(1) The following terms and conditions shall apply exclusively to the business relations with our customers and suppliers; terms and conditions of our customers or suppliers that deviate from or contradict these terms and conditions shall only be binding for us if we acknowledge them in writing.
2. verbal or telephone agreements are only binding for us after written confirmation.
Our offers are subject to change; they must be accepted within six weeks from the date of the offer. Acceptance of an offer can also be made by placing an order. However, a contract shall only be concluded upon order confirmation or execution of the order.
4. offsetting or retention by our customers is generally inadmissible.
Should any provision of these terms and conditions or any provision within the scope of other agreements be invalid, the validity of all other provisions or agreements shall not be affected thereby. Should our terms and conditions or parts thereof contradict the AGB law, they shall only apply to merchants.
6. delivery is made only 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 shall be exclusively in accordance with the legally permissible and contractually necessary conditions. With the knowledge of these terms and conditions, our customer is considered to be informed that data necessary for the mutual business relationship have been stored about him.
(8) The business relationship shall be governed by German law.
1. our prices are net prices; the statutory value added tax shall be charged separately at the applicable percentage rate.
2. in principle, the prices valid on the day the order is placed shall be charged plus taxes.
Our prices shall be understood free delivery warehouse or ex works, if no other pricing has been expressly agreed.
4. in the case of customer-specific custom-made products (special products and/or their printing), the costs for cutting tools, printing plates, etc. shall generally be borne by the customer.
5. with a net order value of less than € 500.- charge for the incurred shipping costs, over € 500.- net order value, the delivery is carriage paid.
III. terms of payment
1. our invoices are payable within 20 days net cash or within 10 days with 2% discount, irrespective of the receipt of goods and the right of possible notices of defects.
2. the term of payment runs in principle from the day of the dispatch provision.
3. the invoices shall additionally indicate the payment deadlines by which the invoice amount must be credited to one of our business accounts, possibly after deduction of discount. The date of crediting to our account shall be decisive for the timeliness of payment, not the submission of the payment voucher.
4. even if our customer's provisions are different, we shall be entitled to set off payments first against any costs and interest incurred, then against the older outstanding invoices.
5. if our customer is in default of payment, we shall be entitled to charge interest from the due date of our claim in the amount of the interest rate charged to us for open overdrafts.
6. if our customer does not meet his payment obligations or if we become aware of circumstances that may call his creditworthiness into question, we shall be entitled to declare the entire remaining debt due and/or additionally demand advance payment or the provision of security, in particular for orders that are still open.
7. in the aforementioned cases, we shall be entitled to withdraw in whole or in part from all contracts not yet fulfilled and to claim damages for non-performance.
IV. Retention of title
1. the delivered goods shall remain our property until all liabilities arising from our deliveries of goods, including any ancillary costs, have been met in full.
Our customer shall be entitled to process the goods subject to retention of title in the ordinary course of business, to combine them with other items and to sell them as long as he is not in default vis-à-vis us.
3. pledging or transfer of ownership by way of security shall be prohibited.
The customer hereby assigns to us his ownership or co-ownership rights to processed or mixed goods; at our request, he shall be obliged to disclose the assignment to the third parties involved and to provide the information and hand over the documents required to assert our claims.
The customer must inform us immediately of any seizure or any other impairment of our rights by third parties.
1. depending on the agreement, the delivery period is the probable day of loading or delivery of the ordered goods.
2. delayed 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 expiry of a grace period of at least eight weeks set by him. Further claims of the customer are excluded.
Partial deliveries shall be permissible and shall be deemed to be independent transactions.
(5) Unforeseeable hindrances and delays due to force majeure shall entitle us to a reasonable extension of the delivery period after the hindrance has ceased to exist, without our becoming 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, irrespective of whether they occur at the customer's or at our or our suppliers' premises, shall entitle us to adapt the contract in whole or in part to the changed circumstances to the exclusion of claims for compensation.
(1) Shipment shall always be at the risk and for the account of the customer; the risk shall pass to the customer when the goods are handed over to the carrier, but at the latest when the goods leave the supplying plant or the distribution warehouse.
2. in the absence of special instructions, we are entitled to choose the fastest and cheapest method of shipment ourselves at our best discretion without assuming any liability.
3. additional costs for special shipment (express or express goods, etc.) shall be borne by the customer.
4. if goods ready for dispatch are not called or collected immediately or if transport is temporarily or permanently impossible, the agreed purchase price shall nevertheless become due.
5. in the cases mentioned under 4. we are entitled to store the goods at the expense and risk of the customer at our own discretion, whereby liability for damaging influences (transport, weather, etc.) on the goods is excluded.
VII Warranty, Liability
The quality of the delivered goods depends decisively on the raw materials available; 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 liability 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 no later than after five working days; in the case of openly recognizable 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 a part of the delivery shall 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 a notice of defect in due time and in accordance with the contract, we shall, at our discretion, either replace the goods or credit the equivalent value; any further claims (damages, contractual penalties, etc.) shall be 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 only exist against us in the event of proven intentional or grossly negligent causation of damage and 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 claims and claims for damages 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 registered office in 93354 Siegenburg. The place of jurisdiction for all direct and indirect disputes arising from the contractual relationship shall be, at our discretion, the local or regional court in 18237 Regensburg, irrespective of the amount in dispute.