I. General – Scope

1. Our conditions of sale apply exclusively; We do not recognize any terms and conditions of the purchaser that conflict with or deviate from our terms and conditions of sale unless we have expressly agreed to their validity in writing. Our conditions of sale also apply if we carry out the delivery to the purchaser without reservation despite being aware of the purchaser's conditions that conflict with or deviate from our conditions of sale.
2. All agreements made between us and the customer for the purpose of executing this contract are set out in writing in this contract.

 II. Offer - Offer documents - Conclusion of contract

1. If the order qualifies as an offer in accordance with Section 145 of the German Civil Code (BGB), we can accept this within 2 weeks.

2. All our offers are subject to change. Declarations of acceptance and orders require our written confirmation to be legally valid. The information in the order confirmations regarding the scope of delivery, appearance, performance, dimensions and weights are to be viewed as approximate and do not represent guaranteed properties.

3. We, or our suppliers, reserve ownership rights and copyrights to illustrations, drawings, calculations, tools, printing documents, templates, samples and other documents, even if the costs for creating these documents and tools are passed on to the customer. This also applies to written documents that are designated as “confidential”. Before passing them on to third parties, the purchaser requires our express written consent.
4. The customer is solely responsible for print templates, films, clichés and other documents provided by the customer. A print release declared by the customer is binding. If the customer does not object to a proof sent within 3 days, it becomes binding.

5. The customer is liable for ensuring that the documents provided by him are free of third-party rights. By placing the order, the customer releases us from all claims made against us due to any legal violations. We are not obliged to accept orders or can withdraw from orders that involve a violation of third-party rights or that pose a risk of such violations.

6. We are entitled to make excess or short deliveries of up to 10% of the ordered goods. If you order smaller quantities than those stated in catalogs or advertising brochures, we reserve the right to charge a separate processing fee or a small quantity surcharge.

7. In the event of non-delivery or late delivery and in cases of force majeure, we are entitled to withdraw from the contract. In these cases there are no claims for compensation for the customer.

 

III. Prices - payment terms

1. Unless otherwise stated in the order confirmation, our prices apply “ex shipping point”, excluding packaging, freight, postage, insurance and other shipping costs; these will be invoiced separately.
2. Statutory VAT is not included in our prices; it will be shown separately in the invoice at the statutory rate on the day of invoicing.
3. The deduction of cash discounts requires a special written agreement.
4. Unless otherwise stated in the order confirmation, the net purchase price (without deductions) is due for payment within 30 days of the invoice date. The legal rules regarding the consequences of late payment apply.
5. The customer is only entitled to offsetting rights if his counterclaims have been legally established, are undisputed or have been recognized by us. In addition, he is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
6. We reserve the right to make deliveries to new customers dependent on advance payment. If deliveries or partial deliveries are not paid on time, we reserve the right to postpone delivery of current orders or new orders or to make them dependent on advance payment.
7. If the customer does not accept goods that have been properly ordered and ready for delivery even after setting a reasonable grace period, we are entitled, at our discretion, to demand fulfillment of the contract or to withdraw from the contract and claim damages for non-fulfillment in the amount of 25% of the order value (or above). . VAT). The customer is free to prove minor damage.
8. In the event of a change in customs duties, sales tax, exchange rates, freight costs, insurance premiums and other applicable charges that were not foreseeable when the order was placed, we are entitled to change the price in accordance with the change to the benefit and expense of the customer, without this giving rise to a right of withdrawal becomes.

 IV Delivery time

1. The start of the delivery time specified by us requires that all technical questions have been clarified. In particular, delivery dates only apply once we have received the complete documents, data and other services to be provided by the customer.
2. Compliance with our delivery obligation also requires the timely and proper fulfillment of the customer's obligation. The exception of the unfulfilled contract remains reserved.
3. If the customer defaults on acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for any damage we incur, including any additional expenses. Further claims remain reserved.
4. If the requirements of paragraph (3) are met, the risk of accidental loss or accidental deterioration of the purchased item passes to the purchaser at the point in time at which the purchaser defaults on acceptance or defaults on payment.
5. We are liable in accordance with the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible or due to a breach of essential contractual obligations; Any negligence on the part of our representatives or vicarious agents is to be attributed to us. Unless the delay in delivery is due to an intentional breach of contract for which we are responsible, our liability for damages is limited to the foreseeable, typically occurring damage.
6. Furthermore, in the event of a delay in delivery, we are liable for a flat rate compensation of a maximum of 15% of the delivery value.
7. Further legal claims and rights of the purchaser remain reserved.

 V Transfer of risk - packaging costs - shipping

1. Unless otherwise stated in the order confirmation, delivery is agreed “ex shipping point”.
2. If, at the customer's request, the goods are delivered to a location other than the seller's place of performance, the risk is transferred when the goods are handed over to the freight forwarder, freight carrier or other person designated to carry out the shipment.
3. If the customer requests it, we will cover the delivery with transport insurance; The purchaser bears the costs incurred in this regard.4. The customer is obliged to immediately check for packaging damage and whether the goods are free of defects.
4. We choose the shipping route and shipping method based on the best economic conditions, with no obligation to choose a cheaper shipping method. Special shipping methods must be communicated by the customer in writing.

