Terms of service
General terms of delivery and payment
1. In the absence of other agreements, only the following terms and conditions shall be binding for all business relations with us. Purchasing regulations of our customers which conflict with the following terms and conditions shall only be binding for us if we expressly approve them in writing.
2. Our offers are subject to change unless special agreements are made in individual cases. Verbal agreements, in particular collateral agreements and promises by representatives, shall only be legally binding for us after written confirmation by us. In addition, only our order confirmations shall be binding. If an order confirmation has not been issued, the order notes or the terms and conditions already in place shall prevail. The assignment of claims against us shall only be effective with our written consent.
3. Information on delivery periods, prices, dimensional, weight and performance specifications, including in brochures and photocopies, are always only approximate and subject to change. Minor deviations in size, color, quality and other design customary in the trade shall not constitute grounds for complaint on the part of the Buyer, unless otherwise agreed. The price charged shall be the price valid on the day of delivery ex Steinheim warehouse. Due to production reasons, there may be over- or under-deliveries of printed products and thermoformed elements. The customer accepts over-deliveries of a maximum of 10 percent. For under-deliveries of more than 10 percent, the customer is entitled to demand a price reduction in the amount of the proportionate under-delivery, but no subsequent production.
4. We reserve the right to reject orders within 14 days of receipt. Verifiable and corrected errors in offers, order confirmations and invoices must be acknowledged. We reserve the right to withdraw from the contract at any time if we receive information about the contractual partner which casts doubt on his reliability and solvency. The other party shall not be entitled to claim damages.
5. We undertake to adhere to the non-binding delivery periods offered wherever possible. However, we shall not be liable for delays caused by force majeure, labor disputes, operational disruptions and the like, including at the supplier's premises, as well as delays caused without demonstrable fault on our part. They shall release us from the scheduled delivery deadlines; neither party shall be entitled to claim damages. In such cases, both parties shall be entitled to withdraw from the contract three months after the originally agreed delivery date has been exceeded. If in other cases we exceed the scheduled delivery date by more than 6 weeks, the other party may set us a grace period of 4 weeks for delivery. After the fruitless expiry of this period, he may withdraw from the contract. He can only demand compensation from us for non-performance or delay if he can prove that we deliberately promised delivery dates which could not be met or deliberately failed to meet bindingly promised dates. A delivery deadline shall be deemed to have been met if the other party has been notified in writing or by telephone in good time that the goods are ready for dispatch or collection and the goods are available at our premises. It shall commence when the contract comes into force, provided that the agreed terms of payment are complied with punctually. It shall commence anew if changes to the content of the contract are agreed at the request of the other party.
6. Shipment shall be at the expense and risk of the other party, even in the case of carriage paid delivery. Crates and cartons are charged at full value. In addition, a surcharge of 2% of the net value of the goods shall be levied for inner packaging, but this shall not apply to container, truck and wagon shipments. Crates will be credited with 1/3 of the invoiced value if returned carriage paid, postal and rail cartons will not be taken back. No compensation will be paid for any breakage occurring en route. However, we shall assume the risk of breakage by deducting 1% from the net value of the goods in such a way that we shall replace the broken parts free of charge in the event of proven breakage occurring en route if a railroad or postal certificate, the original consignment note and a legal transfer for the damage incurred are provided. If the transport insurance is deducted or if no transport insurance is charged at the request of the buyer, no free replacement for transport breakage will be provided.
7. If the buyer does not fulfill his obligation to accept the goods in due time, to fulfill agreed advance payments (payments or provision of securities), we shall be entitled to withdraw from the contract or to claim damages for non-performance including loss of profit in the amount of 15% of the purchase price without special proof, without prejudice to the possibility of claiming higher actual damages. Complaints must be made within one week of receipt of the goods. Complaints made later will not be considered. Complaints made in good time do not, however, entitle the customer to default on agreed payment obligations.
8. Invoices are due and payable immediately, unless otherwise agreed. After expiry of the due date, the usual bank interest or the higher interest and charges invoiced by the supplier shall be charged. Discount and bill charges shall be borne by the other party. Bills of exchange shall only be issued on account of performance. Checks shall be credited subject to receipt. Payments shall only be made directly to us. Other persons are only authorized to accept payment with our written authorization. Offsetting with counterclaims that have not been legally established or withholding of payments for any reason whatsoever on the part of the purchaser is excluded.
