These terms and conditions apply to all deliveries and services to be rendered by us for contractors, legal persons under public law as well as to special funds under public law (hereinafter identified as „customer“); subject to an expressive agreement, conflicting conditions or customers’ conditions deviating from these conditions will not be recognized. Our conditions will apply to all future business even if no explicit reference is made again to these terms and conditions.
The prices are indicated in EUROs exclusive of the statutory value added tax (VAT).
An invoice amount must be effected 30 days after the date of the invoice cash without any deduction or 8 days after receipt of the invoice with a 2% discount. This does only apply provided the payment of all previously due invoices are received on time. No discount shall be granted for expenses, costs and/or overhead costs.
Bills of exchange and letters of credit will not be accepted.
We can make the performance of orders in an amount in excess of € 5,000 value of goods and/or international business dependent on an advance payment of up to 50%.
We are entitled to invoice partial performance immediately.
At bank transfers and payments by check, the day the credit advice is received by us is considered the receipt of payment.
If a substantial deterioration in the financial circumstances of the customer becomes known or should the customer get into arrears with the payment resulting from a deferral, which might have been agreed and/or an instalment contract, we are entitled to claim the immediate payment of all outstanding invoices, even of those that are not yet due. Likewise, we are entitled to cease all further work on the customers’ orders in progress and to make the performance of services and deliveries not yet completed contingent on an advance payment.
Insofar as the payment conditions outlined above are modified in favor of the customer, the customer has to bear all charges for expenses, credit or other costs.
If the customer cancels an order after we have confirmed the order, or if we are eligibly caused to cancel the order because of the customer’s conduct, we are entitled to charge 30% of the order value in cancellation costs. We reserve the proof of higher damages. The customer is entitled to proof to us that no damage or an essentially smaller damage has occurred to us resulting from the cancellation.
We retain the ownership of the delivered goods until we receive payment in full. If the resale to third parties is part of the customer’s normal course of business, the customer is entitled to resell the goods in the proper course of business.
Moreover, the customer’s entitlement to resale, pledge and transfer by way of security or shipping of the goods subject to retention of title to a foreign country is subject to our prior written consent.
In case of the resale, the customer hereby already assigns and transfer any and all claims and rights to compensation, which he may have with respect to the goods subject to retention up to the amount invoiced for the goods subject to retention. If the customer sells the goods subject to retention after combination, mixing or processing with other goods not in our possession, the claims and rights to compensation shall be assigned to us only to the amount of our co-ownership share in the object or stock sold. If the said goods are used by the customer to fulfill a contract for work and services or a contract for work and materials, the account receivable by the customer under such contract is assigned to us in advance in the same proportion as specified above for an account receivable created by a purchase price. We hereby already accept this assignment. The customer is authorized to take possession of such amounts as long as he duly complies with his obligations towards payment and is not in default.
In the event of access of third parties to the goods subject to retention, the customer must immediately advise such third party of our ownership and notify us in writing of the attempts of seizure or other access of a third party in order to enable us to take countermeasures.
In case the customer behaves contrary to the contract, in particular in the event of a default in payment, we are entitled – even without setting a reasonable period for performance – to withdraw from the contract or to retrieve the goods subject to retention.
Shall be „ex works“. If nothing to the contrary has been agreed, the Incoterm „EXW“ in the respective newest version applies.
If we arrange the shipping of the goods upon the customer’s request, we will fulfill this request on behalf and for the account of the customer. If no shipping method is identified, the choice of shipping method is subject to our sole discretion. We do not assume any liability for the most cost-effective performance. We will only take out transport insurances at the express instruction and expense of the customer.
Delivery dates/lead times stated by us are non-binding. Sales will not be fixed date transactions unless an express agreement has been made to that effect. We are authorized to effect delivery or partial deliveries at any time. If no delivery dates are agreed, but a delivery time appropriate in accordance with a specified delivery period is, said delivery period starts with the dispatch of the order acknowledgement. The delivery period ends with the day, on which the goods are made available and the customer is advised of their readiness for shipment, but at the latest on the day that the goods leave our factory. For the duration of the test of the print proofs, proofs, production prototypes etc. by the customer, the delivery period shall be interrupted in each case from the day of the dispatch to the customer until the day his comments are received. If the customer requests modifications of the order after the order acknowledgement, which will have an impact on the production time, a new delivery period will start, namely only upon confirmation of the modifications.
