GENERAL TERMS & CONDITIONS

1. All deliveries and services provided by us shall be governed exclusively by these General Terms and Conditions of Sale and Delivery, unless otherwise agreed individually in writing. They shall apply only vis-à-vis entrepreneurs, legal entities under public law, or special funds under public law.
2. We do not recognize any terms and conditions of the customer that conflict with or deviate from these General Terms and Conditions of Sale and Delivery unless we have expressly agreed to their validity in writing. These General Terms and Conditions shall also apply if we carry out deliveries and services to the customer without reservation while being aware of conflicting or deviating terms and conditions of the customer.

1. Our offers are subject to change and non-binding unless expressly designated as binding offers.
2. We reserve ownership rights and copyrights to illustrations, descriptions, samples, quotations, drawings, and similar information, whether in physical or electronic form. Such materials may not be made accessible to third parties without our consent.
3. Orders shall only become binding upon us once confirmed in writing. Our written order confirmation shall be decisive for the content of the contract. If the customer objects to the contents of the order confirmation, such objection must be made immediately. Otherwise, the contract shall be concluded in accordance with the order confirmation.

1. Price quotations shall become binding only upon confirmation of the order by the contractor. The prices stated in the contractor’s quotation are subject to the condition that the underlying order data used for the quotation remain unchanged, and shall be valid for a maximum period of four months after receipt of the quotation by the customer. In the case of orders with delivery to third parties, the party placing the order shall be deemed the customer unless expressly agreed otherwise. The contractor’s prices do not include value-added tax (VAT). The prices are quoted ex works (EXW). They do not include packaging, freight, postage, insurance, or any other shipping costs.
2. Subsequent changes requested by the customer, including any resulting machine downtime, shall be charged to the customer. Subsequent changes shall also include repeat proof prints requested by the customer due to minor deviations from the submitted original.
3. Sketches, drafts, sample typesetting, proof prints, correction proofs, modifications of supplied or transmitted data, and similar preliminary work requested by the customer shall be charged. The same applies to data transmission (e.g. via ISDN).

1. Payment (net price plus VAT) shall be made within 30 calendar days from the invoice date without deduction.Invoices shall be issued on the date of delivery, partial delivery, or readiness for delivery (obligation to collect goods / default of acceptance).Bills of exchange shall only be accepted by special agreement and solely on account of payment without discount. Discount charges and expenses shall be borne by the customer and are payable immediately.The contractor shall not be liable for timely presentation, protest, notification, or return of the bill of exchange in the event of non-payment unless intentional misconduct or gross negligence by the contractor or its vicarious agents can be proven.
2. Reasonable advance payments may be required in the case of extraordinary preliminary services.
3. The customer may only offset claims that are undisputed or legally established, or exercise a right of retention based on such claims.
4. If, after conclusion of the contract, it becomes apparent that fulfillment of the payment claim is jeopardized due to the customer’s lack of financial capacity, the contractor shall be entitled to demand advance payment, withhold goods not yet delivered, and suspend further work. These rights shall also apply if the customer is in default with payments arising from the same legal relationship. Section 321 (2) German Civil Code (BGB) remains unaffected.
5. In the event of default in payment, default interest of 8 percentage points above the applicable base interest rate shall be payable. The assertion of further damages caused by default remains unaffected. If the customer fails to pay the price, including ancillary costs pursuant to § 3 (“Prices”), within 30 days after receipt of invoice and delivery of the goods, the customer shall be deemed in default without the need for a reminder notice.

1. If the goods are to be shipped, the risk shall pass to the customer as soon as the consignment has been handed over to the person carrying out the transport.
2. Delivery dates shall only be valid if expressly confirmed by the contractor. If the contract is concluded in writing, confirmation of the delivery date must also be in writing.The delivery period ends on the day the goods leave the manufacturing facility or are stored due to impossibility of shipment. The delivery period shall be suspended during the customer’s inspection of proofs, production samples, lithographs, etc., namely from the day of dispatch to the customer until receipt of the customer’s response. If the customer requests changes to the order after order confirmation which affect the production time, a new delivery period shall commence only after confirmation of such changes. The contractor shall not be responsible for delays caused by circumstances beyond its control.
3. If the contractor delays performance, the customer may only exercise the rights under Section 323 BGB if the contractor is responsible for the delay. This provision does not imply any change in the burden of proof.
4. Operational disruptions — both at the contractor’s business and at suppliers — such as strikes, lockouts, and all other cases of force majeure, shall only entitle the customer to terminate the contract if continued waiting is unreasonable. Otherwise, the agreed delivery period shall be extended by the duration of the delay. Termination is only possible no earlier than four weeks after occurrence of the operational disruption described above. Liability of the contractor in such cases is excluded.
5. The contractor shall have a right of retention pursuant to Section 369 German Commercial Code (HGB) with respect to templates, manuscripts, raw materials, and other items supplied by the customer until all due claims arising from the business relationship have been fully satisfied. Materials supplied by the customer, regardless of type, must be delivered carriage paid. Receipt shall be acknowledged without assuming liability for the correctness of the quantity stated as delivered. For larger consignments, costs associated with counting or weighing inspections as well as storage expenses shall be reimbursed.
6. Within the scope of its obligations under the German Packaging Ordinance, the contractor shall take back packaging materials. The customer may return packaging materials during normal business hours at the contractor’s premises after prior notification unless another collection point has been designated. Packaging materials may also be returned to the contractor upon delivery unless another collection point has been designated. Packaging will only be accepted immediately after delivery of the goods or, in the case of subsequent deliveries, after timely prior notification and provision. The customer shall bear the transport costs of used packaging. If the designated collection point is farther away than the contractor’s premises, the customer shall only bear transport costs equivalent to the distance to the contractor’s premises. Returned packaging must be clean, free of foreign substances, and sorted by packaging type. Otherwise, the contractor shall be entitled to charge the customer for any additional disposal costs incurred.

