General Terms and Conditions

§ 1 Scope of Application

These General Terms and Conditions of Business, Payment, and Delivery apply to all business relationships with entrepreneurs (§ 14 BGB), legal entities under public law, or special funds under public law. Corresponding orders will be executed exclusively on the basis of the following terms and conditions. Deviating terms and conditions shall not become part of the contract, even if we do not expressly object to them.

§ 2 Prices

1. Invoicing is based on the price list in effect on the date of delivery.

2. Subsequent changes to the order at the client’s request, including any resulting machine downtime (change request), will be billed separately. Subsequent changes include, in particular, changes to supplied data or comparable content.

3. Sketches, drafts, typesetting samples, test prints, final artwork, proofs, changes to data supplied or transmitted, and similar preparatory work initiated by the client are subject to a fee. The data required for plate production are intermediate products and remain our property in all cases, even if they have been billed to the client.

§ 3 Delivery, Transfer of Risk, Acceptance, Default of Acceptance

1. Delivery is made ex warehouse. The place of performance for delivery and any subsequent performance is our warehouse. At the customer’s request and expense, the goods will be shipped to another destination (sale by delivery). Unless otherwise agreed, we shall determine the method of shipment, the carrier, the shipping route, and the packaging.

2.  

   The risk of accidental loss or accidental deterioration of the goods passes to the customer no later than upon handover. In the case of a sale by delivery, the risk passes as soon as the goods are handed over to the forwarding agent, carrier, or any other person designated to carry out the shipment. If an acceptance is agreed upon, this acceptance determines the transfer of risk. The same applies if the Client is in default of acceptance.

§ 4 Retention of Title

The delivered goods remain our property until full payment of all principal and incidental claims has been made. In the event of a resale on credit, the resulting claim takes the place of the retention of title and is hereby assigned to us as security for our claims. If the realizable value of the collateral exceeds our claims by more than 10%, we will, upon request, release collateral of our choice.

§ 5 Client’s Duty to Cooperate

The Client must immediately review the proofs and interim proofs sent for correction with regard to text, color separation, codes, layout, and structure. Upon approval, responsibility for all identifiable errors passes to the Client, unless such errors arose or could have been detected only during the subsequent production process. This also applies to all other approvals granted by the Client.

§ 6 Client’s Claims for Defects

1. The warranty period is one year from delivery or acceptance. Excluded from this are claims for damages resulting from injury to life, limb, or health, as well as intentional or grossly negligent breaches of duty.

    

2. Delivered printing plates and other goods must be carefully inspected immediately upon receipt. Obvious defects must be reported in writing within four business days. Non-obvious defects must be reported in writing within seven business days of discovery. Upon request, the item subject to the complaint must be returned with shipping costs prepaid. In the event of a justified complaint, we will reimburse the costs of the most economical shipping method.

    

3. In the event of justified material defects, we shall, at our discretion, either repair the item or provide a replacement. If this fails or is unreasonable, the client may withdraw from the contract or reduce the purchase price.

    

4. If a defect is attributable to our fault, the provisions of § 7 shall apply in addition.

§ 7 Liability for Damages

1. Our liability for damages—regardless of the legal basis—is limited in accordance with this section.

    

2. In cases of simple negligence, we are liable only for breaches of material contractual obligations. Material contractual obligations include, in particular, timely delivery, freedom from legal defects, and material defects that significantly impair the item’s fitness for use.

    

3. To the extent that we are liable, such liability is limited to foreseeable damages typical for this type of contract.

    

4. In cases of simple negligence, our liability is limited to EUR 5 million for personal injury and property damage, and to EUR 1 million for financial losses per claim.

    

5. These limitations of liability also apply in favor of our legal representatives, employees, and vicarious agents.

    

6. Technical information or advice provided outside the agreed scope of services is provided free of charge and without any liability.

    

7. The foregoing limitations of liability do not apply in cases of willful misconduct, guaranteed characteristics, injury to life, limb, or health, or under the Product Liability Act.

§ 8 Delivery Time

1. Delivery times and dates are generally non-binding unless expressly agreed otherwise. For shipments, delivery dates refer to the time of handover to the shipping agent or carrier.

    

2. We assume no liability for delivery delays due to force majeure or other unforeseeable events for which we are not responsible. In such cases, delivery periods shall be extended accordingly. If the hindrance persists, we are entitled to withdraw from the contract. If acceptance of the goods thereby becomes unreasonable for the customer, the customer may also withdraw from the contract.

§ 9 Payment

1. Invoices are payable immediately upon receipt without any deductions. Agreed discounts do not apply to freight, postage, or shipping costs.

    

2. For exceptional services, a reasonable advance payment may be required.

§ 10 Final Provisions

1. The place of jurisdiction for all disputes is Pleidelsheim, to the extent permitted by law.

    

2. The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of international private law (EGBGB) and the UN Convention on Contracts for the International Sale of Goods (CISG).

    

3. Should individual provisions be invalid or should there be gaps in the contract, the legally permissible provisions that most closely correspond to the economic purpose of the contract shall be deemed to have been agreed upon.