Terms of Sale and Delivery
§ 1: Conclusion of contract
1) The following terms and conditions shall apply exclusively. Customer’s purchase terms, if deviating from or supplementing these terms and conditions, shall only apply to the extent they are acknowledged by the seller in writing. The present terms and conditions are applicable to all companies, legal entities under public law, and special funds under public law.
2) All offers are without commitment and net of VAT, and only become legally binding upon our written order confirmation.
3) Should the customer order goods by electronic means, we will confirm the receipt of the order without delay. An order confirmation shall not constitute a binding acceptance of the order. However, the order confirmation may be combined with the declaration of the acceptance of the order.
§ 2: Printed and/or design samples
Printed and/or design samples as may be provided by us shall be examined by the customer also in terms of all properties required and relevant to the intended use of the goods. The customer shall return sign and return the documents to signal his consent. Any necessary authorisations are to be clearly marked by the customer.
§ 3: Copyrights
1) The customer shall be responsible for compliance with the industrial property rights and copyrights regarding the equipment ordered by the customer. Unless otherwise agreed, the customer shall be obliged to examine all printing samples, drafts and finished samples for possible third-party copyrights, trademark rights, and other rights such as patents and utility models and inform us of the results. The seller will notify the customer if he becomes aware of any industrial property rights and copyrights owned by third parties.
2) The customer shall indemnify us from all third-party claims arising from the use or infringement of such rights, regardless of fault on the part of the customer.
3) Insofar as the customer has ordered us to apply the Green Dot to his sales packaging, he shall guarantee that a trade mark agreement is in place between him and Duales System Deutschland GmbH or the respective holder or rights, and that he will fulfil his system contribution obligations in accordance with the German Packaging Ordinance [Verpackungsverordnung]. Other entities such as FSC PEFC shall be subject to equivalent obligations.
4) All third-party printing material, manuscripts, and other objects as may be made available do not need to be retained beyond six months after delivery of the last order executed with such objects.
§ 4: Marking
We reserve the right to affix our corporate text or our company registration number to all types of deliveries in accordance with the appropriate practice or regulations and the given space, with due regard being given to the purpose of the contract.
§ 5: Execution, delivery, delivery times
1) For technical production reasons, the seller is entitled to deviate by up to 10% from the agreed order quantity and weight. Consignments of purpose-built items with a weight of less than 2,000 kg will entail an increased percentage of 15% on allowable over- and underdeliveries, and an increased percentage of 20% when the weight is below 1,000 kg. Invoicing will be based on the quantity actually delivered. This shall not be deemed to warrant a notice of defect.
2) The size of the cardboard box will be stated in mm of the internal dimensions, in the order – length x width x height. All indications of size are subject to a 1% tolerance, as is customary in the trade.
3) Prototypes will be crafted with the help of a plotter, differently from the production process. We reserve the right to minor deviations between such prototypes and consignments of machined goods.
4) Partial deliveries are permitted against payment of the incurred extra costs to the extent they are acceptable to the customer.
5) All printing plates, tools and other implements manufactured by or on behalf of the manufacturer shall remain the manufacturer’s property even if all or part of the manufacturing costs are invoiced and settled by the customer. All due invoices of these items are payable without deductions. The seller shall not be obliged to release these items to the customer. Printing plates and tools will be kept for two years to allow for the processing of possible follow-up orders.
6) Delivery periods shall be deemed to be approximate unless expressly agreed to in writing to be binding.
7) The delivery period shall begin on the date of order acceptance. In the event that the confirmed order is amended, the delivery period shall begin upon confirmation of such amendment.
§ 6: Palletisation
1) The seller shall maintain a pallet account on behalf of the customer which serves to document the pallets and cover panels in his possession.
2) The seller shall acknowledge the receipt of each pallet.
3) Every time palletised goods are delivered, the customer shall concurrently return as many equivalent pallets to the seller as were delivered to him.
4) Any pallets which are not returned at all or are returned in damaged condition will be brought to account.