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§ 1 General
1. The following conditions are valid for all our offers, sales, deliveries and services and will constitute the contents of this contract. These conditions are valid for our contract partners whether these are private, professional or commercial parties. They will also apply to all future business relations even if no additional agreement has been specified.
2. Conflicting or supplementary terms and conditions from the buyer are herewith explicitly rejected. Nor will such conditions be applicable if the buyer has made them, as part of an order or other declaration, a condition for his purchase.
3. For the performance of its contractual obligations, printmate may use the infrastructure of a third-party provider. For the processing of orders, only such job and personal data will be given to third parties that are necessary for the complete fulfilment of the order.
4. The language used for conclusion of the contract will be German.
§ 2 Quotes, orders and conclusion of contract
1. Our quotes are non-binding unless they are specified in writing to be binding. A valid contract will only take effect after we have confirmed the order or have made the contractually specified delivery. In the case of orders via the internet, a contract will become valid when printmate accepts the order by communicating its acceptance in an order confirmation. Sending an order confirmation is, in principle, not a declaration of acceptance, but rather a confirmation that the order has been received.
2. Dimensions, weights, figures, drawings and additional documentation in connection with our non-binding quotations will remain our property and may only be regarded as approximations. These will only become a part of a binding contract when we have specifically accepted them as such in writing.
3. The buyer is solely responsible for the contents of any production or print data supplied by the buyer. The buyer must ensure that he has all relevant copyright, trademark and other rights.
§ 3 Solvency doubts
1. If we become aware, after conclusion of the contract, of circumstances that could give rise to doubt about the buyer’s ability to pay, we are entitled to make further deliveries dependent on prepayment by the buyer. In such a case, we may set a suitable deadline for the prepayment of the goods and may annul the contract if the prepayment is not made within the agreed-upon time limit; if we have already made the delivery, the purchase price will fall due immediately without discount, regardless any previously agreed terms of payment.
§ 4 Prices
1. The prices are valid for the goods and services listed in the order confirmation. The price of any special or extra orders will be calculated separately. Prices in this contract are understood to mean the amount in EURO fob factory plus packaging, legally required V A T , customs duties in the case of export deliveries, and fees and other public taxes.
2. The legally required VAT is, unless otherwise indicated, not included in our prices, and will be charged separately according to the rates that are valid on the day of billing.
§ 5 Time of delivery
1. All delivery dates are non-binding and are only approximate unless we have expressly specified that they are binding. Printmate is only responsible for the timely and orderly delivery of the goods to the shipping company. In the case of non-binding delivery dates, delivery within 5 days after the specified delivery will be considered as being on time.
2. If we are unable to keep an expressly specified delivery time, or make a late delivery for other reasons, the buyer shall allow us a suitable grace period, starting with 12 days. After expiry of this period, the buyer may cancel the contract.
3. If fulfilment of the contract, because of force majeure or other unusual circumstances for which we have no responsibility, becomes temporarily impossible or extremely difficult, then the agreed delivery time will be extended for the duration of the unusual circumstances. The same will be true for a fulfilment deadline specified by law or the buyer, particularly for grace periods in the case of delay.
4. Before the end of the extended delivery time specified in § 3, the buyer will not be entitled to compensation or to withdraw from the contract. If the delivery obstacle remains effective for more than 2 weeks, both the buyer and we will be entitled to annul the contract if the contract has not yet been completed. If the buyer is entitled to annul the contract without a grace period because of contractual or legal circumstances (e.g. of lack of interest), this right will remain unaffected.
5. In the case of a possible delay of delivery, claims for damages of any kind are excluded insofar as it does not result from intent or gross negligence.
§ 6 Delivery Quantity & technical production considerations
1. The seller is entitled to make deliveries that are larger or smaller than the expressly stated delivery amount within the framework of standard industry practices and technical production limitations. Such a delivery variance will not constitute a deficiency and does not entitle the buyer to refuse delivery or to cancel the contract.
2. Standard volume variations are, for corrugated cardboard up to 501 units ±20%, up to 3.000 units ±15%, over 3.000 units ±10%; for solid cardboard up to 5.000 units ±25%, up to 30,000 units of ±20%, over 30,000 units of ±10%. The calculation will be made on the basis of the amount delivered.
3. Print mate makes products using 4-colour digital and offset printing, as well as flexographic printing. Normal differences in register, colour and coverage shall be accepted within reason and do not constitute a deficiency.
§ 7 Shipping
1. Shipping costs will be paid by the buyer. The risk is transferred to the buyer when the goods are loaded, even if free shipping has been agreed upon and/or the shipping takes place with our own vehicles. We are not obliged to arrange for shipping nsurance.
