OurTermsand Conditions

1 General information
The following General Terms and Conditions apply to all contracts concluded with us, unless otherwise expressly agreed on. Deviating terms and conditions of the purchaser or customer which we have not accepted in writing are not binding on us, even if we do not expressly object to them.

2 Offers and Prices
a) Our offers are subject to change without notice. The prices quoted are net prices in Euro plus VAT. In the absence of any special agreement, they shall apply ex works.
b) The contract is only concluded by our written order confirmation. Subsequent changes to the order - caused by the customer - require our written confirmation and entitle us to amend the terms of the contract accordingly.
c) Sketches, drafts and other preliminary work ordered by the customer will be invoiced even if subsequently no order is not placed.

3 Execution
a) The customer shall check the printing and/or execution documents submitted to him by us with regard to all properties essential and required for the use of the packaging. He shall sign and return the documents. If corrections are necessary, these are to be clearly marked. We shall not be liable for recognizable defects which the customer has overlooked or failed to complain about during the inspection, unless we have fraudulently concealed these defects.
b) In principle, we are entitled to make production-related excess or short deliveries of up to 5%. In the case of deliveries of less than 500 kg or particularly difficult designs, higher tolerances of up to a maximum of 10% shall be permissible in the absence of deviating agreements.
c) The execution of the order shall be carried out in accordance with the general state of art within the scope of the technically necessary material- and process-related tolerances in quality customary in the trade, unless specific execution standards have been agreed upon with the customer in individual cases.
d) The fulfilment of an agreed delivery time presupposes the punctual fulfilment of the customer's obligations (e.g. provision of printing documents, approval of execution templates, etc.). If, after confirmation of the order, the customer requests changes to the order which affect the production time, a new delivery period shall commence upon confirmation of the change.

4 Dispatch and packaging
a) Shipment shall be at the risk and, unless otherwise agreed, on the account of the client. The risk shall pass to the customer upon delivery to the carrier.
b) Pallets, cover boards, wooden crates and other loaned packaging remain our property. They must be returned within a reasonable period in perfect condition and, unless otherwise agreed, free of freight charges.

5 Acceptance
Acceptance shall take place in accordance with the contractual agreements. The customer shall be in default of acceptance immediately after the goods have been made available in accordance with the contract if he does not take delivery of the goods. In this case, the risk of accidental loss or accidental deterioration of the goods shall also pass to the customer. With the commencement of the default of acceptance, the following time limits for the duties of inspection and notification of defects shall also commence. The risk of loss and damage, in particular the suitability of the packaging, shall pass to the customer at the latest 6 months after the agreed first delivery date. Orders on call are limited to 1/2 year after the first agreed partial delivery. The remaining quantity shall be invoiced and dispatched at the end of the period. For call-off orders that are stored with us for longer than 1/2 year, we will charge a monthly storage fee of EUR 5.00 per pallet.

6. Duty to examine and notification of defects
If the buyer is a legal person under public law, a special fund under public law or an entrepreneur who, when concluding the contract, acts in the exercise of his commercial or independent professional activity, he shall examine the goods immediately after receipt in accordance with § 377 HGB (German Commercial Code). The examination shall extend to all characteristics which are essential and necessary for the use of the packaging. The customer's obligation to inspect the delivered goods also exists if samples have been sent. Complaints may only be made within two weeks after receiving the goods. Hidden defects which cannot be found after immediate examination must be reported to us in writing immediately after discovery. Defects in a part of the delivery shall not give rise to a complaint in respect of the entire delivery if it is possible to separate the faultless parts from the defective parts by reasonable means.

7. Payment
a) The invoice shall be issued at the earliest upon dispatch of the goods or at the point in time at which the customer is in default of acceptance. Payment shall be made within 30 days of the invoice date or within 14 days with 2% discount. We point out to the legal consequences of default of payment in accordance with §§ 286 ff BGB, the German Civil Code.
b) Bills of exchange and cheques shall only be accepted by special agreement and as conditional payment. The customer will have to cover the discount and exchange charges as well as all other costs. Acceptance may be refused if there are reasonable doubts as to the coverage of the cheque.
c) If the customer defaults on payment, all our claims shall become due immediately. The same shall apply in the case of payment by instalments in the event of default on at least two instalments, in the event of an application for the opening of insolvency proceedings and in the event of impending insolvency and over-indebtedness. In these cases we are entitled to refuse performance and to withdraw from the contract and/or to claim damages. This does not apply if the purchaser provides sufficient security or makes a payment in advance. It is not necessary to set a time limit. The same applies if the customer has already been in arrears with payment in previous business relationships and has only paid late after a reminder.