We are not responsible for exceeding the time of delivery if such was caused by circumstances for which we are not responsible. Breakdowns –in our own or in a foreign company, on which production and transport depend – caused by war, strike, lockout, riot, lack of energy, failure of means of transport, work restrictions as well as any other cases of force majeure exempt from the observance of the agreed delivery dates and delivery periods. These circumstances entitle us to delay the delivery and/or provision of the service for the duration of the obstruction plus an appropriate lead-time. If the delivery time/period is exceeded as a result thereof, the customer shall not be entitled to withdraw from the order or to hold us responsible for any damages, which might have been incurred.
At a default in delivery, the customer is only entitled to exercise his legally entitled rights after setting an appropriate period of grace.
Should the customer fall into default with acceptance, we are entitled to avail ourselves of our statutory rights. We are also entitled to only partially withdraw from the contract in order to claim damages for the remaining part.
If the customer does not accept the delivery within an appropriate period after notice of the shipping readiness has been given and/or after he has been notified of the dispatch, or if the dispatch of the goods is delayed for a longer period due to circumstances for which we are not responsible, we are entitled to either store the goods ourselves or to store the same with a carrier on the account and risk of the customer.
Warranty claims may only be made if the customer has fulfilled his orderly examination and reprimand obligations according to § 377 German Commercial Code. The examination and reprimand obligations also apply if reference samples have been sent. Deviations in the quality of the paper, cardboard and other materials purchased by us may not be subjected to complaint insofar as they are declared as admissible in the delivery conditions of the paper and board industry or the other relevant supply industries, which are available to the customer upon request or insofar as they are based on differences between the proof and the print run caused by the printing technology.
We shall only be liable for light-fastness, variability or deviation of colors or bronzes or for the quality of rubber coating, lacquer etc. insofar as the material deficiencies would have been discernible with proper examination prior to their use.
If special work, such as laminating, paintwork etc., is performed by a third party, the delivery conditions of the respective industry, which are available to the customer upon request, apply.
We reserve ourselves the right to make changes to all products produced or delivered by us in order to adapt them to the latest state-of-the-art. This also applies to the materials offered and confirmed, insofar as we are forced during the production phase to use a more cost-effective raw material due to an excessive increase in price or because of certain materials not being at our disposal.
Any materials of whatever type, which the customer purchases, must be delivered to the supplier free domicile.
We will confirm the receipt of said materials without assuming any liability for the correctness of the quantity designated as delivered.
At larger lots, the costs associated with the payment or the weight-based examination as well as the storage costs are to be reimbursed by the customer.
If the customer provides the paper and board, we may either dispose of the packaging material and the waste through unavoidable loss in printing underlays and running-on owing to trimming, punching and alike or we may use the same ourselves.
of paper or board is invoiced at cost price plus VAT and not taken back. The customer is obligated to take care of the disposal of the packing at his own cost.
are invoiced even if the order is not expressively placed.
The customer is solely responsible for the examination for the right of reproduction of all print templates.
The copyright and the right of reproduction of our own sketches, drafts, originals, films and similar items in all processes and for all intended purposes is retained by us.
A reprint or reproduction – no matter which process is used – even for deliveries, which are not subject to a copyright or another industrial property right, is not permissible without our prior authorization.
We have acquired ownership rights over the printing plates developed by us according to §§ 25 and 72 of the copyright law and according to §§ 950 and 985 of the German Civil Code.
Printing plates, lithographs, copy templates (negatives and transparencies on film), printing templates in digitalized form (data on CD or similar items), over which we cannot assert a copyright, nevertheless remain our property unless they are invoiced to the customer in full.
We are not obliged to deliver transfers of lithographs and copies of master copies to the customer.
We do not assume any liability for external print templates, media, manuscripts and other objects, which have not been recalled by the customer within four weeks after fulfillment of the contract.
, which have been processed and produced by us, will only be invoiced proportionately (cost price).
If we deliver these print templates to the customer upon request, the difference to the usual market price will subsequently be invoiced.
