general terms and conditions

general terms and conditions

 

Universal

Our following conditions are valid exclusively. Preceding conditions lose their validity with the appearance of these conditions.

Customer conditions which differentiate from our terms do have no validity.

In case of contradicting meanings concerning conditions, the general terms of business are valid only in the respect to be favourable to the  other party.

To the rest, slide-positive right is valid (BGHZ 61, S.282; BGH BB 1974, S. 1136/1137).

 

Order acceptance

The order is a binding offer. It is accepted by us, if we confirm the order acceptance in writing or send or hand over the ordered product within the agreed delivery time.

 

Delivery times

The delivery times are directed after our price list. Become agreed delivery times not kept by our fault, the customer is entitled to an adequate extension to be placed. If we are not able to deliver within this of us as appropriately accepted extension,  the customer is entitled to withdraw from the contract. The customer is entitled of compensation only, if our delay of delivery was based on intention or coarse carelessness.

 

Payment conditions

Our payment conditions are to be paid within 7 days from calculation date with 2% discount or within 21 days purely net. We are entitled by legal conditions maturity interest to charge a rate of 5% from day of maturity (§§352, 353 HGB).

If the customer is behind with payment, we are entitled to charge interests on arrears at the rate of  five percent points additional to the base interest rate (§§286 Abs.1, 288 Abs. 1 Civil Code).

If we can prove a higher damage, we are entitled to claim the costs due to this damage.

Compensation rights are entitled to the customer only, if his counter claims are legally ascertained, indisputable or recognised by us.

New customers with first missions are asked to pay cash or with high speed train cheque.

On payments with credit card, we can grant no discount payment.

 

Guarantee

We work with the most modern manufacturing methods and tools.

Wishes concerning the colour scheme are strictly followed within the scope of the technically possible considers. In dealing with orders where no special wishes are placed, we choose the, in our view, right colour rendering.

If the customer is not satisfied with our choice, he is entitled to spare delivery. Complaints are only accepted within 6 days on receipt of the product under the entire return of the complained order together with all material and order documents to be recognised.

If we are not able to remove the lack of the order or the removal is delayed above adequate terms for reasons of which we have to represent, the customer is entitled to withdraw from the contract or of asking for a lowering of the purchase price.

Going out claims above that, in particular compensation claims including escaped profit or other property damages of the customer are excluded.

This restriction of liability is not valid, as far as damage is based on intention or coarse carelessness.

Such guarantee claims are also excluded if the damage was already based on the original documents which were given into our possession.

If the business of both parts is a commercial transaction, the customer has the duty according to §§377 following HGB to a  comprehensive investigation and a rebuke duty.

 

Retention of title

We own the property in the product up to the entrance of all payment from the contract before. If the customer's behaviour is contrary to the terms of agreement, we are entitled to take back the product.

We reserve all rights for processing, reorganisation or printing and require the joint ownership in the new product comparatively the value of the product, to other processed objects at the moment of processing.

If the thing of the customer is to be looked as a central issue, the customer has to transfer a joint ownership to us according to portion.

We oblige the customer as being entitled to securities from publishing companies, as the value of our securities exceed the demands to be protected about more than 20%.

 

Place of fulfilment and legal venue

For both parties, place of fulfilment is to be Einhausen.

For all immediately or indirectly arising disputes, court state for everybody from the contractual relationship will be Darmstadt, namely also complaints in the change or cheque process.

Legal venue arrangements are allowed after §38 ZPO, if the parties to a contract are either businessmen or legal entities of the publicly juridical special property.

For the rest, a court not responsible in itself  may become responsible in the process case only, if it comes to involvement without rebuke during the verbal negotiations.

 

Severability clause

If parts of these regulations have become ineffective, this does not touch the validity of the remaining regulations. Here the ineffective regulations are replaced by regulations which are juridical or economical more suitable.

 

Einhausen, in December 2008