Terms and Conditions B2B

General Terms and Conditions B2B

1. General

1.1 These terms and conditions apply unless the contracting parties have agreed otherwise in writing. Any deviating terms and conditions of the customer and any additions are only binding for us if they have been confirmed by us in writing.

1.2 By placing an order or accepting delivery, the customer accepts our terms and conditions of sale.

1.3 Our General Terms and Conditions apply exclusively to the contract; other conditions do not become part of the contract, even if we do not expressly object to them.

2. Prices and payment

2.1 Unless otherwise agreed, our prices are ex works, plus VAT.

2.2. We will invoice costs for packaging, freight and postage separately. Packaging will not be taken back.

2.3 Our offers are subject to change and are valid for a maximum of 3 months. We reserve the right to change confirmed prices and to agree new prices if the price-determining factors have changed significantly compared to those at the time of conclusion of the contract.

2.4 Our invoices are payable within 14 days net. Payment by cheque or bill of exchange is only deemed to have been made after it has been cashed. Discount and collection costs are borne by the customer. If the agreed payment deadline is not met, we will charge interest on arrears from the due date of 2% above the respective base interest rate of the Deutsche Bundesbank, without any special notice of default being required.

2.5 The customer may only offset our claims or assert a right of retention if the customer’s counterclaims are undisputed or if there is a legally binding enforcement title directed against us.

3. Orders

3.1 Orders are only deemed to be accepted when we have confirmed them in writing. The written order confirmation is decisive for the scope of delivery.

3.2 Over- or under-delivery of up to 10% of the ordered quantity is customary in the industry and does not entitle to complaints or refusal of acceptance

3.3 Special agreements must be made for framework agreements with call-off quotas. Quantities ordered on call will only be put into production after the customer has expressly specified a date.

3.4 However, the production material will be purchased for the entire quantity and will be invoiced if the order is cancelled and cannot be used for other purposes. 15 Full or partial cancellations and postponements of deadlines cannot be taken into account after production has started.

4. Right of reproduction

4.1 We reserve the right to reproduce designs that we have created.

4.2 We decline any investigation or responsibility for whether designs, data and templates delivered to us infringe existing copyright, trademarks or utility models filed with courts.

5. Proofs and approval samples

5.1 The assessment and approval of proofs, drawings and samples releases us from any liability for errors that have not been objected to.

5.2 No responsibility is accepted for errors in the order, in documents sent in or due to unclear or incomplete information.

6. Tools and equipment

6.1 Tools, devices and printing equipment are only charged at cost. They remain our property.

7. Delivery times

7.1 The delivery time is given to the best of our discretion and is non-binding.

7.2 If the manufacture or delivery of the ordered goods is made impossible or significantly more difficult for us due to circumstances for which we are not responsible, regardless of whether the circumstances occur in our factory or at our suppliers (e.g. force majeure, operational or production disruptions, fire, industrial disputes, late or incorrect delivery by our subcontractors, etc.), we are released from the obligation to deliver for the duration of the hindrance and its after-effects.

7.3 Claims for damages due to non-performance or late delivery are excluded.

7.4 If the customer does not accept all or part of the goods sold despite our setting a reasonable deadline, we are entitled to withdraw from the contract with regard to the part not accepted by means of a simple written notice and without legal intervention and to demand compensation from the customer for the damage suffered as a result of the non-fulfillment. The compensation shall be at least 100% of the sales price plus the costs incurred by us.

7.5 Exceeding the delivery time or late delivery does not entitle the customer to withdraw from the contract or to refuse acceptance.

8. Transfer of risk

8.1 All risk passes to the purchaser when the goods (or films, sketches, data) leave our factory. Details and information on the suitability and application of the goods do not release the purchaser from his own examinations and tests, in particular with regard to the suitability of the goods supplied for the processes and purposes intended by the purchaser.

9. Retention of title

9.1 All goods delivered remain our property until our claims from all deliveries have been fully settled, including any claims for damages. The goods may be resold or further processed in the normal course of business.

9.2. If the goods are resold before all of our purchase price claims have been met, the goods will be replaced by the purchaser's claim from the resale or, in the case of combination, mixing or processing, in the amount of the value of the goods delivered by us, without the need for an express sale. We must immediately notify the purchaser and instruct the third-party purchaser to make payment directly to us. If, contrary to this, the purchaser nevertheless receives payment for his claim from the third-party purchaser, he will accept this payment in trust in accordance with the breach of trust provision of the Criminal Code and is obliged to forward the incoming amount to us immediately.

9.3 The customer may not pledge the delivered goods or assign them as security. In the event of seizure, confiscation or other disposal by third parties, the customer must inform us immediately.

10. Warranty

10.1 The purchaser must report any defects immediately, in writing or by telex, within 14 days of receipt of the goods at the latest. Insignificant or small defects in material, surface or color, which are due to the nature of the manufacturing process, do not constitute grounds for complaint.

10.2 In the case of justified complaints submitted within the deadline, we are free to rework the goods delivered, deliver replacements or issue a credit note to the customer in accordance with the reduction in value of the goods. Any further claims by the customer of any kind are excluded. In particular, the customer has no right to cancel the purchase contract, reduce the agreed purchase price or claim compensation for any kind of damage, including loss of profit, which is directly attributable to the defects.

10.3 Our obligation to accept complaints shall cease to apply in the event of any further processing, even partial, of the delivered goods without our prior consent.

11. Resignation

11.1 We are entitled to withdraw from the contract in whole or in part if the customer is in default of acceptance or becomes insolvent, in particular if a court settlement or insolvency proceedings are opened against his assets.

11.2 In the event of withdrawal, the customer shall not be entitled to any claims for damages against us.

12. Place of performance and jurisdiction

12.1 Place of performance is Buchbach.

12.2 The place of jurisdiction for all disputes arising from or in connection with this contract is the local court responsible for Buchbach. This also applies to claims relating to checks or bills of exchange.

12.3 However, we are also entitled to bring the action before the domestic or foreign ordinary court having jurisdiction over the customer.

13. Applicable law

13.1 The contract is subject to German law.