If the manuscripts, originals, papers, stored printed matter or other items handed over to us are to be insured against theft, fire, water or any other hazard, the customer shall take out the insurance himself.
will be corrected at no cost to the customer; in contrast alterations to be made by us through no fault of our own as a result of illegibility of the manuscript or contrary to the print template, in particular corrections by the customer and author, will be invoiced according to the time spent on them. The respective current edition of the „Duden“ applies for spelling and grammar.
and press proofs shall be checked by the customer for errors in composing and other errors and returned to us with a clear statement in writing that they are ready for print.
At smaller printing orders and set manuscripts and/or lithographs provided by the customer, which are ready for printing, we are not obliged to provide the customer with a galley proof. We do not have to review lithographs and other print-ready printing documents (data on CD, disk, transmitted by ISDN and similar transfers) for errors. If the customer does not request the submittal of a galley proof, our liability for typesetting errors is limited to gross negligence. We are not responsible for the content and the correctness of your documents. We cannot assume any liability for consecutive damages due to the provision of incorrect data. If the customer requests changes after he has transmitted the release for print, all expenses incurred including the costs for the machine downtime will be at the customer’s expense.
In the case of colored reproductions in all printing processes, negligible deviations from the original do not constitute a justified reason for complaint. This especially applies to color proofs on wood-free art paper if the edition is printed on Chromo cardboard and if the edition is for less than 2,000 copies.
In general, the required full edition will be delivered. The customer is obliged to accept an excess or short delivery of the ordered edition of up to 5%. The percentage increases to 10% at multi-colored prints and at especially difficult prints.
We shall accept liability for justified claims at our choice either by subsequently curing the defect (rectification) or by delivery of new goods (new delivery). If we are not ready or able to rectify and/or if the rectification is delayed beyond appropriate periods, for reasons for which we are responsible or if the rectification fails in any other way, the customer is in principle entitled to demand the reduction of the purchase price, cancellation of the contract or damages in lieu of performance at his own choice. In the event of a minor infringement of the contract, in particular at marginal defects, the customer is not entitled to withdraw from the contract. We are entitled to have several attempts at repair, unless it would be unreasonable for the customer to accept this. Our liability is limited to the invoice value of the rejected goods. The aforementioned limitation does not apply in case that one can blame us for intent or gross negligence or in case that a loss of life, physical injury or impairment to health has been caused.
The warranty claims of the customer become time-barred one year after delivery of the goods. This does not apply insofar § 479 para. 1 German Civil Code (right of recourse) mandates longer terms. All limitations of the warranty do not apply if one can blame us for a fraudulent intent at the time the contract was concluded or if we have given a guarantee of the quality of the goods.
If the customer on his part is exposed to warranty claims regarding the goods purchased from us, his rights according to § 478 German Civil Code remain undisputed to the extent that we owe him a warranty according to the German Civil Code. Our liability for a compensation claim for damages in excess of expenditures is also insofar limited to the invoice amount of the rejected goods, unless we can be blamed with intent or gross negligence or in case that a loss of life, physical injury or impairment to health has been caused.
are also pre-produced for the following year within the year the order is placed.
Subsequent print changes can only be performed against invoicing of the costs incurred. Otherwise, the printed form of the previous year will serve as basis. The delivery will be performed according to the facts of the acknowledgement of order for the new year.
of printing plates of any kind is only performed upon prior agreement for the account and risk of the customer and requires a special reimbursement.
On principle, we do not assume any liability for further claims of the customer, in particular a claim for reimbursement of damages, which did not occur on the object of delivery itself. This does not apply if the damage was caused due to an intent or gross negligence, an event of death, physical injury or any health impairments attributable to us, or a breach of an essential contractual duty (cardinal obligation) by us.
Insofar as we are liable for contractual infringements on the merits of the case, our liability is limited – except for cases of gross negligence – to the direct average damage typically foreseeable under the contract for the type of goods concerned. At a slight negligence, the liability is limited to the amount of the value of the goods.
On principle, claims for damages become time-barred after a year, unless we have to assume liability due to intent.
The afore mentioned limitations of liability do not apply to claims of the customer resulting from product liability.
require a confirmation in writing in order to become binding.
For all claims and legal disputes arising from the contractual relationship, including legal proceedings regarding bills of exchange and legal documents is Bremen unless the customer is not also a registered merchant in terms of the German Commercial Code. German law applies.