Terms and conditions

Article 1: Definitions
In these terms of delivery, the following terms have the following meanings: a. Client: the natural or legal person who has given the supplier instructions to manufacture goods or to carry out activities; b. Supplier: the natural or legal person who has accepted the order as referred to under a or who has made an offer or offer prior to a possible order; c. Information carriers: magnetic tapes and discs, optical discs and any other means intended for recording, processing, sending or multiplying or publishing texts, images or other data by means of equipment, all this in the broadest sense of the word.
 
Article 2: General
1. These delivery conditions apply to the formation, content, and performance of all agreements concluded between the client and the supplier. 2. General (purchasing) conditions of the client only apply if it has been expressly agreed in writing that these will apply to the agreement between the parties to the exclusion of these delivery conditions.
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Article 3: Quotations, offers
1. The mere submission of a quotation, budget, pre-calculation or similar notice, whether or not indicated with an offer, does not oblige the supplier to conclude an agreement with the client. 2. Offers from the supplier are always without obligation and can only be accepted without deviations. In any case, an offer is deemed to have been rejected if it is not accepted within one month. Offer is understood to mean a proposal made to the supplier to enter into an agreement, which is determined in such a way that an agreement is immediately created through its acceptance.
 
Article 4: Cancellation
1. The client is entitled to cancel an agreement before the supplier has started to execute the agreement, provided that he compensates for the damage caused to the supplier. This damage includes the losses and loss of profit suffered by the supplier and in any case the costs that the supplier has already incurred in the preparation, including those of reserved production capacity, purchased materials, invoked services and storage.
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Article 5: Price
1. All prices quoted are exclusive of turnover tax (VAT) and other levies imposed by the government. 2. The price that the supplier has stated for the performance to be performed by him applies exclusively to the performance in accordance with the agreed specifications. 3. In the case of composite offers, there is no obligation to deliver part of the total performance at the amount stated in the offer for this part or at a proportional part of the price stated for the whole. 4. If no price has been agreed between the parties outside of the provisions of the previous paragraph of this article, if a price has only been given as an estimate or if the agreed price can be changed under these general terms and conditions,
 
Article 6: Price changes 
1. The supplier is entitled to increase the agreed price if one or more of the following circumstances occur after the conclusion of the agreement: increase in the cost of materials, semi-finished products or services required for the execution of the agreement, increase in shipping costs, wages, employers’ social security contributions, costs related to other terms of employment, the introduction of new and increased existing government levies on raw materials, energy or residues, a significant change in exchange rates or, in general, circumstances related to this are comparable. 2. Extra laborious text, unclear copy, unclear sketches, drawings or models, faulty information carriers, faulty computer software or data files, inadequate manner of delivery of the materials or products to be supplied by the client and all similar supplies by the client that necessitate the supplier to perform more work or costs than these could reasonably expect when entering into the agreement, are grounds for increasing the agreed price. Extraordinary or reasonably unforeseeable processing difficulties arising from the nature of the materials and products to be processed are grounds for increasing the agreed price. 3. The supplier is entitled to increase the agreed price or to reduce the price if the client makes changes to the originally agreed specifications, including receipt of working drawings, models and typesetting, printing and other proofs.
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Article 7: Payment
1. Unless otherwise agreed, the client must pay the price and the other amounts due under the agreement before the client receives the purchase and the payment must be received in full by the supplier, regardless of the method of shipment. without being able to rely on any discount, set-off or suspension. 2. In the event of an agreed delivery in parts, after delivery of the first part, the supplier is entitled to request payment of the costs incurred for the entire delivery, such as typesetting, lithographs, and proofs, in addition to the payment of this part. 3. The client is at all times and regardless of the agreed payment conditions, obliged to provide security at the supplier’s first request for payment of the amounts to be paid to the supplier under the agreement. The security offered must be such that the claim with any interest and costs that fall on it is properly covered and that the supplier will be able to recover it without difficulty. Any security that subsequently became insufficient will have to be supplemented to sufficient security at the supplier’s first request. 4 If the client does not pay on time as referred to in paragraph 1 of this article, he will owe statutory interest on this amount due to the delay in payment of the amount owed by him from the invoice date. The supplier is authorized to charge a twelfth of this interest for each month or part of a month in which the client has not fully complied with its payment obligation. 5 In the event of late payment as referred to in paragraph 1 of this article, the client is, in addition to the amount owed and the interest due thereon, obliged to pay in full both extrajudicial and judicial collection costs, including the costs for lawyers, bailiffs and collection agencies. The extrajudicial costs are set at least 15% of the principal sum with interest, with a minimum of 100.00. in addition to the amount owed and the interest accrued thereon, the client is obliged to pay in full both extrajudicial and judicial collection costs, including the costs for lawyers, bailiffs and collection agencies. The extrajudicial costs are set at least 15% of the principal sum with interest, with a minimum of 100.00. in addition to the amount owed and the interest accrued thereon, the client is obliged to pay in full both extrajudicial and judicial collection costs, including the costs for lawyers, bailiffs and collection agencies. The extrajudicial costs are set at least 15% of the principal sum with interest, with a minimum of 100.00.
 
