1. Offers, contracts, agreements
- Our offers are subject to written confirmation. Contracts and agreements shall only become binding for us when we confirmed in writing. This is also valid for agreements that are made orally or in writing by our field staff. Not providing written refusal is not accepted as agreement.
- We expressly oppose the buyer’s business and purchase conditions. We are also not obligated by them, if we do not contradict them when the contract is concluded.
2. Terms of payment
- The prices that we have given are ex works, packing included. If a truck with elevating platform is necessary for delivery, we shall invoice the additional price.
- In case of supply on Euro paletts, the same quantity of pallets of medium kind and quality has reciprocally and simultaneously to be handed over. Missing quantities are to be substitued at the market price of brand-new Euro paletts.
- FFor order values of less than 130.00 €, without printing and additional costs, excluding VAT, we shall charge a processing flat rate of 12.50 €, excluding VAT.
- Unless otherwise agreed payments should be made within 30 days following the invoice date. For payments made with 8 days of the invoice date, the buyer is entitled to a 2% discount from the invoice value. If the goods do not reach the buyer within 4 days of the invoicing date, this period shall be extended by a further 4 days. Payment by transfer or cheque shall be only accepted after prior agreement. In this instance, the buyer is not entitled to a discount. The buyer is not entitled to a discount if he has not made payments for earlier deliveries. In the event that payment is made through third parties, in particular as part of the contingency reserves agreement, the goods are only considered to have been paid for when the payment has actually entered our accounts.
- The customer only has a right of retention or set-off rights, if their counter claims are expressly declared as undisputed or determined as being legally valid.
- If the customer is behind with payment, we reserve the right to charge interest and commission in accordance with the respective rates for short term loans, which shall be at least 8% over the respective discount rate of the German Central Bank.
- If the customer suspends his payments and if composition proceedings or bankruptcy proceedings are instigated, all of our requirements shall be due immediately, independent of the duration of any transfers that have been accepted. Outstanding deliveries shall only be carried out in these instances in exchange for advance payment or a deposit. In addition, after a period of grace has been set, we may withdraw from the contract or request compensation in the event of non-fulfilment.
3. Over shipment or under shipment
- We reserve the right of a variance of up to 10% of the quantity ordered for orders up to 2,500 over or under shipment and a variance of up to 7% for larger amounts.
4. Retention of title
- All goods delivered shall remain our property until all of the requirements that are incumbent on the customer have been fulfilled.
- The customer shall convey his requirements that result from the resale of goods subject to reservation of title to us. The customer is authorised to retract these requirements for us. This authorisation can be cancelled in the event of occurrence of the cases mentioned under 2. g).
- The buyer is obligated to inform us immediately about distraint or other interference by third parties.
- If the security that results from the retention of title rises above the security requirement by 20%, we are obligated to release securities of our choice, if this is requested by the buyer.
5. Delivery times
- If a time limit for delivery is agreed, it shall be extended by the amount of time by which the customer is delayed with his obligations resulting from this or any other agreement, not affecting our rights resulting from delay on behalf of the customer. This is correspondingly valid if a delivery date has been agreed.
- In the event of acts of God or errors that have not been caused by us in our own operation, the operation of our suppliers or in supply devices, we are authorised to extend delivery periods accordingly or to withdraw from the contract because of the sections that have not been fulfilled.
6. Transport of goods
- When dispatching the goods we may choose the means of conveyance and the dispatch route. We are only liable for deliberate acts and gross negligence.
- For delivery that has not been prepaid, the liability is transferred to the buyer when the goods are transferred to the haulier or freight carrier, at the latest, however, when the goods leave the factory or storage.
- The buyer shall check the goods thoroughly as soon as they are delivered.
7. Guarantee and liability
- In the event of obvious defects, the buyer shall give written notification of defects within 3 days of the goods reaching their destination.
- We are not liable for minor unavoidable technical deviations in quality, colour, weight and other characteristics of the goods. We shall take back any goods that we recognize as deficient and shall deliver defect free goods or replace the minimum value, as we choose. If subsequent improvement or replacement delivery should be unsuccessful, the buyer has the right to a reduction in the payment or, if they wish, to cancel the contract.
- More in depth claims made by the buyer resulting from the contract or offence are excluded, if we are not charged with gross negligence or intention. This exclusion of liability is not valid for damages that are caused by faults in a warranteed characteristic, if the same warranteed characteristic is supposed to eliminate the occurrence of damage, for claims resulting from non-delivery or delay in fixed date transactions and for claims based on product liability law.
- Returning the rejected goods is only permitted with our agreement. Freight costs shall be provided by the buyer. Refunds shall only be made if authorised notification of defects is provided.
8. Drafts, print documents and corrections
- Print documents that we have produced or that have been produced by the customer on the basis of our pictures, shall remain our physical and intellectual property. The product that we have supplied may not be copied or given to third parties for commercial reproduction or copying. Printing plates and films shall remain our property even if they have been invoiced and paid separately. Copying of documents that have been given to us shall be at the commissioner’s risk. We shall accept no responsibility for any damage to alien copyrights.
- Gallery proofs shall be checked by the client for errors and returned to us, having been declared as ready to print. We shall not be liable for errors that are not caused by us and those errors that the client overlooked in the proof that they declared to be ready to print. Changes made orally shall also be made in writing.
- Printing errors shall be corrected free of charge. However, necessary deviations from the printed pattern that occur through nobody’s fault shall be charged for. In the event of changes following print authorisation, all charges shall be paid by the client, including costs of machine downtime.
- All print documents shall be kept for up to three months at the longest after the order has been completed. If the documents are not claimed back within this period, we shall accept no responsibility for availability of documents if they are required later.
- Samples shall be charged and may not be returned.
- When the order is placed, the customer agrees that we or our customers may use production samples for advertising.
10. Place of performance, place of jurisdiction
- The place of performance is Kleve, Germany. For all litigations that result from the terms of business, Kleve is valid as the place of jurisdiction in business dealings with traders and also in exchange and cheque processes.
- For all deliveries, including those made abroad, German law is exclusively valid, excluding the United Nations Convention on Contracts for the International Sale of Goods.
- If our goods are exported by our customers in areas outside of the Federal Republic of Germany, we shall accept no liability if the trademark rights of third parties are injured by our products. The buyer is obligated to compensate for damages that are caused by the export of goods that we have not expressly supplied for export.
- If a provision in these conditions is legally ineffective or if a loophole should arise in these conditions, this shall not affect the validity of the other conditions.
The products we offer are only for commercial use. We do not sell to end consumers.