8. Retention of title
a) Until full payment of all our claims arising from all business relations with the customer, the delivered goods shall remain our property. If payment by the customer gives rise to an exchange liability on our part, the retention of title shall not expire before the customer has redeemed the exchange.
b) The customer is entitled to dispose of our reserved goods. Our rights from the retention of title are to be observed; in particular, he may not agree any prohibitions of assignment with his customers. The customer is prohibited from pledging or assigning the goods as security as long as they are in our ownership or co-ownership. The customer shall notify us immediately of any seizure or other impairment of our rights by third parties.
c) If the customer sells the goods delivered by us, the claims arising from the delivery of goods until the complete settlement of all claims shall be subject to a 30% security surcharge. 30% security surcharge, the customer's claims against his customers arising from the sale, together with all ancillary rights, shall be assigned to us.
d) If the goods are inseparably mixed with other objects not belonging to us or inseparably connected with other movable objects, we shall acquire co-ownership of the new object in the ratio of the value of the goods to the other mixed or connected objects at the time of mixing or connection. The customer shall keep the co-ownership for us. If a new movable item is produced by the customer through processing or transformation, it is agreed that we acquire co-ownership of the new item in addition to the customer until full payment of the purchase price.
e) We shall also be entitled to exercise a right of retention pursuant to § 273 of the German Civil Code (BGB) with respect to the customer's claim for delivery of stored goods if these have already been paid for in full but there are still outstanding amounts from other contractual relationships between us and the customer. This shall in principle apply until full payment of all amounts due in the business relationship.

9. Warranty and liability
a) The customer's claims for material defects shall become statute-barred within one year of delivery of the purchased item. In the case of consumers with whom a purchase contract has been concluded, the statutory limitation period of 2 years shall apply.
b) In the event of justified complaints, we shall, at our discretion, remedy the defect or supply a replacement. A reasonable period of time shall be granted for the rectification of defects. If repair or replacement is not possible, fails or requires disproportionate effort, only a reduction of the purchase price may be demanded after installation of the goods. The effort is disproportionate if the cost of the remedy exceeds the value of the faultless goods. We will notify you in advance if we refuse to remedy the defect for this reason. This does not apply to any consumer good purchases.
c) If it is not possible for us to repair or replace the goods or to do so in a timely manner, the customer may, at his option, demand an appropriate reduction in the purchase price or, after setting a time limit of at least 2 weeks, rescind the contract.
d) Liability for damages resulting from injury to life and limb or health is excluded unless these are based on a negligent breach of duty by the user or a legal representative or vicarious agent of the user. Liability for other damages is excluded unless they are based on a grossly negligent breach of duty by the user or on a deliberate or grossly negligent breach of duty by a legal representative or vicarious agent of the user.
e) In the event of delay in delivery or non-performance or poor performance of the contract, the customer shall be entitled to the statutory claims, but claims for damages shall be excluded unless we can be charged with intentional or grossly negligent conduct - including that of our legal representative or one of our vicarious agents.

10 Copyright
a) The client is responsible for checking the right of reproduction and copyright of all artwork, drafts and finished samples, unless he has expressly instructed us to do so. The copyright and the right to reproduce our own sketches, drafts, etc. shall remain with us. Lithographs, printing plates, copy templates, clichés, matrices, embossing plates, punching tools and contours, printing cylinders, etc. shall remain our property, even if they are invoiced in full or in part. There is no obligation to surrender them - including duplicates. We shall only be obliged to retain printing documents, manuscripts, etc. provided by third parties for a period of 6 months after delivery of the last order produced with these items.
b) We reserve the right to affix our company text, company logo or company identification number to deliveries of all kinds in accordance with the relevant practices and regulations and the space available.

11 Place of fulfilment and jurisdiction
The place of fulfilment for delivery and payment is the registered office of the contractor. Insofar as the requirements of § 38 ZPO are met, the place of jurisdiction shall be Viersen.

11. final provisions
a) Amendments to the contract or its cancellation must be made in writing to become effective.
b) Should parts of these terms and conditions be or become ineffective, the remaining agreements shall nevertheless remain effective.

Status: 04/2014