General Terms and Conditions
the company "Carsten Stertz Medien"
Unless otherwise agreed, the following general business, payment and delivery conditions apply to the printing industry:
I. Scope / Conclusion of contract
Orders are executed exclusively on the basis of the following conditions. Deviating regulations require a written confirmation.
1. The prices quoted in the contractor's offer are subject to the proviso that the order data on which the offer is submitted remain unchanged, but no later than four months after receipt of the offer by the client. In the case of orders with delivery to third parties, the customer shall be deemed to be the principal, unless otherwise expressly agreed. The Contractor's prices do not include VAT. The prices of the contractor are ex works. They do not include packaging, freight, postage, insurance and other shipping costs.
2. Subsequent changes at the instigation of the client, including the resulting machine downtime, will be charged to the client. Subsequent changes also include repetitions of trial prints which are requested by the client due to minor deviation from the original.
3. Sketches, drafts, sample sets, proofs, proofs, changes in delivered / transferred data and similar preparatory work initiated by the client will be charged. The same applies to data transfers (eg via cloud service).
1. Payment must be made immediately upon receipt of the invoice without any deduction. Any cash discount agreement does not cover freight, postage, insurance or other shipping costs. The invoice will be issued under the day of delivery, partial delivery or readiness for delivery (debt, default of acceptance). Bills of exchange are only accepted after special agreement and on account of payment without discount. Interest and expenses are borne by the client. You are to be paid by the client immediately. The contractor is not liable for the timely submission, protest, notification and return of the bill of exchange in the event of non-payment, unless he or his vicarious agent is guilty of intent or gross negligence.
2. In the case of exceptional inputs, a reasonable advance payment may be required.
3. The customer can only set off an uncontested or legally established claim or exercise a right of retention.
4. If it becomes apparent after conclusion of the contract that the fulfillment of the claim for payment is jeopardized by the client's inability to perform, the contractor may demand advance payment, withhold goods not yet delivered and cease further work. The contractor is also entitled to these rights if the customer is in default of payment for deliveries based on the same legal relationship. § 321 II BGB remains unaffected.
5. In the event of late payment, default interest in the amount of 8% above the base interest rate is payable. The assertion of further damage caused by delay is not excluded hereby. If the client pays within 10 days after receipt of the invoice and delivery of the goods, the price including ancillary costs acc. Para. II ("Prices") not, he comes even without warning in default.
1. If the goods are to be shipped, the risk is transferred to the customer as soon as the shipment has been handed over to the person performing the transport.
2. Delivery dates are only valid if expressly confirmed by the contractor. If the contract is concluded in writing, the confirmation of the delivery date also requires the written form.
3. If the contractor delays the service, the client may exercise the rights under § 323 BGB only if the delay is attributable to the contractor. A change of the burden of proof is not connected with this regulation.
4. Operational disruptions - both in the operation of the contractor and in that of a supplier - such. For example, strikes, lockouts and all other cases of force majeure entitle the contract to terminate only if the customer can no longer be expected to wait any longer, otherwise the agreed delivery time will be extended by the duration of the delay. However, termination is possible at the earliest four weeks after the occurrence of the above-described malfunction. A liability of the contractor is excluded in these cases.
5. The contractor shall be entitled to a right of retention according to § 369 HGB (German Commercial Code) for printing and stamp templates, manuscripts, raw materials and other objects delivered by the client until all due claims from the business relationship have been settled in full.
6. The contractor shall take back packaging within the scope of the obligations imposed on him by the Packaging Ordinance. The client may return packaging at the contractor's premises during normal business hours upon prior notification in advance, unless he has been designated another acceptance / collection point. The packaging may also be returned to the contractor upon delivery, unless the customer has been designated another acceptance / collection point. Packaging will only be taken back immediately after delivery of the goods, with subsequent deliveries only after timely prior notification and provision. The cost of transporting the used packaging is borne by the client. If a named acceptance / collection point is further away than the operation of the contractor, the client shall only bear the transport costs that would be incurred for removal until the contractor's operation. The returned packaging must be clean, free of foreign matter and sorted according to different packaging. Otherwise, the contractor is entitled to demand from the client the additional costs incurred during disposal.
