GTC (general terms & conditions)
area of application
The following conditions of sale, delivery and payment apply to all contracts, deliveries and other services, including consulting services and information.
They also apply to all future contracts with the Purchaser as well as for future services to be performed for the Purchaser as well as other services.
Any conflicting terms and conditions are rejected.
Orders placed with us, amendments and supplements to the contract as well as side agreements always have to be made in writing to have effect.
Orders placed by phone or in any other way are deemed to be accepted, if the goods are sent or handed over and an invoice is issued.
In ceramic colour printing none of the colours in the standardised colour systems can be depicted. It is only possible to approximately replicate them. This is because of the printed substrate, the thermal effects, the resulting chemical reactions and some of the added colour mixtures.
Minor colour deviations may occur between the pressing and the coating, during the coating and during reproductions, as differences in the printed substrate, thermal influences and the resulting chemical reactions cannot be excluded.
Colour deviations can therefore not be excluded and do not authorise any claims for defects.
prices, price lists
Our prices are quoted ex works. The prices are valid at the time the order is issued. Prices are calculated in Euros, excluding the legal VAT, packaging and delivery costs.
Any customs and other extra fees incurred shall be borne by the Buyer.
rights of use
We hereby transfer the Client all the required rights of use for the respective purpose.
Provided nothing else has been agreed, only a simple (non-exclusive) right of use is transferred. The transfer of the rights of use to third parties requires a prior written agreement.
The rights of use are only transferred once the remuneration has been paid in full by the Client. We have the right to be mentioned as the creator in copies and in publications about the product.
Copyrights and any industrial property rights are not transferred by us or ceded for use in connection with the delivery contracts concluded. This applies in particular to layouts, graphic designs and physical designs, etc. We are not obliged to check the data or work provided by the Client for violations of third party rights. If there are violations of third party rights due to the use of data provided by the Client which are not our fault, the Client is obliged to release us from any claims of the rights holder.
The payment is either done by a bank transfer in advance, on account or by direct debit. We reserve the right to exclude individual payment methods. If payment in advance is chosen we will inform you of the bank details in the order confirmation. The invoice amount is to be transferred within 10 days to our account. You are only allowed to exert a right of retention if the claims are based on the same contractual relationship.
We are permitted to invoice partial services.
Our invoices are due for payment within 7 days of the date of invoice with a 2% discount or within 14 days without deduction.
The Client is deemed to be in default if payment is not received 14 days after the date of invoice. In the event of a default we are entitled to default interest as per Section 288 BGB [German Civil Code] - unless there is proof that further damage caused by the delay has been incurred.
The off-setting with claims of the Purchaser which have not been acknowledged or legally established is excluded. This also applies to a right of retention due to counter-claims of this kind, if these claims are not based on the same contractual relationship.
Our delivery obligation only exists under the condition that we are supplied with materials in full and correctly, unless the non-delivery or delay is our fault.
For special productions delivery deviations of up to 5% are permitted, and this shall be taken into account in the invoice.
With regards to the standard irregularities for our delivered objects (dimensions, colours etc.) we reserve the right to make trade-standard deviations.
We are permitted to make partial deliveries where it is reasonably to do so.
If the delivery of the ordered delivery items is delayed for reasons which are the fault of the Purchaser, the risk is transferred to the Purchaser upon the receipt of the notification that the goods are ready for delivery.
The reliable delivery of the ordered goods is ensured by the freight forwarding company contracted by us. The parties agree that in the event of a dispute, the Purchaser is obliged to provide evidence of the non-receipt of a delivery.
Delays in the delivery and services due to force majeure and events which make the delivery or service significantly more difficult or impossible for us to perform, e.g. official directives, strikes, lock-outs or other industrial disruptions, delays in the delivery of key raw or construction materials, energy etc., even if they affect our suppliers, their sub-contractors or third parties we contract to perform our obligations, are not our fault even if bindingly deadlines and dates have been agreed. They authorise us to postpone the delivery or service by the duration of the obstruction plus a suitable start-up period.
In accordance with the Product Safety Act we are obliged to label our products. That means that our products are only delivered with our logo on the base.
The agreed delivery periods shall be extended suitably in the event of unexpected obstacles, which are outside of our area of influence, such as strikes, lock-outs or other industrial disruptions, delays in the delivery of primary materials, regardless of whether these obstacles affect us or our suppliers. Situations of this kind are still not deemed to be our fault even if we are already in delay. Furthermore, in this case we are permitted to withdraw from the contract in full or partially due to the section that has not been fulfilled. The same applies in the event of a later amendment to the contract, which could have an effect on the delivery period; in this case the delivery period is also extended suitably, provided no special agreements exist.