9. The entire remaining debt shall become due immediately in the case of credit purchases: a) if the other party suspends its payments or facts become known which must make the security of our claim appear doubtful (e.g. bankruptcy, composition, foreclosure, etc.), b) if the customer fails to meet its payment obligations, namely in the case of merchants: if it is more than 10 days in arrears with an installment, in the case of non-merchants: if it fails to pay two consecutive installments. ), b) if the customer does not meet his payment obligations, namely in the case of merchants: if he is more than 10 days in arrears with one installment, in the case of non-merchants: if he is in arrears with two consecutive installments in whole or in part and the overdue obligation amounts to at least 1/10 of the purchase price. c) if the buyer does not fulfill other essential obligations arising from this contract. Bills of exchange with later due dates shall then also become due immediately. If the entire remaining debt is not paid immediately, the buyer's right to use the purchased items shall expire. We shall be entitled to demand their immediate surrender to the exclusion of any right of retention and to realize the items by private sale to the best of our ability. All costs arising from the return and any restoration shall be borne by the buyer. The repossession shall not be deemed a withdrawal from the purchase contract. Rather, we can demand the remaining purchase price, but must allow ourselves to be credited with what we achieve for other use after deduction of all costs (including utilization costs, which amount to 15% of the sales proceeds without special proof). Any excess proceeds over the residual claim shall be paid to the buyer. The provisions of the Installment Purchase Act shall apply to installment transactions that are subject to the Installment Purchase Act.
10. All deliveries shall be made subject to retention of title in accordance with the following provisions: The goods shall remain our property until full payment of all our claims against the Buyer, including those arising in the future from the business relationship. In this respect, the entire business relationship shall be deemed a uniform contractual relationship. Any disposal of the object of purchase in favor of a third party is not permitted without our written consent for the duration of the retention of title. In the event that the goods subject to retention of title are processed into a new item, the processing shall be carried out by the purchaser on our behalf without any liabilities arising for us. The new item serves to secure our claim in the same way as the old item from which it was created. The same conditions regarding retention of title shall apply to resales. The reseller hereby assigns to us all claims arising from the resale to third parties, in particular for payment of the purchase price, until the purchase price has been paid in full, irrespective of whether the resale has been approved by us or not. The assignment shall be notified to the third party at our request. The reseller is obliged to enable us to assert the claims against the third party. If third parties seize the object of purchase or otherwise lay claim to it, the purchaser is obliged to inform us of this immediately by registered letter. He shall immediately take the necessary measures to prevent utilization by the third party. All costs incurred by us for intervention processes, replacement etc. shall be reimbursed by the buyer if we are unable to recover them from the third party. The agreed retention of title shall in any case exclude objections by the other party that it requires the object of purchase to maintain its business or trade. The buyer must maintain the items in proper condition for the duration of the retention of title.
11. The buyer shall bear the risk of loss and deterioration from the time of handover. In the case of sale by delivery to a place other than the place of performance, the risk shall pass to the buyer when the goods have been handed over to the company commissioned with the shipment or to the person commissioned by the buyer to collect the goods.
12. Warranty and liability We provide warranty at our discretion, even if the item has already been handed over, only through exchange or repair. We shall be granted at least two attempts at rectification. Warranty claims shall lapse if the delivered goods have been altered by work without our express prior consent. Warranty claims must be made immediately - i.e. without culpable delay - after the defect has been discovered. The buyer must send the defective goods to us. The costs of shipment shall be reimbursed if the item delivered by us is actually defective. If a defect-free item is sent to us with notification of an alleged defect and inspected by us, we shall claim reasonable compensation for this. Should the second attempt to rectify the defect also fail, the buyer may, at his discretion, demand a reduction in the remuneration or rescission of the contract. We shall not be liable for any further compensation for direct or indirect damage suffered by the buyer, irrespective of the legal grounds, unless the direct or indirect damage was caused by us intentionally or through gross negligence. these terms and conditions, which take precedence over the statutory provisions, for damage caused by slight negligence, our liability shall be limited, unless life, limb or health have been injured. In this case, a claim shall only exist in the event of a breach of material contractual obligations and shall be limited to the typical damage foreseeable at the time the contract was concluded. The personal liability of legal representatives, vicarious agents and employees for damages caused by them through slight negligence is excluded. If the buyer is a legal entity under public law, a special fund under public law or a merchant for whom the contract concluded with us is part of the operation of his commercial business, the aforementioned limitations of liability shall also apply to claims for damages due to non-performance; however, this shall only apply insofar as compensation for indirect or consequential damages is demanded, unless the liability is based on a warranty which is intended to protect the buyer against the risk of such damages. The liability remaining thereafter is also limited to the damage foreseeable at the time the contract was concluded.
13. Place of performance for the delivery is the place from which the shipment is made, for the payment Steinheim/Westf. place of jurisdiction without regard to the amount in dispute is the district court Brakel also for bill of exchange obligations even with other payment terms.
14. Should individual provisions of these terms and conditions be or become voidable or void, the legal validity of the remaining provisions shall remain unaffected.