V. Retention of title
1. The delivered goods remain his property until complete payment of all claims of the contractor against the customer existing on the invoice date. The client is only entitled to resell in the ordinary course of business. The client hereby assigns his claims from the resale to the contractor. The contractor hereby accepts the assignment. At the latest in case of default, the client is obliged to name the debtor of the assigned claim. If the value of the collateral existing for the contractor exceeds its claim in total by more than 20%, the contractor is at the request of the principal or an affected by the over-security of the contractor. To this extent, third parties are obliged to release fuses according to the choice of the contractor.
2. The contractor is to be regarded as the manufacturer in accordance with § 950 BGB when processing or processing delivered by the contractor and shall retain ownership of the products at any time during the processing. If third parties are involved in the processing or processing, the contractor is limited to a co-ownership share amounting to the invoice value of the reserved goods. The thus acquired property is considered reserved property.
1. The customer must always check the contractual conformity of the goods and the preliminary and intermediate products sent for correction without delay. The risk of any errors is transferred to the client with the start of the print approval / production maturity declaration, insofar as these are not errors that were or could only be detected in the production process following the print approval / production maturity declaration. The same applies to all other release declarations by the client.
2. Obvious defects must be reported in writing within a period of one week from receipt of the goods, hidden defects within a period of one week from discovery; Otherwise the assertion of warranty claims is excluded.
3. In the case of justified complaints, the contractor is obliged and entitled to rectify and / or replace the goods at his own option. If the contractor does not comply with this obligation within a reasonable period of time or if the repair fails despite repeated attempts, the client may demand a reduction of the price (reduction) or cancellation of the contract (withdrawal).
4. Defects of a part of the delivered goods do not entitle to the complaint of the entire delivery, unless the partial delivery is of no interest to the client.
5. In the case of colored reproductions in all manufacturing processes, slight deviations from the original can not be objected to. The same applies to the comparison between other templates (eg digital proofs, proofs) and the final product. In addition, liability for defects that do not or only slightly affect the value or usability is excluded.
6. The contractor is liable for deviations in the quality of the material used only up to the value of the order.
7. Subcontracting (including data media, transmitted data) by the client or by a third party engaged by him or her is not subject to any examination obligation on the part of the contractor. This does not apply to obviously unworkable or unreadable data. In the case of data transmissions, the client has to use the most up-to-date technical protection programs for computer viruses before sending them. The data backup is the sole responsibility of the client. The contractor is entitled to make a copy.
8. Excess or short deliveries up to 10% of the ordered edition can not be objected to. Charged will be the amount sent. For deliveries of custom-made paper smaller than 1,000 kg, the percentage increases to 20%, below 2,000 kg to 15 %.
1. Claims for damages and reimbursement of expenses of the client, for whatever legal reason, are excluded.
2. This disclaimer does not apply
in the event of intentional or grossly negligent damage,
in case of slightly negligent breach of essential contractual obligations, also by legal representatives or vicarious agents of the contractor; insofar he is liable only for the type of product foreseeable, contract typical, immediate average damage,
in the event of culpable injury to the life, body or health of the client,
in the case of fraudulently concealed defects and assumed warranty for the condition of the goods,
for claims arising from the product liability law.
Claims of the customer for warranty and damages (paragraphs VI and VII.) Are subject to a limitation period of one year starting with the (delivery) delivery of the goods, with the exception of the claims for compensation mentioned in section VII. This does not apply if the contractor has acted fraudulently.
IX. Commercial usage
In commercial transactions, the commercial practices of the printing industry (eg no obligation to surrender intermediate products such as data, lithographs or printing plates, which are produced to produce the end product owed) shall apply unless a different order has been placed.
Products, in particular data and data carrier, which are due to the client are archived by the contractor only after express agreement and against special remuneration beyond the time of the handing over of the end product to the client or his vicarious agents. If the aforementioned objects are to be insured, then the client has to arrange this himself if there is no agreement.
XI. Periodic work
Contracts for regularly recurring work can be terminated with a notice period of at least 3 months to the end of a month.
XII. Industrial property rights / copyright
The client is solely liable if the execution of his contract violates the rights of third parties, in particular copyrights. The client must indemnify the contractor against all claims of third parties for such an infringement.
XIII. Place of fulfillment, jurisdiction, effectiveness
1. The place of fulfillment and place of jurisdiction, if the customer is a merchant, a legal entity under public law or special fund under public law or has no general place of jurisdiction in Germany, for all disputes arising from the contractual relationship, including checks, bill of exchange and documents, the registered office of the contractor. The contractual relationship is governed by German law. UN-Kaufrecht is excluded.
2. Any ineffectiveness of one or more provisions shall not affect the validity of the remaining provisions.