1. The delivered goods shall remain the property of the contractor until full payment of all claims existing at the invoice date against the customer has been made.The customer shall only be entitled to resell the goods in the ordinary course of business.The customer hereby assigns to the contractor all claims arising from the resale. The contractor hereby accepts such assignment. At the latest in the event of default, the customer shall be obliged to disclose the debtor of the assigned claim. If the value of the securities exceeds the contractor’s claims by more than 20% overall, the contractor shall, upon request of the customer or an affected third party, release securities of its choice accordingly.
2. In the event of processing or transformation of goods supplied by the contractor and owned by the contractor, the contractor shall be deemed the manufacturer pursuant to Section 950 BGB and shall retain ownership of the products at all times during processing. If third parties are involved in the processing, the contractor’s ownership share shall be limited to the invoice value of the reserved goods. Ownership acquired in this manner shall be deemed reserved ownership.

1. The customer shall inspect the conformity of the goods with the contract as well as all preliminary and intermediate products sent for correction immediately upon receipt. The risk of any errors shall pass to the customer upon declaration of print approval / production approval, except for errors that arise or could only be recognized during the subsequent production process. The same shall apply to all other approvals issued by the customer.
2. Complaints are only permissible within one week after receipt of the goods. Hidden defects not detectable during immediate inspection must be asserted within the statutory warranty period.
3. In the event of justified complaints, the contractor shall initially be obliged and entitled, at its discretion and excluding other claims, to remedy the defect and/or provide replacement delivery. If the contractor fails to fulfill this obligation within a reasonable period or if subsequent performance fails despite repeated attempts, the customer may demand a reduction in price or rescission of the contract.
4. Defects affecting part of the delivered goods shall not entitle the customer to reject the entire delivery unless the partial delivery is of no interest to the customer.
5. Minor deviations from the original in color reproductions resulting from any production process shall not constitute defects. The same applies to comparisons between other templates (e.g. digital proofs, proof prints) and the final product. Furthermore, liability is excluded for defects that do not impair or only insignificantly impair the value or usability of the goods.
6. The contractor shall only be liable for deviations in the quality of the materials used up to the amount of the order value.
7. Supplies provided by the customer or third parties commissioned by the customer (including data carriers and transmitted data) are not subject to any inspection obligation by the contractor. This does not apply to obviously unusable or unreadable data. In the case of data transmission, the customer must use state-of-the-art virus protection software prior to transmission. Data backup is solely the responsibility of the customer. The contractor shall be entitled to make a copy.
8. Overdeliveries or underdeliveries of up to 10% of the ordered quantity shall not constitute grounds for complaint. The quantity actually delivered shall be invoiced. For deliveries involving special paper productions below 1,000 kg, the permissible deviation increases to 20%; below 2,000 kg, to 15%.

1. Claims for damages and reimbursement of expenses by the customer, irrespective of the legal basis, are excluded.
2. This exclusion of liability shall not apply:
   • in cases of intentional misconduct or gross negligence,
   • in cases of slight negligence involving the breach of essential contractual obligations, including by legal representatives or vicarious agents of the contractor; in such cases, liability shall be limited to foreseeable, contract-typical, direct average damages,
   • in the event of culpable injury to life, body, or health of the customer,
   • in the event of fraudulent concealment of defects or assumption of a guarantee regarding the quality of the goods,
   • for claims under the German Product Liability Act (Produkthaftungsgesetz).

Claims by the customer for warranty and damages (§§ 7 and 8) shall become time-barred within one year from delivery of the goods, except for claims referred to in § 8.2. This shall not apply where the contractor has acted fraudulently.

The customer shall be solely liable if the execution of the order infringes third-party rights, particularly copyrights. The customer shall indemnify and hold harmless the contractor against all claims asserted by third parties due to such infringement.

1. If the customer is a merchant within the meaning of the German Commercial Code, our registered office shall be the place of jurisdiction. However, we shall also be entitled to sue the customer at the customer’s place of residence.
2. The laws of the Federal Republic of Germany shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
3. Unless otherwise stated in the order confirmation, our registered office shall be the place of performance.
4. Should one or more provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.