Article 8: Delivery method; retention of title
1. Unless otherwise agreed, delivery takes place at the place where the supplier carries on his business. 2. The supplier is not obliged to deliver the manufactured goods in parts. 3. The client is obliged to fully cooperate with the delivery of the goods to be delivered by the supplier under the agreement. The client will also be in default without being requested to do so if he does not collect the goods to be delivered from the supplier after the supplier’s first request or refuses to take delivery of the goods to be delivered if delivery has been agreed upon at his address. 4. Any delivery of goods by the supplier to the client is subject to its own until the client has paid all that it is obliged to pay under the agreement, including interest and costs. 5. If transport of the goods to be delivered has been agreed, this shall be for the account of the client, unless carriage-paid delivery has been agreed. The client always bears the risk during transport. Transport also includes the transmission of data via the telephone network and any comparable transmission using any technical means. The acceptance of goods by the supplier by the carrier is proof that they were in good condition unless the contrary is apparent from the consignment note or the receipt. 6. The supplier is not charged with storing the goods to be delivered unless this has been expressly agreed upon. If storage takes place, this will be at the expense and risk of the client.
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Article 9: Delivery period
1. A delivery period stated by the supplier, unless expressly stated in writing that it concerns a deadline, has only an indicative purpose. The supplier is also in default, even with an agreed deadline, after the client has given him notice of default. 2. The binding of the supplier to an agreed deadline of delivery lapses if the client wishes to change the specifications of the work or fails to comply with the provisions of paragraph 1 of article 12 of these conditions unless the minor significance of the change or the slight delay does not reasonably require the supplier to change the deployment of production capacity initially planned in time by him. 3. In the performance of the agreement by the supplier, the client is obliged to do everything that is reasonably necessary or desirable to enable timely delivery by the supplier, in particular by promptly answering questions from the supplier, the prevention of faulty deliveries as referred to in paragraph 2 of article 6 and by observing the provisions of paragraph 1 of article 12 and paragraphs 1 and 2 of article 18 of these delivery conditions. 4. In the event of non-compliance by the client with the provisions of the previous paragraph of this article and with the provisions of paragraph 3 of article 7, an agreed deadline for delivery is no longer binding and the client is in default without written notice of default by the supplier is required. The supplier is then, without prejudice to the rights under the law, entitled to suspend the fulfillment of the agreement until the client has rectified this omission. After that, the supplier will still execute the agreement within a reasonable term.
 
Article 10: Examination of delivery
1. The client is obliged to investigate expeditiously after delivery whether the supplier has properly complied with the agreement and is furthermore obliged to immediately inform the supplier in writing as soon as the contrary is apparent to him. The client must do the aforementioned investigation and the relevant notification within 7 days after delivery. 2. The supplier is always entitled to replace a new defective performance with a previous defective performance unless the default cannot be repaired. 3. The fulfillment of the agreement is considered to be sound between the parties if the client has failed to investigate or notify the notification referred to in paragraph 1 of this article in time. 4. If the period of 7 days referred to in the first paragraph of this article must also be regarded as unacceptably short for a careful and alert client in accordance with the standards of reasonableness and fairness, this period will be extended until the first moment at which the investigation or the informing the supplier is reasonably possible for the client. 5. The performance of the supplier shall, in any case, be considered to be sound between the parties if the client has taken the delivered goods or a part of the delivered goods into use, processed or processed them, delivered them to third parties or commissioned them. have them processed or processed or have them delivered to third parties unless the client has observed the provisions of the first paragraph of this article.
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Article 11: Content and amendment of the agreement
The client bears the risk of misunderstandings with regard to the content and performance of the agreement if this is caused by specifications not received, incorrect, late or incomplete, or other statements received orally or were made or transferred by a person designated by the client by any technical means such as telephone, fax, e-mail, and similar transmission media.
 
