Terms & conditions - Hahn-Media.ch

Terms and Conditions

I. Scope

Orders are carried out subject to the following conditions. Any deviations must be agreed in writing.

II. Pricing

The prices stated in the contractor’s quotation apply on the condition that the order data on which the quotation is based remain unchanged. Prices quoted by the contractor exclude VAT and apply ex works; packaging, freight, postage, insurance and other shipping costs are not included.

Subsequent changes requested by the customer, including machine downtime caused by such changes, will be charged to the customer. Repeated proof corrections requested by the customer because of minor deviations from the original are also deemed subsequent changes.

Sketches, drafts, typesetting samples, proofs, samples and similar preparatory work ordered by the customer will be invoiced even if the order is not subsequently placed. Section IX applies accordingly.

III. Payment

The prices stated in the contractor’s quotation apply on the condition that the order data on which the quotation is based remain unchanged. Prices exclude VAT and apply ex works; packaging, freight, postage, insurance and other shipping costs are not included.

IV. Late payment

If, after conclusion of the contract, the customer’s financial circumstances deteriorate or such deterioration becomes known to us and jeopardises our payment claim, we are entitled to demand advance payments and immediate payment of all outstanding invoices, including invoices not yet due, to withhold goods not yet delivered and to stop work on orders in progress. These rights also apply if the customer fails to make payments despite a reminder. In the event of late payment, default interest of 2% above the applicable discount rate of the Swiss National Bank is payable. Further claims for loss caused by delay remain reserved.

V. Delivery

The contractor shall dispatch goods to the customer with due care, but is liable only in cases of intent or gross negligence. Goods are insured in accordance with the respective carrier’s conditions.

Delivery dates are binding only if expressly confirmed by the contractor. If the contract is concluded in writing, confirmation of the delivery date must also be in writing.

If the contractor fails to meet a delivery deadline, a reasonable grace period must first be granted. If this additional period is not met, the customer may withdraw from the contract. Section 361 BGB remains unaffected. Compensation for damage caused by delay is limited to the value of the contractor’s own work under the order, excluding advance payments and materials.

Operational disruptions at the contractor or its suppliers, in particular strikes, lockouts, war, unrest and other cases of force majeure, do not entitle the customer to terminate the contractual relationship. The principles concerning frustration of purpose remain unaffected.

Delivered goods remain the property of the contractor until the purchase price has been paid in full. The customer may resell them only in the ordinary course of business and assigns to the contractor the claims arising from such resale; the contractor accepts this assignment.

The contractor has a right of retention over all data, printing blocks, manuscripts, raw materials and other items supplied by the customer until all claims arising from the business relationship have been satisfied.

VI. Claims and defects

The customer must in all cases check that the delivered goods and any preliminary or intermediate products submitted for correction comply with the contract. The risk of errors passes to the customer once approval for printing has been given, provided the errors arose during a production process after the proofs were checked or could not reasonably have been detected. The same applies to any other approvals given by the customer.

Complaints concerning delivered goods are admissible only within one week of delivery. Hidden defects that could not be detected by immediate inspection may be asserted only if the contractor receives notice of the complaint within six months after the goods left the production facility.

In the event of a justified complaint, the contractor may, at its discretion and to the exclusion of further claims, remedy the defect and/or provide a replacement up to the value of the order, unless a warranted characteristic is missing or the contractor or its agents acted intentionally or with gross negligence. If subsequent performance is culpably delayed, omitted, unsuccessful or missed, the customer may withdraw from the contract. Section 361 BGB remains unaffected.

Liability for consequential damage is excluded unless the contractor or its agents acted intentionally or with gross negligence. Where the contract involves finishing or further processing of printing material, the contractor is not liable for deterioration up to completion unless caused intentionally or by gross negligence.

Defects affecting only part of the delivered goods do not entitle the customer to reject the entire delivery unless the partial delivery is of no interest to the customer. Minor colour deviations in any printing process, including deviations between proofs and production runs, do not constitute grounds for complaint. Liability for colour deviations demonstrably caused by chemical reactions is excluded.

For deviations in the quality of materials used, the contractor is liable only to the extent of its own claims against the relevant subcontractor. The contractor is released from liability if it assigns such claims to the customer, but remains liable as guarantor where claims against the subcontractor do not exist through the contractor’s fault or cannot be enforced.

Over- or under-deliveries of up to 10% of the ordered quantity do not constitute grounds for complaint. The quantity actually delivered will be invoiced.

VII. Insurance / storage

Copies, raw materials, printing media, films and other reusable items, as well as semi-finished and finished products, are stored beyond the delivery date only by prior agreement and against separate remuneration. The contractor is liable only for intent and gross negligence.

Items supplied by the customer will be handled with care until returned. Liability is limited to intent and gross negligence. If such items are to be insured, the customer bears the insurance costs.

VIII. Ownership / copyright

The contractor’s production materials used to manufacture the contractual products, in particular data, films, printing blocks, lithographs and printing plates, remain the contractor’s property even if charged separately and will not be delivered to the customer.

The customer alone is liable if third-party rights, in particular copyrights, are infringed as a result of carrying out the customer’s order. The customer shall indemnify the contractor against all third-party claims arising from infringement of such rights.

IX. Imprint

With the customer’s consent, the contractor may display its name on the products arising from the contract in an appropriate manner. The customer may withhold consent only where it has an overriding interest in doing so.

The customer alone is liable if third-party rights, in particular copyrights, are infringed as a result of carrying out the customer’s order and shall indemnify the contractor against third-party claims.

X. Place of performance / jurisdiction / validity

The contractor’s registered office is the place of performance and jurisdiction for all claims and disputes arising from the contractual relationship, including bills of exchange and documentary claims. The invalidity of one or more provisions does not affect the validity of the remaining provisions.

HAHN media group ag.

Geerenstrasse 13
8604 Volketswil/Kindhausen
Switzerland
+41 (0)44 515 90 40
info@hahn-media.ch