners shall only be valid if we have expressly agreed to them in writing beforehand.

 

1. Delivery

1.1 Agreed delivery periods shall be extended appropriately, even within a delay in delivery, in the event of force majeure, industrial disputes and operational disruptions for which we are not responsible.

1.2 We shall not be liable for delays on the postal route and transport.

1.3 In the event of order changes that affect the delivery period, the agreed delivery period shall be extended by a reasonable amount.

1.4 In the event of a delay in delivery or inability to perform on our part, the customer shall be entitled to withdraw from the contract after setting a reasonable period of grace and its expiration, without it being possible for us to supply the goods. Further claims, in particular claims for damages, are excluded unless delays in performance and inability to perform are due to intent or gross negligence.

 

2. Dispatch

Shipment shall always be at the expense and risk of the customer. Unless otherwise agreed in writing. If dispatch is delayed for reasons for which the customer is responsible, the risk shall pass to the customer upon notification of readiness for dispatch.

 

3. Terms of payment

3.1 Our offers are always subject to change without notice. Invoices are to be paid net immediately upon receipt.

3.2 Packaging, shipping costs, transport insurance, customs duties and statutory value-added tax are not included in our offers and will be invoiced separately.

3.3 In the case of service and work contracts, we shall be entitled to demand reasonable instalment payments.

3.4 The date of receipt of payment shall be the day on which the amount has been paid in cash or credited to our account in the case of cashless payment.

3.5 Bills of exchange and cheques shall only be credited subject to the correct receipt of the full amount.

3.6 If the customer is in default with payments, we may, without prejudice to our rights under the retention of title, withdraw from the contract after setting a reasonable grace period or claim damages for non-performance.

3.7 Interest shall be charged from the due date, corresponding to 3.1, at 4% above the discount rate of the Deutsche Bundesbank.

3.8 If we subsequently become aware that the customer, when placing the order, concealed unfavourable economic conditions on his side which were not recognisable to us and which did not exclude his inability to fulfil the contract, we shall be entitled to withdraw from the contract without grace period and to demand immediate payment of already recognisable services. If such circumstances occur after the order has been placed, we shall only be obliged to provide further performance against reasonable advance payment.

3.9 The customer shall only be entitled to offset counterclaims and withhold payments if and to the extent that his claim is undisputed or legally binding.

3.10 If the customer has granted us bank power of attorney for an account in his name, we shall be entitled to settle the outstanding balance of our claims from this account.

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4. Complaints, warranty, liability

4.1 Complaints due to incomplete or defective delivery must be reported to us immediately, at the latest 8 days after delivery, in case of hidden defects immediately after their discovery, as far as this can be determined by reasonable examination. If hidden defects occur, any processing of the goods must be stopped immediately. If the customer does not comply with this obligation, the goods shall be deemed to have been approved.

4.2 Excess or short deliveries of up to 5 % in the case of coloured prints and up to 10 % in the case of particularly difficult prints are permissible.

4.3 In the event of a justified and timely complaint, we shall, at our discretion, repair or replace the goods. The customer may demand a reduction in payment or withdrawal from the contract if two attempts at rectification have failed or if the replacement delivery is again defective. If in this case the customer does not exercise his right to withdraw from the contract or reduce the price, we shall be entitled to withdraw from the contract. A claim for damages due to violation of the obligation to repair or replace is excluded, unless in the case of intent or gross negligence.

4.4 All claims for damages against us for any legal reason, including consequential damages, are excluded, unless the damage was caused by intent or gross negligence on our part. Any liability for damages arising from the contract shall be limited to the amount of damages which was recognisable to us as a result of the breach of duty at the time the contract was concluded.

4.5 If the customer is a legal entity under public law, a special fund under public law or a merchant for whom the contract is part of the operation of his commercial enterprise, claims for damages by the customer, irrespective of their nature and on whatever legal grounds, e.g. from culpa in contrahendo, positive breach of contract, tort, compensation among joint and several debtors, against us, our legal representatives, vicarious agents and employees shall be excluded if we, our legal representatives or executive employees are not guilty of intent or gross negligence.

 

5. Retention of title

5.1 Delivered goods shall remain our property until payment of all claims against the customer existing at the time of delivery for any legal reason whatsoever. In the case of a current account, the reservation of title shall serve as security for the balance claim.

5.2 If the customer resells the delivered goods as intended, he hereby assigns to us the resulting claim against his customers with all ancillary rights to secure our claims in accordance with § 5.1. We accept the assignment.

5.3 The assertion of the retention of title, in particular by taking back the goods, which is permissible in cases of default in payment and other endangerment of our claim to ownership, shall not be deemed a withdrawal from the contract. In the course of making our reservation of title valid, we shall be entitled to demand the immediate surrender of the reserved goods to the exclusion of any right of retention and to procure for ourselves or through our authorised representative direct possession, also by entering the premises of the customer and inspecting his business documents.

5.4 Irrespective of the customer's payment obligation, we shall be entitled to take back the goods taken back by us.

a) to sell best by private treaty and credit the proceeds; or

b) at the price charged by us to the customer (contract price) less discounts, rebates and other rebates and less the reduction in value.

In all cases we are also entitled to deduct our return costs from the credit note.

5.5 The customer shall notify us immediately of any seizure or any other impairment of our property rights by third parties and shall confirm the ownership right both to third parties and to us in writing.

5.6 The customer shall adequately insure the reserved goods, in particular against fire and theft.

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6. Lien

6.1 We shall acquire the lien on all goods or other items which a customer has stored with us or handed over to us for any other legal reason in order to secure all claims to which we are entitled from the legal relationship with the customer in accordance with §§ 1204 ff. of the German Civil Code.

6.2 The assignment of claims against us requires our written consent.

 

7. Copyrights, liability for the content of printed matter

7.1 We retain the right to reproduce our sketches, drafts, originals, films, etc. in any process and for any purpose.

7.2 Printing plates, copy templates on film, cutting dies and the like shall remain our property unless they have been supplied by the customer, even if they are invoiced separately.

7.3 We assume no liability for third-party artwork and manuscripts as well as other items delivered by the customer which have not been reclaimed by us four weeks after execution of the order at the latest.

7.4 The customer shall be liable for ensuring that the content of the supplied artwork does not violate statutory provisions. He shall also be liable for ensuring that such artwork is not subject to the copyrights of third parties. In all cases, the customer shall indemnify us against all claims of third parties.

7.5 It is incumbent on the customer to have the advertising measures specified by us checked to see whether they are unobjectionable under competition law, taking into account the given circumstances and the special nature of the industry. We assume no liability in this respect.

7.6 We may, at our own expense, produce and distribute any number of copies of the products and advertising materials we have produced for a client for our own advertising purposes, including for participation in competitions.

 

8. Applicable law

The law of the Federal Republic of Germany shall apply exclusively to all legal relationships with us. The international sales law (EKG) does not apply.

 

9. Place of performance

The place of performance for all services arising from this contract shall be Munich, even insofar as legal transactions have been mediated by our offices located outside Munich.

 

10. Place of jurisdiction

The exclusive place of jurisdiction for all legal disputes arising from legal relationships between the customer and us shall be Munich. Our terms and conditions, on which all agreements are based, shall be deemed to have been accepted when an order is placed or an order is placed or a delivery or service is accepted.

 

 

Managing Director: Claus Geiser

Headquarter: Groebenzell

Registered: AG Munich HRB 47 795