Article 12: Typesetting, printing or other proofs
1. The client is obliged to carefully examine the typesetting, printing or other proofs, whether or not received at the supplier’s request, for errors and defects and to do so expeditiously, returned corrected or approved to the supplier. 2. Approval of the tests by the client is acknowledged that the supplier has correctly performed the work prior to the tests.
 
Article 13: Copyrights etc.
1. The client warrants to the supplier that, by complying with the agreement and in particular by duplicating or publishing the items received from the client, such as copy, type, models, drawings, photographic images, lithographs, films, information carriers, computer software, data files, etc., does not infringe any rights that third parties may assert under the Copyright Act 1912 or other national, supranational or international regulations in the field of copyright or industrial property law or the law with regard to the tort. The client indemnifies the supplier, both in and out of court, against all claims that third parties can assert under the aforementioned law or regulation. 2. If there is or remains doubtful as to the correctness of the rights claimed by third parties as referred to in paragraph 1 of this article, the supplier is authorized but not obliged to suspend the fulfillment of the agreement until the moment at which irrevocable legal proceedings are brought. to establish that the supplier does not infringe on these rights by complying with the agreement. After that, the supplier will still execute the order within a reasonable period of time. 3. Unless expressly agreed otherwise in writing, the supplier always remains the right holder of the copyright that may arise on the works he has produced in the fulfillment of the agreement, such as copy, typesetting, design drawings, models, working and detail drawings, information carriers, computer software, data files, photographic recordings, lithographs, films, and similar production and auxiliary materials, even if the work concerned is stated as a separate item in the offer or on the invoice.
4. The goods to be delivered or delivered by the supplier according to its design, such as copy, type, design drawings, models, working and detail drawings, information carriers, computer software, data files, photographic recordings, lithographs, films, and similar production and auxiliary materials, nor part of the essential part of that design, even if or insofar as the design in this respect is not subject to copyright or other legal protection for the supplier, may not be reproduced in the context of any production process without his written permission. 5. After delivery by the supplier, the client acquires the non-exclusive right to use the works produced by the supplier under the agreement within the meaning of the Copyright Act 1912 or of works within the meaning of paragraph 4 of this article. The aforementioned right to use is limited to the right of the normal use of the delivered goods and in particular, does not include the use to multiply these goods in the context of any production process.
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Article 14: Ownership of means of production, etc.
1. All goods manufactured by the supplier, such as means of production, semi-finished products, and auxiliary materials, in particular typesetting, design drawings, models, working and detailed drawings, information carriers, computer software, data files, photographic images, lithographs, printing blocks, films, micro, and macro assemblies, printing plates, screen printing molds, gravure cylinders, molds, cutting dies and molds, (foil) embossing molds, stamping plates and peripheral equipment, remain the property of the supplier, even if these are stated as a separate item on the quotation, offer or invoice. 2. The supplier is not obliged to hand over the items referred to in paragraph 1 to the client. 3. The supplier is not obliged to keep the items referred to in the first paragraph of this article for the client.
 
Article 15: Client’s ownership, right of pledge
1. The supplier will keep the goods entrusted to him by the client in the context of the fulfillment of the agreement with the care of a good custodian. 2. Without prejudice to the provisions of the previous paragraph of this article, the client will bear all risks with regard to the items referred to in paragraph 1 during storage. If desired, the client must take out insurance for this risk. 3. The client is obliged to ensure that a duplicate of these items is made prior to the provision to the supplier of copy, a drawing, design, photographic recording or information carrier. The client must keep it in case the delivered goods are lost by the supplier during storage or become unusable due to damage. In that case, the client must provide the supplier with a new copy upon request against payment of material costs. 4. The client grants the supplier a right of pledge on all matters that are brought into the supplier’s control by him in the context of the fulfillment of the agreement with the supplier, this as additional security of all that the client in which capacity and from which may also be due to the supplier, including non-due and contingent debts.
 
