I. General information
1. the following terms and conditions shall apply exclusively to the business relations with our customers and suppliers; any terms and conditions of our customers or suppliers which deviate from or contradict these terms and conditions shall only be binding on us if we acknowledge them in writing.
2. verbal or telephone agreements are only binding for us after written confirmation.
3. our offers are subject to change without notice; they must be accepted within six weeks of the date of the offer. The offers can also be accepted by placing an order. A contract but is not concluded until the order is confirmed or the order is executed.
4. set-off or retention by our customers is generally not permitted.
5. if a provision of these terms and conditions or a provision within the framework of other agreements is invalid, the validity of all other provisions or agreements shall not be affected. Should our terms and conditions or parts there contradicting the AGB act, they shall only apply to merchants.
6. delivery takes place exclusively in complete original packaging.
7.According to the Data Protection Act, we are allowed to store personal data within the scope of the purpose of the contractual relationship; the use of the data stored by us is exclusively according to the legally permissible and contractually necessary conditions. With the knowledge of these terms and conditions, our customer is considered to be informed that necessary data about him for the mutual business relationship has been stored.
8. The following applies to the business relationship in principle German law.
1. our prices are net; the statutory value-added tax is charged at the current rate percentage rate
2. in principle, the prices valid on the day the order is placed shall be charged plus
3. our prices shall be a free delivery warehouse or ex-works unless another pricing has been
4. in the case of customer-specific special productions (special products and/or their printing), the costs for cutting tools, printing plates, etc. are basically to be borne by the customer.
5. in case of a net order value of less than € 500.00, we will charge for the shipping costs incurred, above €
500.00 net order value the delivery will be carriage free.
III. Terms of payment
1. our invoices are payable within 20 days net cash or within 10 days with a 2% discount, regardless of
the receipt of goods and the right of possible complaints.
2. the payment period starts from the day of the dispatch provision.
3. on the invoices the payment periods are additionally indicated, by which the invoice amount, possibly after deduction of discount, must be credited to one of our business accounts. For the timeliness of the payment, the day of the credit note on our account is relevant, not the submission of the payment document.
4. even if our customer has other terms and conditions, we are entitled to initially credit payments to any costs and interest incurred, then to be offset against the older open invoices.
5. if our customer is in default of payment, we shall be entitled to charge interest from the due date of our claim at the interest rate charged to us for open overdraft facilities.
6. if our customer does not meet his payment obligations or if we become aware of circumstances which may
call his creditworthiness into question, we shall be entitled to make the entire remaining debt due and/or to demand additional advance payment or the provision of security, in particular for orders which are still open.
7. in the aforementioned cases we are entitled to withdraw from all contracts not yet fulfilled in whole or in part and to claim damages for non-performance.
IV. Retention of title
1. the delivered goods shall remain our property until all obligations from our deliveries of goods, including any ancillary costs, have been met in full.
2. our customer is entitled to process the reserved goods in the ordinary course of business, to combine them with other items, and to sell them, as long as he is not in default towards us.
3. pledging or transfer of ownership by way of security is prohibited.
4. the customer hereby assigns to us his rights of ownership or co-ownership of processed or mixed goods; he is obliged, at our request, to notify the third parties involved of the assignment and to provide the information and documents necessary for the assertion of our claims.
5. the customer shall inform us immediately of any seizure or any other impairment of our rights by third parties.
1. the delivery period is defined as the probable date of loading or delivery of the ordered goods, depending on the agreement
2. late delivery does not entitle the customer to withdraw from the contract or to assert claims for damages.
3. if the delivery period is exceeded, the customer may withdraw from the contract after the expiry of a grace period of at least eight weeks set by him. Further claims of the customer are excluded.
4. partial deliveries are permitted and are considered independent transactions.
5. unforeseeable obstacles and delays due to force majeure entitle us to an appropriate extension of the delivery period after the reason for the obstacle has ceased to exist, without us being liable to pay compensation for any damage caused by the delay.
6. events which change or restrict the basis of the contract in whole or in part to a considerable extent, regardless of whether they occur at the customer’s or our or our suppliers’ premises, entitle us to adapt the contract to the changed circumstances in whole or in part, excluding compensation claims.
1. Dispatch shall always be at the risk and expense of the customer; the risk shall pass to the customer when the goods are handed over to the carrier, but at the latest when they leave the supplying factory or distribution warehouse.
2. in the absence of special instructions, we are entitled to choose the fastest and most cost-effective mode of dispatch ourselves at our best discretion without any assumption of liability.
3. additional costs for special shipping (express or express goods, etc.) shall be borne by the customer.
4. if goods ready for dispatch are not immediately called or collected or if the transport is temporarily or permanently impossible, the agreed purchase price is still due.
5. in the cases mentioned under 4. we are entitled to store the goods at our discretion at the expense and risk of
the customer, whereby liability for damaging influences (transport, weather, etc.) on the goods is excluded.
VII. Warranty, Liability
1. the quality of the delivered goods depends decisively on the available raw materials; we are therefore only responsible for quality deviations and color changes if they could have been avoided under the market conditions. 2. we do not assume any warranty for the durability of printing inks on plastic and metal products.
3. complaints must be brought to our attention immediately after receipt of the goods, but at the latest after five working days; in the case of obvious damage, the type and extent of the damage must be noted on the consignment note/delivery bill and confirmed by the carrier’s representative (driver).
4. defects or damage to part of the delivery do not entitle the customer to complain about the entire delivery or to delay payment of the invoiced purchase price in whole or in part.
5. in the event of timely and contractually compliant notification of defects, we shall, at our discretion, either provide a replacement or credit the equivalent value; further claims (damages, contractual penalties, etc.) are excluded.
6. the suitability of the goods delivered by us for a specific purpose cannot be guaranteed.
7. the customer’s claims for damages in tort, in particular product liability, shall exist against us in the event of proven deliberate or grossly negligent damage and also only insofar as the manufacturer of the goods delivered by us is not liable for the same reasons. The same applies to claims of the customer from positive breach of contract
8. Warranty and compensation claims are generally excluded.
If they are due to improper handling, maintenance, operation, or handling by the customer or third
parties, as well as normal wear and tear or transport damage.
VIII. Place of performance, place of jurisdiction
The place of performance is our company headquarters in 93354 Siegenburg. The place of jurisdiction for all direct and indirect disputes arising from the contractual relationship is Siegenburg, irrespective of the amount in dispute. In the event of disputes, the local or regional court in 84028 Landshut, Germany, shall have jurisdiction at our discretion.
Terms and conditions
I. General information