Terms and Conditions

1. Scope of Application

Orders are executed subject to the following conditions. Any deviation(s) shall require written form.

II. Pricing

The prices stated in the offer of the contractor apply subject to the reservation that the order data on which the offer is based remains unchanged. The prices quoted by the contractor do not include VAT. The contractor’s prices shall be ex works. They do not include packing, freight, postage, insurance and / or any other shipping costs.

Subsequent alterations at the instigation of the customer including the machinery idling time as a result there of shall be charged to the customer. The term subsequent alterations shall also include repetitions of sample proof copies which are demanded by the customer due to minor deviations from the model copy.

Sketches, designs, sample rate, sample prints, patterns and similar arrangements that are ordered by the customer shall be invoiced, even if the order is not placed. The terms in section IX apply accordingly.

III. Payment

The prices stated in the offer of the contractor apply subject to the reservation that the order data on which the offer is based remains unchanged. The prices quoted by the contractor do not include VAT. The contractor’s prices shall be ex works. They do not include packing, freight, postage, insurance and / or any other shipping costs.

IV. Late Payment

In the event that after the conclusion of the contract a deterioration of the customer’s financial situation occurs or becomes known to us, thus endangering the performance of our claim for payment, we shall be entitled to demand payment in advance and immediate payment of all outstanding invoices as well as invoices not yet due, to withhold goods not yet delivered and to stop work on orders still in process. The contractor shall also be entitled to these rights if the customer does not make any payments in spite of a reminder following a default. In the event of a late payment, default interest to the amount of 2% above the respective discount rate of the Swiss national bank shall be payable. This does not exclude the assertion of further loss arising from delay.

V. Delivery

The contractor shall dispatch the goods to the customer with all due care but shall only be liable in the event of intent or gross negligence. The goods shall be insured according to the respective conditions of the forwarding agent.

Delivery dates shall only be deemed to apply where they have been expressly confirmed by the contractor. Should the contract be concluded in writing, then the confirmation concerning the delivery date must also be in writing.

If the contractor fails to meet the delivery deadline, a reasonable period of grace shall initially be granted. In the event of a failure to meet this renewed deadline the customer shall have the right to rescind the contract. § 361 BGB (German Civil Code) shall remain unaffected. Compensation for the damage caused by the delay shall be limited to the amount of the order value (own contribution excluding payment in advance and material).

Any disruptions of operations – both at the contractor’s business as well as the supplier’s – particularly strike, lockout, war, rebellion and all other cases of force majeure shall not give entitlement to cancellation of the contractual relations. The principles of the loss of valid subject matter shall remain unaffected.

The goods supplied shall remain the property of the contractor until the purchase price has been paid in full. The customer shall only be entitled to resell in the due and proper course of business. The customer shall cede his claims to the contractor by reselling the goods. The contractor shall accept the assignment of the claim herewith.

The contractor shall have a right of retention to all data, printing blocks, manuscripts, raw materials and other items supplied by the customer, in accordance with §369 HGB (Commercial Code) until all claims and demands resulting from the business transaction have been met.

VI. Claims

The customer shall in each case examine the contract compliance of the supplied goods and of the pre- and intermediate products transmitted for correction. The risk of any errors is transferred to the customer once permission to print has been given, providing that the errors concerned were not created during a production process after the print proofs were checked, or if it was not possible to detect them. The same shall apply to all other release declarations of the customer.

Complaints are only admissible within one week after delivery of the goods. Hidden defects that cannot be detected after an immediate inspection may only be claimed against the contractor if the notice of complaint is received by the contractor within 6 months of the goods leaving the supply works.

In the event of a justified complaint, the contractor shall at his discretion and to the exclusion of further claims be obliged to remedy the defect and/or deliver a replacement up to the amount of the order value unless a warranted characteristic has been omitted or the contractor or its agents have acted with intent or gross negligence. The same applies in the event of a justified complaint regarding the subsequent defect rectification or supplied replacement. In case of culpably delayed, omitted, unsuccessful or missed subsequent fulfillment, the customer may withdraw from the contract. § 361 BGB (German Civil Code) shall remain unaffected.

Liability for consequential damage is excluded unless the contractor or his vicarious agents are guilty of intention or gross negligence. If the contract involves commission finishing or further processing of printed material, the contractor shall not be liable for any deterioration of the product to be finished or further processed, unless such deterioration is caused by an act of intent or gross negligence.

Defects of part of the delivered goods shall not give rise to a right to reject the whole deliver unless the partial delivery is not of interest for the customer.

In the case of color reproductions for all printing processes, complaints about minor variations from the original may not be made. The same applies for the comparison between proofs and production prints. Liability is excluded for color variations which result verifiably from a chemical reaction occurring.

The contractor shall only be liable for deviations in the quality of the material used up to the amount of his own claims against the respective sub-contractor. In such an instance the contractor is released from its liability if the contractor assigns to the customer its claim against the sub-contractor. The contractor shall be liable as a guarantor insofar as claims against the sub-contractor do not exist through the fault of the contractor or if such claims cannot be enforced.

Additional or short deliveries of up to 10 % of the ordered amount are not deemed a reason for complaint. The quantity actually supplied shall be calculated.

VII. Insurance / Safekeeping

Copies, raw materials, print carriers, films and other objects intended for re-use as well as semi-finished and finished products are kept beyond the delivery date only after prior agreement and in return for separate remuneration. The contractor is only liable for premeditation and gross negligence.

In the event that the objects described above are provided by the customer, they shall be handled carefully until they are delivered. The contractor shall only be liable for damage in the event of intent or gross negligence.

If the items mentioned above are to be insured, the customer shall pay the insurance.

VIII. Property / Copyright

The engaged operating items of the contractor that are used for the creation of the contractual products, particularly data, films, printing blocks, lithographs and printing plates, stay, even if they are calculated separately, property of the contractor and will not be delivered.

The customer shall be solely liable if rights of third parties, in particular copyrights, are infringed as a result of the performance of its contract. The customer shall exempt the contractor from all charges made by third parties due to a violation of rights.

IX. Legal Notice

The contractor may display its name in an appropriate way and upon approval by the customer, on the products resulting from the contract. The customer shall only be entitled to withhold agreement in cases where he has an overwhelming interest in doing so.

X. Place of fulfillment / Jurisdiction / Validity

Place of fulfillment and jurisdiction for all claims arising from this contractual relationship and litigation including exchange and documentary evidence is the seat of the contractor. The effectiveness of the remaining provisions shall not be affected by the possible ineffectiveness of one or more provisions.

© Hahn Media Group AG – Stand 10/2013