If the delivery period is extended or if we are released from our obligation, the contract partner cannot derive any compensation claims from this. We can invoke the afore-mentioned conditions if we have notified the contract partner immediately of them. At the same time we reserve the right to request any costs incurred due to the execution of the contract, which have been proven to the Purchaser and were not foreseeable upon the conclusion of the contract, from the Purchaser.
retention of title
The objects we supply remain our property until all our current claims against the Purchaser, as well as any future claims associated with the delivered items, have been met.
The Purchaser is permitted to re-sell the delivery objects (goods subject to the retention of title) in normal business transactions. The Purchaser hereby assigns us all the claims from this re-sale.
The Purchaser is also authorised to collect this claim even after it has been assigned. Our authorisation to collect the claim ourselves remains unaffected by this, although we are obliged not to do this as long as the Purchaser meets its payment obligations properly. If the Purchaser makes use of the authorisation to collect a claim, we are entitled to the proceeds collected amounting to the delivery price for the item agreed between the Purchaser and us.
We are obliged to release any security we are entitled to, upon request, if the encashable value exceeds the claims to be secured by more than 20%.
If we accept a bill of exchange as a form of payment, our retention of title exists until it is determined that we can no longer make use of the bill.
Semi-finished and intermediate products of an order are to be checked immediately by the Client. With the approval of these semi-finished and intermediate products (proof copies, press proofs, etc.) the Client waives any compensation or defect warranty claims related to these products. Clear defects have to be reported within 2 days of receipt of the goods in writing and with specific details. Otherwise the delivered goods are deemed to be approved. Hidden defects are to be reported as soon as they are discovered, although at the latest within 6 months of the receipt of the goods
We hereby grant the Purchaser unlimited legal warranty rights despite our legal entitlement to limited or restrict the warranty.
exemption of compensation claims
For damage which is caused as a result of the failure to implement, or the incorrect implementation, of proposals or advice made before or after the conclusion of the contract, or due to the violation of other secondary contractual obligations, and does not occur to the delivery item itself, we are only liable - regardless of the legal grounds -
in the event of wilful intent,
in the event of gross negligence by our institutions or executive employees,
in the event of a culpable injury to life, limb and health,
in the event of defects which we have fraudently keep silent about or the absence of which we have guaranteed,
in the event of defects to the delivery item, if liability for personal or material damage to privately used objects exists according to the Product Liability Law.
In the event of a culpable violation of key contractual obligations, we are also liable for gross negligence by non-executive employees and for standard negligence, although the latter is limited to the typical contractual damage which could reasonably be foreseen. Any further compensation claims are excluded.
The information, drawings, diagrams, samples, technical details and other technical data in brochures, catalogues, announcements and price lists or documents provided with an offer as well as any recommendations for use are non-binding, they do not release the Purchaser from the obligation to check the suitability of the goods for the intended purposes, processes and individual cases. They only become an integral part of the contract if they have been confirmed explicitly by us as binding. The only guarantees of quality are those which have been denoted explicitly as such in the order confirmation. The application, use and processing of the purchased goods is exclusively the responsibility of the Purchaser. We reserve the right of ownership and copyrights on all diagrams, drawings and other documents. Unless we give permission for them to be used otherwise, they are only allowed to be used for the intended contractual purpose and not made available to third parties.
Products we have created are allowed to be used for advertising purposes free of charge. The permission required for this is deemed to be issued with the order.
For the initiation, conclusion, execution and rescission of a purchase contract, data is compiled, saved and processed within the scope of legal provisions.
If our website is visited the IP address currently used by your PC, the date and time, the type of browser, the operating system on your PC and the pages you viewed are recorded. We are, however, unable and do not intend make any inferences about personal data.
The personal data which you send us, for example in an order or by e-mail, is only used for correspondence with you and is only processed for the purpose you sent us the data for. We only pass on your details to the delivery company contracted with the delivery, if this is necessary for the delivery of the goods. For the processing of payments we pass on your payment details to the banking institute that we commission with the payment.
We assure you that we shall not pass on your personal data to third parties, unless we are legally obliged to or you have explicitly agreed to in advance. If we use third party services to perform and execute manufacturing processes, the provisions of the German Data Protection Law shall be observed.
Personal data which is sent to us via our website is only saved until the purpose for which we were entrusted with the data has been fulfilled. If commercial and tax law storage periods have to be observed, the saving period for certain data may amount to up to 10 years.
If you no longer agree to the saving of your personal data or if this data has become incorrect, we will perform the deletion, correction or blocking of your data within the framework of legal provisions. On request you shall receive information, free-of-charge, about all the personal data we have saved about you. If you have any questions about the recording, processing or use of your personal data, require information, notification, the blocking or deletion of your data, please contact us.
place of performance, place of jurisdiction, applicable law
The place of performance is Nimritz. The place of jurisdiction for all disputes arising from our legal relationship with the Purchaser is Nimritz. We are, however, permitted to also file lawsuits at the head office of the Purchaser.
German law applies, in any other exceptional cases the UN Convention on Contracts for the International Sale of Goods applies.