General Terms and Conditions of Delivery and Payment

Preliminary note

The following terms and conditions of delivery and payment supplement the applicable law and form the basis of the delivery and service contracts concluded with us.

Deviating provisions of the customer are only binding if they are agreed in writing by us.

1. Conclusion of contract

The delivery and service contract is concluded with the content of our written order confirmation.

2. Prices

(1) A binding price is generally determined in our written order confirmation and subject to the order data on which the order confirmation is based remaining unchanged. Our prices are ex works in US dollars plus the statutory value-added tax applicable at the time of delivery, unless otherwise stated.

(2) Packaging, postage, insurance, and other shipping costs are not included and will be invoiced additionally.

(3) Changes to the object of the work made at the request of the customer after the order has been confirmed will be charged to the customer.

(4) Design drawings, tools, samples, and similar preparatory work initiated by the customer shall also be charged if the order is not placed. In this respect, these terms and conditions shall apply even before the order is placed.

3. Delivery quantity, delivery period

(1) Production-related excess or short deliveries of up to 10% of the quantity ordered are permissible.

(2) We are entitled to make partial deliveries.

(3) The delivery times stated by us refer to the date of dispatch of the goods. They shall be deemed to have been met if the goods leave our factory on this date or the customer is notified that the goods are ready for delivery.

(4) The agreed delivery period shall always apply after clarification of all technical and commercial details.

In this respect, delivery periods are generally non-binding. Delivery dates are only binding if they have been confirmed in writing to the customer as binding.

(5) If the customer's action is required for the manufacture of the work or for the execution of the delivery, the delivery period shall not commence until the customer has completed this action.

(6) If the delivery period is exceeded, the customer shall grant a reasonable grace period of not less than three weeks.

(7) If the delivery period, including the reasonable grace period, is not met, we shall be liable exclusively for the invoice value of the quantity of goods not delivered on time, up to a maximum of the negative interest.

(8) Force majeure, operational disruptions, and similar unforeseeable circumstances beyond our control shall release us from compliance with the delivery periods for the duration of the operational disruption. In such cases, the customer shall not be entitled to withdraw from the contract and/or claim damages.

4. Warranty

(1) The warranty period is two years for newly manufactured items and one year for used, refurbished items. If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the warranty period is one year.

(2) The customer must inspect the goods for defects immediately upon delivery. Obvious defects must be reported to us in writing immediately, but at least within one week of receipt of the goods. If obvious defects are not reported, not reported in time or not reported in the proper form, the warranty shall lapse in this respect.

(3) Other defects must be reported to us within one week of becoming known.

(4) We shall only be liable for advertising statements or defects in the instructions for use to customers who are consumers.

(5) Minor defects that do not significantly impair the value, suitability, or usability of the work are excluded from the warranty.

(6) We are entitled to choose the form of subsequent performance. This means that we decide whether to remedy the defect or make a new delivery. If the subsequent performance fails, we are entitled to repeat the subsequent performance. In the event of repeated subsequent performance, we will also decide between a new delivery and the remedy of the defect.

(7) The customer shall only be entitled to withdraw from the contract and/or claim damages if the subsequent performance has repeatedly failed. Claims for damages shall only exist if we are guilty of gross negligence or intent. In any case, damages shall be limited to the negative interest. Damages for consequential damages caused by defects shall be excluded unless they are based on intent.
 

5. Breaches of duty

(1) Our liability for breaches of duty shall be limited to grossly negligent or intentional breaches of duty.

(2) We shall not be liable for breaches of duty resulting from work performed in accordance with drawings, print templates, or samples checked by the customer and approved by the customer as final documents.

We are not liable for the design and accuracy of the reproduced templates. However, we are obliged to inform the customer immediately of any technical impossibility of implementing the templates, insofar as this is apparent.

(3) In particular, when performing work in accordance with the customer's specifications, liability for the infringement of third-party property rights is excluded. We are not obliged to check third-party property rights.

6. Terms of payment

1) Unless otherwise agreed, all invoices issued by the contractor are due immediately and without deductions.

(2) If the payment deadline is exceeded, we shall be entitled to charge default interest at a rate of 5% above the base rate of the Deutsche Bundesbank and, if the customer is not a consumer, at a rate of 8% above the base rate of the Deutsche Bundesbank, whereby we shall be entitled to prove higher damages caused by the delay at any time.

(3) Bills of exchange shall not be accepted, checks shall only be accepted on account of performance and subject to credit.

(4) If the customer is in default of payment, we shall be entitled to refuse further performance of the contract. If there is a significant risk to the payment claim, we shall be entitled to demand advance payments or sufficient security.

If the customer refuses to make advance payments or provide security, we may withdraw from the contract and claim damages.

(5) Incoming payments shall, notwithstanding any provision to the contrary by the customer, first be used to settle costs, then interest and finally the principal claim; in the case of multiple claims, the oldest claim shall be settled first.

7. Retention of title, extended retention of title, right of disposal

(1) The delivered goods shall remain our property until all claims against the customer existing on the invoice date have been paid in full.

(2) In the event of processing or treatment of the goods subject to retention of title, we shall be entitled to (co-)ownership of the resulting item in the value of the goods subject to retention of title prior to processing or treatment.

The reserved goods may only be sold in the ordinary course of business of the customer. If the customer resells the reserved goods, it shall assign the claim against the purchaser to us at the time of sale. The customer shall oblige the purchaser to make payment directly to us within the scope of the payment obligation resulting from the resale. Exceptions to this require our prior written consent.

(3) Otherwise, dispositions of the reserved goods are not permitted, in particular transfer by way of security or pledging.

(4) If enforcement proceedings are instituted against the purchaser's assets and the goods subject to retention of title are affected, we must be notified immediately in writing, stating all necessary details (enforcement authority, file number) and, if applicable, enclosing enforcement reports.

(5) Items provided by us to the customer that are not part of the work performance as such (e.g., drafts, design drawings, tools, etc.) remain our property.

8. Place of performance and jurisdiction

(1) The place of performance is the registered office of our company.

(2) If the customer is an entrepreneur, a legal entity under public law or special property under public law, the place of jurisdiction shall be the registered office of our contractor.

9. Final provisions

The invalidity of individual provisions shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by an economically equivalent provision. All declarations affecting the validity of the contractual relationship must be made in writing. Any amendment to the written form requirement must also be made in writing.