 VI Liability for defects

1. The purchaser's claims for defects require that he has properly fulfilled his obligations to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). The deadline for complaints is a maximum of 3 working days after receipt of the goods. Any warranty is excluded for improper storage of the delivered goods by the customer.
2. The customer's claims for defects require that he has properly fulfilled his obligations to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). The deadline for complaints is a maximum of 3 working days after receipt of the goods. Any warranty is excluded for improper storage of the delivered goods by the customer.
3. We deliver the ordered goods in commercial quality. In the case of a purchase based on a sample, the previous sampling is decisive for the quality to be maintained. Reasonable changes resulting from technical innovation or further development and production are accepted by the customer as being in accordance with the contract.
4. If there is a defect in the purchased item, the purchaser is entitled, at his discretion, to supplementary performance in the form of remedying the defect or to deliver a new, defect-free item. In the event of remedying the defect, we are obliged to bear all expenses necessary for the purpose of remedying the defect, in particular transport, travel, labor and material costs, unless these are increased by the fact that the purchased item was brought to a location other than the place of performance.
5. If subsequent fulfillment fails, the purchaser is entitled, at his discretion, to demand withdrawal or a reduction in price. The return of rejected goods requires our prior consent.
6. We are liable in accordance with the statutory provisions if the customer asserts claims for damages that are based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Unless we are accused of an intentional breach of contract, liability for damages is limited to foreseeable, typically occurring damage.
7. We are liable in accordance with the statutory provisions if we culpably violate an essential contractual obligation; In this case, however, the liability for damages is limited to the foreseeable, typically occurring damage.
8. Liability for culpable injury to life, body or health remains unaffected; This also applies to mandatory liability under the Product Liability Act.
9. Unless otherwise stipulated above, liability is excluded.
10. The limitation period for claims for defects in commercial transactions is 12 months, calculated from the transfer of risk.
11. The limitation period in the event of a delivery recourse according to §§ 478, 479 BGB remains unaffected; it is five years, calculated from delivery of the defective item.

 

VII. Joint liability

1. Any further liability for damages than provided for in Section 6 is excluded - regardless of the legal nature of the asserted claim. This applies in particular to claims for damages arising from negligence when concluding the contract, due to other breaches of duty or due to tortious claims for compensation for property damage in accordance with Section 823 of the German Civil Code (BGB).
2. If liability for damages towards us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, employees, employees, representatives and vicarious agents.

 

VIII. Retention of title protection

1. We reserve ownership of the purchased item until all payments from the delivery contract have been received. If the purchaser behaves in violation of the contract, particularly in the event of late payment, we are entitled to take back the purchased item. If we take back the purchased item, this constitutes a withdrawal from the contract. After taking back the purchased item, we are authorized to sell it; the proceeds from the sale are to be offset against the customer's liabilities - less reasonable costs of realization.
2. In the event of seizures or other interventions by third parties, the purchaser must notify us immediately in writing so that we can file a lawsuit in accordance with Section 771 ZPO. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 ZPO, the purchaser is liable for the loss incurred by us.
3. The purchaser is entitled to resell the purchased item in the ordinary course of business; However, he now assigns to us all claims in the amount of the final invoice amount (including VAT) of our claim that arise from the resale against his customers or third parties, regardless of whether the purchased item was resold without or after processing . The customer remains authorized to collect this claim even after the assignment. Our authority to collect the claim itself remains unaffected. However, we undertake not to collect the claim as long as the purchaser meets his payment obligations from the proceeds collected, does not default on payment and, in particular, no application has been made to open bankruptcy or composition or insolvency proceedings or a suspension of payments has been made. However, if this is the case, we can demand that the purchaser inform us of the assigned claims and their debtors, provide all the information required for collection, hand over the associated documents and inform the debtors (third parties) of the assignment.
4. We undertake to release the securities to which we are entitled at the purchaser's request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%; We are responsible for selecting the securities to be released.

 

1. IX Miscellaneous
2. We and our suppliers are entitled to affix our company logo or company name to the goods delivered and to use the goods we deliver for commercial purposes, in particular for exhibition in our business premises and for depiction in catalogs and brochures of all kinds.
3. We are entitled to store the data that comes to our knowledge in connection with the transaction and to pass it on to the contractual partners we engage for processing.
4. Should a provision of these general terms and conditions be or become ineffective, this will not affect the validity of the remaining provisions or the underlying contract.

 

1. X Place of jurisdiction - place of performance
2. If the customer is a merchant, our place of business is the place of jurisdiction.
3. The law of the Federal Republic of Germany applies; the validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
4. Place of jurisdiction and place of performance is Nuremberg.