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Terms and Conditions (GTC)

As of: August 2009

I. Conclusion of contract
Our offers are subject to change.
All agreements require our written confirmation to be effective. Our order confirmation is decisive for the content of the contract and delivery.
The usual commercial tolerances apply to all information regarding quality, color, quantities, dimensions and weights.

II. Delivery time
Delivery times begin on the date of the order confirmation. Our delivery obligation is suspended as long as the purchaser is in arrears with an obligation.
We are entitled to partial deliveries.
If we are in default with the delivery after unsuccessfully setting a grace period, the purchaser has the following rights:
a) In the event of intent or gross negligence, we are liable for the damage that could have been expected to occur as a result of the delay according to the normal course of things or according to the information provided by the customer when the contract was concluded. The amount of compensation is limited to 2% of the value of the delivery item for each week or part of the delay, in total to the value of the contractual item with which we are in default.
b) The customer is entitled to withdraw from the contract after the grace period of 2 weeks has expired. Compensation for damages due to non-fulfillment can only be claimed if the exclusion of this claim appears to be grossly unfair in view of a particular fault (intent and gross negligence) on our part, the special interests of the customer or other special circumstances. In this case, liability is limited to the damage that could have been expected in the normal course of things, but to a maximum of twice the value of the delivery item.

III. terms of payment
The invoice is issued upon delivery. If an order is delivered in several parts, each delivery will be billed separately.
Costs for designs, drawings, clichés and printing rollers will be charged upon first delivery. They remain our property in any case.

IV. Shipping and assumption of risk
Shipping takes place from our factory or distribution warehouse at the risk of the purchaser, even if freight-free delivery has been agreed or we take over the transport.
If shipment is delayed due to circumstances for which we are not responsible, we can put the goods in stock upon notification of readiness for shipment at the purchaser’s expense and risk.

V. Retention of title
We reserve ownership of the goods delivered by us until all of our claims – including from other deliveries – including all additional claims have been paid in full and until all bills of exchange and checks given in payment have been redeemed. When processing, combining and mixing with other goods that do not belong to the purchaser, we are entitled to co-ownership in the ratio of the invoice value of our goods to these other goods at the time of processing, combining or mixing. This also applies in the case of the processing of our goods, which is carried out for us as a manufacturer (§ 950 BGB).
The customer may only sell our reserved goods in the normal course of business, passing on the retention of title and only as long as he is not in default of payment. Purchase price claims of the purchaser from the resale of our reserved goods are already assigned to us in the amount of their invoice value until all of our claims have been settled. Upon request, the purchaser must immediately send us a list of the assigned claims. The purchaser is revocably entitled to collect these claims.
We are entitled to withdraw – even without setting a deadline – and the purchaser is obliged to return the reserved goods if it is no longer reasonable to adhere to the contract (e.g. due to late payment, impending suspension of payments or unsatisfactory information about the purchaser’s ability to pay). or the purchaser has committed a breach of duty within the meaning of Section 323 of the German Civil Code (BGB). Partial performance by the customer does not exclude the right of withdrawal. The purchaser bears all costs of return and recycling.

VI. Warranty
Our service is deemed to have been provided in accordance with the contract if it remains within the usual tolerances. If a defect occurs in our service, we are entitled to make a subsequent delivery. If the subsequent delivery fails or we are in arrears with this for more than 4 weeks, the customer can demand a reduction in the remuneration or withdraw from the contract. We assume no liability unless the nature of the item is contractually agreed. The sending of samples does not represent a contractually agreed quality. Further liability is limited to intent and gross negligence.

VII. Forfeiture
If the customer does not fulfill his obligation – or does not fulfill it in a timely manner – he loses all of his rights under the contract and we are entitled to withdraw from the contract.

VIII. Final provisions
We are entitled to store, process and transmit data relating to goods and payment transactions with the customer. German law applies to the contractual relationship between the customer and us. The validity of the uniform purchasing laws is excluded. For all disputes arising from this contract, the agreed place of jurisdiction is Ansbach, provided that the purchaser is a registered merchant, a legal entity under public law or a special fund under public law. This also applies to bill of exchange and check obligations as well as to claims for damages of any kind. However, we are entitled to file a lawsuit at the purchaser’s registered office. If individual provisions of the General Terms and Conditions are or become invalid, the effectiveness of the remaining provisions will not be affected. Contracts are concluded exclusively based on our general terms and conditions. Different conditions or general terms and conditions of the purchaser generally do not apply to the contracts concluded with us. Subsidiary agreements, additions and changes to the contract must, without exception, be in writing. This also expressly applies to the cancellation of the written form requirement. Regulations of the contracting parties that do not respect this form are invalid.