Sales and delivery terms and conditions

1. Offers are subject to change without notice.
Orders and oral additional stipulations shall only be deemed accepted when they have been confirmed in writing.

2. Prices
Are understood to be without any deductions, plus the statutory value added tax valid on the day of the delivery. The prices do not include packaging or transport and insurance costs. Unless anything has otherwise been agreed in writing, transport costs shall be calculated from the supply warehouse in Germany.

3. Conditions of payment
Our invoices are payable within 10 days of the date of the invoice with 2% discount only on the value of the items, or 30 days net. Withholding the payment in whole or in part is not allowed, unless it is based on a counterclaim from the same contractual relationship. Setting off is only possible with counterclaims that are legally enforceable or recognized by us.

4. Technically induced deviations in quality and quantity.
Items supplied are subject to commercial material-induced deviations in structure and colour as compared with samples. If corporate advertising is applied, there may be deviations in quantity of up to 10% upward or downward.

5. Printing tools. On request, we will manufacture the tools required for applying the advertising (for example brass embossing stamps, engraving templates, etching plates, films and screens) for you and charge our prime costs. The tools that can be used again (except screens) will be stored at our company at no charge. Etching plates, engraving templates and screens cannot be handed over.

6. Ready for printing clearance.
If nothing has been agreed to the contrary, the application of the desired corporate advertising to the particular item shall be cleared without previous corrections.

7. Bearing of risk.
In all cases, shipment shall be at the expense and risk of the recipient. No liability shall be assumed for damage or loss during shipment. In the event that the customer has not stipulated special shipment instructions, we carry out the shipment in what we consider to be the best way. In the event that the seller does not issue any other instructions on the insurance for transport costs, such insurance can easily be carried out by us at customer’s expense. However, we shall have no obligation to arrange insurance.

8. Warranty.
Warranty claims fall under the statutes of limitation in 6 (six) months, beginning with the day of supply. Delivered goods shall be examined immediately. Warranty for identifiable defects shall only be given if a complaint is promptly made in writing, such complaint to be expressed within one week of the customer having received the goods. Items that can be proved to have become unusable or whose usefulness has been substantially impaired as the result of a circumstance that occurred before the transfer of risk shall, at our choice, either be repaired at our expense or be resupplied by us new. We must be promptly notified in writing as soon as such defects are discovered. In the event that the repair or the replacement is ultimately not successful, the customer can demand a reduction in the payment or the cancellation of the contract concerning the defective items. The warranty obligation shall be annulled if the customer or third parties make or have made changes to the delivered items without our prior consent. In the case of third party products (especially products of subcontractors), we hereby transfer to the customer the warranty claims against the suppliers of the third party products that are passed on to us. In the event that it is impossible for the customer to obtain – even partial – compensation because of the transferred claims, our liability shall revive in connection with the above provisions.

9. Liability and compensation for damages
Liability for defects shall not include damage that can be attributed to natural wear, incorrect operation, improper handling, etc. Any kind of claim for compensation for damages asserted against us, particularly on account of lost profit, consequential damage, negligence in contracting, positive breach of an obligation, default or actionable tort, shall be excluded, as shall liability from producer’s liability, provided that such claims are not established by law and are mandatory, with the exception of the cases regulated below, although we are not liable in particular for damage through the items that we have supplied if these have become defective or unusable or are improperly used by customer. We shall be liable for damage caused intentionally or through gross negligence by employees or executives. We shall be liable if the reasons for claims for compensation for damages are based on the absence of warranted qualities. In the event that such a claim is based on a positive breach of an obligation, we shall be liable only within the scope of the preceding paragraph. In the event that such liability for compensation for damages occurs, such claims shall fall under the statutes of limitation not later than 6 (six) months after delivery.

10. Reservation of proprietary rights.
The goods shall remain our property until full payment has been made for them.

11. Place of performance and place of jurisdiction.
Stuttgart, Germany

12. Deviations from the above conditions.
Shall require our confirmation in writing