Article 16: Materials and products supplied by the client
1. If the client has agreed with the supplier that the client will supply materials or products for printing or processing, he must ensure this delivery in a manner that is considered timely and reliable for the purpose of normal planned production. The client will request instructions from the supplier for this. 2. In addition to the material or products required for the agreed performance, the client is also obliged to supply a reasonable quantity for testing, waste, etc. for the processing concerned. The client will request the supplier’s statement for this. The client guarantees that the supplier will receive a sufficient quantity. Confirmation of receipt of the material or products by the supplier does not imply a recognition that a sufficient quantity or the quantity specified on the transport documents has been received. 3. The supplier is not obliged to examine the goods received from the client prior to printing or processing for suitability. 4. The supplier cannot be held liable for falling short in the fulfillment of the agreement if this is caused by extraordinary processing difficulties that cannot reasonably be foreseen for the supplier, arising from the nature of the materials or products supplied by the client, and no more than that. is a result of deviations between the sample initially shown to the supplier and the materials or products later supplied by the client for the print run. 5. The supplier does not guarantee properties such as shelf life, adhesion, gloss, color, light or color fastness or abrasion resistance if the client has not provided the properties and nature of the materials or products supplied by him at the latest when entering into the agreement and has not provided reliable information about the pre-treatments applied and the surface treatments applied. 6. Unless expressly agreed otherwise, the supplier cannot be held liable for the release, sticking, blemishes, changes in gloss or color, nor for damage to material received by it from the client and to be printed or processed by it and products such as these have been pre-treated, such as by applying lacquer, varnish or anti-blemish powder. 7. The client is obliged to point out special difficulties or health risks to the supplier during the printing or processing of the materials and products supplied by him. 8. The supplier is entitled to dispose of the remains such as cutting waste, etc., of the materials and products supplied by the client as if they were his property. At the request of the supplier, the client is obliged to collect the unused materials and products as well as the aforementioned residues from the supplier.
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Article 17: Force majeure
1. Shortcomings of the supplier in the fulfillment of the agreement cannot be attributed to him if they are not due to his fault, nor are he responsible according to the law, the agreement or prevailing views. 2. Shortcomings of the supplier in the fulfillment of the agreement as a result of war, mobilization, disturbances, flooding, closed shipping, other obstacles in transport, stagnation in, or restriction of, or discontinuation of the supply by public utilities, lack of coal, gas, petroleum products, or other means of power generation, fire, machinery breakdowns, and other accidents, strikes, exclusions, trade unions, export restrictions, other government measures, non-supply of necessary materials and semi-finished products by third parties,
 
Article 18: Liability
1. The liability of the supplier under the agreement with the client is limited to such an amount that, in accordance with standards of reasonableness and fairness, is proportional to the agreed price. 2. The supplier is not liable for damage of any kind that arises because or after the client has taken the manufactured goods into use after processing, processed or processed them, delivered them to third parties, or commissioned them, or had them processed or processor has delivered to third parties. 3. The supplier is furthermore not liable for damage in the form of loss of turnover or reduced goodwill in the company or the profession of the client. 4. The supplier is also not liable for damage to material or products received by him from the client and to be printed, processed or processed by the supplier if the client has not provided the supplier with the properties at the latest when entering into the agreement. and has provided the nature of these materials or products and adequate information about the pre-treatments applied and the surface treatments applied. 5. If the supplier is held liable by a third party for any damage, for which he is not liable under the agreement with the client or these delivery conditions, the client will fully indemnify him in this respect and reimburse the supplier for everything that he serves to this third party. comply. material or products to be processed or processed, if the client has not provided the supplier with a statement of the properties and the nature of these materials or products at the time of entering into the agreement and has provided sound information about the pre-processing applied and the applied surface treatments. 5. If the supplier is held liable by a third party for any damage, for which he is not liable under the agreement with the client or these delivery conditions, the client will fully indemnify him in this respect and reimburse the supplier for everything that he serves to this third party. comply. material or products to be processed or processed, if the client has not provided the supplier with a statement of the properties and the nature of these materials or products at the time of entering into the agreement and has provided sound information about the pre-processing applied and the applied surface treatments. 5. If the supplier is held liable by a third party for any damage, for which he is not liable under the agreement with the client or these delivery conditions, the client will fully indemnify him in this respect and reimburse the supplier for everything that he serves to this third party. comply. if the client has not provided the supplier with a statement of the properties and nature of these materials or products at the latest when entering into the agreement and has provided sound information about the pre-treatments applied and the surface treatments applied. 5. If the supplier is held liable by a third party for any damage, for which he is not liable under the agreement with the client or these delivery conditions, the client will fully indemnify him in this respect and reimburse the supplier for everything that he serves to this third party. comply. if the client has not provided the supplier with a statement of the properties and nature of these materials or products at the latest when entering into the agreement and has provided sound information about the pre-treatments applied and the surface treatments applied. 5. If the supplier is held liable by a third party for any damage, for which he is not liable under the agreement with the client or these delivery conditions, the client will fully indemnify him in this respect and reimburse the supplier for everything that he serves to this third party. comply.
 
Article 19: Applicable law
Any dispute arising under or in connection with these Conditions and any Contract shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.