Sales, delivery, and payment terms
Contract end
Our offers and listed prices are subject to change, unless a written agreement has been made. Orders and changes to orders require our written confirmation in order to be effective.
Delivery dates:
Delivery dates are binding only if we have confirmed them in writing. Delivery dates are calculated so as to ensure compliance with normal production runs and the scheduled receipt of raw materials. Delivery dates are deemed to have been complied with if the goods leave our delivery point by the agreed deadline. If the delivery is delayed for reasons attributable to the customer, the deadline is deemed to have been met if the goods were reported as ready for dispatch on schedule. Compensation claims based on late deliveries are recognized only if this has been agreed in writing. If the delivery is delayed for reasons attributable to the customer, the delivery date is extended accordingly. The customer is liable to cover the costs we incur as a result, e.g. storage, insurance, transport, conveyance, waiting times. Any subsequent changes made to the order repeal the delivery date confirmed as binding and entitle us to invoice the additional costs incurred as a result, unless a new price must be agreed based on the extent of the changes made to the order. Partial deliveries are permitted.
If a delivery is delayed, the customer is entitled to exercise his or her legal rights only after a reasonable grace period has been set; we will not provide compensation for loss of profit.
Transfer of risk: Risk is transferred to the customer as soon as the goods have left our delivery point. If the delivery is delayed for reasons attributable to the customer, risk is transferred to the customer for the period of delay. The shipping risk is borne by the customer in all cases.
Packaging is charged at cost price and cannot be returned.
Delivery costs are ex works. In the event of price changes, the list prices valid on the day of delivery are binding.
Payment conditions: Invoices are issued on the day the goods are dispatched. Unless otherwise agreed, the invoice amount must be paid in full within 30 days of the invoice date. If we provide larger amounts of paper, cardboard, and other material, we are entitled to demand immediate payment for this.
Payments are deemed to have been made on the day on which we have access to the funds. They will in each case be applied to the oldest outstanding debt. In the case of delayed acceptance, the invoices will be delivered and payable after commencement of the delay. In principle, bills of exchange are not accepted. Insofar as checks or bills of exchange are accepted, they are taken in payment subject to the usual conditions. Discount and collection charges are to be paid by the customer. In the case of payments not made on time – subject to further rights – default interest will be charged without a special reminder at an annual rate of 5% above the respective discount rate. In the event of the non-payment of a check or bill of exchange, or in the event of stoppage of payment or initiating one of the debt settlement procedures, all our claims will become due immediately. The retention of payments due to counterclaims not recognized by us and using these claims for offsetting are not permitted.
Retention of title: The delivery items remain our property until all the claims arising from the business relationship with the customer have been fulfilled.
Defects in the delivery must be reported immediately, or no more than two weeks after the defects have been identified. Following a justified complaint, we reserve the right to choose whether to remedy the defects by providing a repair or delivering a replacement free of charge. The right to a repair or replacement owing to defective performance is limited to six months. The limitation period begins on the day on which the ordered goods are transferred to the customer; other claims based on defects in the delivery are excluded. If the delivered goods are repaired, the original warranty periods are neither suspended nor interrupted. Repairs within the framework of these obligations are made exclusively on our premises after the goods have been delivered free of postage, freight, and customs fees. The faulty goods must be sent to us in appropriate packaging. The return or replacement delivery is free of postage and packaging fees. However, duties and other import charges must be borne by the customer. The warranty that covers our delivery items requires that they be sent back in the same condition in which they are found on the customer’s side with no attempts made to repair them. We are obliged to undertake repairs only if the customer has fully complied with his or her contractual obligations, in particular payment obligations. His or her right to the repairs is suspended until this is the case. Any deviations in the quality of the material procured by us cannot be contested insofar as they are declared admissible in the terms of delivery of the responsible delivery industry, which are available to the customer on request, or insofar as they are based on print-related differences between proof and final print. As regards lightfastness, variability, color variations, and the quality of rubber coating, varnishing, impregnation, and similar, we are liable to the extent that the material defects were identifiable before their use during proper checking. Material procured by the customer must be delivered free of charge. We are not liable for the order material provided by the customer, even if it becomes unusable despite correct handling.
Copyright: The customer is solely responsible for checking the rights of reproduction of all print templates. Copyright and the right of reproduction of our own sketches, drafts, originals, films, and similar remain ours unless expressly indicated in other regulations. Reproduction is not permitted without our consent. Lithographs, pauses, hand extracts, embossing plates, frames, screens, stencils, punching tools, devices, and similar remain our property, even if invoiced separately. We are not obliged to send transfers of lithographs and copies of copy templates to the customer.
Typesetting errors are corrected free of charge; however, we will charge for the working time required to make the necessary modifications to manuscripts rendered illegible through no fault of our own or in deviation from the print template, in particular corrections made by the customer and author.
Correction proofs and final proofs must be checked by the customer and returned to us once they have been declared as ready for printing. We are not liable for any errors overlooked by the customer. Modifications agreed upon over the phone require written confirmation. In the case of smaller orders, we are not obliged to send the customer a correction proof. The customer must bear all the costs incurred if changes need to be made after printing approval has been given, including the costs of machine downtime. For color reproductions in all printing processes, slight deviations from the original cannot be regarded as a just cause for complaint. This also applies to comparisons between final proofs and production prints.
Excess and incomplete deliveries: In general, the full specified print run is produced. The customer is obliged to accept excess or short deliveries of up to 10% of the ordered print run.
Stocking and storing of raw materials, semi-finished and finished products, such as printing plates, frames, screens, and stencils, as well as third-party materials, is possible only after prior agreement and is specially compensated.
Insurance: The customer is personally responsible, should he or she so wish, for insuring the manuscripts, print templates, films, originals, print materials to be stored, and any other items sent to us against theft, fire, water, or any other hazards.
Company logo and identification number: We reserve the right to include our company text, company logo, or company identification number, as is common practice, on all kinds of deliveries based on the available space.
Liability for other forms of damage: We are not liable for personal injury or damage to property beyond the delivery items, irrespective of the legal basis. Other claims for damages are also excluded.
The place of jurisdiction for all disputes arising from the contractual relationship, whether directly or indirectly, is Berlin, Germany.
Liabilities: Even if individual provisions are legally invalid, these terms and conditions will remain binding in their remaining parts.
Union-Klischee Ltd
Date: May 2012