2. Unless otherwise explicitly agreed in writing, we are entitled, within reason, to make partial deliveries, which will be billed separately.
§ 8 Payment
1. Our invoices are due for immediate payment on the date of invoice, without deductions.
2. The bill of lading date will, in principle, be regarded as equivalent to the delivery date/service date.
3. The buyer will be in arrears, even without a reminder notice, if he does not pay the purchase price within 7 days of the due date and receipt of the invoice or an equivalent payment list.
4. If the buyer is in arrears on a payment, then all the payment obligations resulting from his business relationship with us, including those for which bills of exchange have been given, will fall due, effective immediately. In such a case, we are entitled to interest payments from the date in question at the legally specified interest rate. The seller reserves the right to provide evidence of additional damages.
5. The buyer is only entitled to offset, even if a claim of defect or a counter-claim is made, when the counter-claims have been legally confirmed or are uncontested. The buyer is only entitled to exercise a right of retention if his counter-claim applies to the same contract.
§ 9 Warranty / Liability
1. The buyer shall inspect the delivery for completeness, shipping damage, obvious defects, quality and features. Claims relating to obvious defects shall be communicated to us by the buyer, in writing, within 5 days from the time of the contractual delivery .
2. We are not obligated to fulfil warranty obligations if the buyer does not give us written notice of obvious defects in a timely manner. If there is a defect attributable to us in the delivered product, and the buyer has made a complaint in writing, we are obligated to remedy the defect. Such remediation will thereby cancel the buyer’s right to cancel the contract or to claim a price reduction, unless we are entitled, because of statutory provisions, to refuse to remedy the defect. The buyer must allow us a suitable time frame in which to remedy each individual defect.
3. The remediation can, according to the buyer’s choice, comprise remediation/repair of the delivered article or the delivery of a new replacement article. We are entitled to refuse the buyer’s choice of remediation if that choice will involve unreasonable cost. A remediation attempt will be considered to have failed after the second failed attempt. If the remediation has failed, or the buyer has refused any remediation, the buyer can, at his choice, demand either a price reduction or the cancellation of the contract.
4. Claims for compensatory damages pursuant to the following conditions can first be made by the buyer when the attempted remediation has failed or if we have refused to undertake remediation. The right of the buyer for further compensation according to the following conditions will be unchanged by this.
5. We are unconditionally responsible, pursuant to applicable statutory provisions, for intentional or grossly negligent breach of duty as well as for damages resulting from injury to life, body or health. Otherwise, we are liable for damages only in those cases where the breach of contract is obviously of reasonable significance for the accomplishment of the contract purpose, and the damages must be limited to an amount corresponding to normal, foreseeable damages.
6. The limitation of liability pursuant to § 5 is correspondingly valid for other than contractual claims, in particular claims based on tort, with the exception of claims under the Product Liability Act. This limitation also applies for our employees, workers, representatives and subcontractors.
7. Any further liability is hereby excluded, regardless of the legal nature of the claim. Insofar as the liability of the seller is excluded or limited, this will also apply to the personal liability of its employees, workers, representatives and subcontractors.
8. The right of cancellation pursuant to § 312g paragraph 1 of the German Civil Code, in the case of remote sales contracts pursuant to § 312c paragraph 1 of the German Civil Code, is precluded pursuant to §312g paragraph 2 no 1 of the German Civil Code for products that are not prefabricated and for whose manufacture it is necessary that choices or design decisions be made by the buyer.
§ 10 Retention of title
1. We reserve the expressly extended and expanded reservation of title to the goods (goods subject to retention of title) until the receipt of all payments specified in the purchase contract. The delivered goods will first become the property of the buyer when he has fulfilled all his obligations arising from the business relationship, including side claims, damage compensation claims and collection of checks.
2. The buyer must inform us in writing, without delay, of any actions by third parties, in particular, of foreclosure proceedings as well as any other impairments of his assets. The buyer must make good to us all damages and expenses that may arise from breach of this duty and from any necessary measures that must be undertaken for protection against actions by third parties.
3. If the buyer does not fulfil his payment obligations despite being given notice by us, then we are entitled to demand the surrender of the reserved items in his possession without previous notice. The resulting shipping costs shall be borne by the buyer. Seizure of reserved items by us shall always constitute a cancellation of the contract. After taking back the purchased goods, we shall be entitled to dispose of them and offset the proceeds derived from the disposal against the liabilities of the buyer.
§ 11 Place of fulfilment
1. The place of fulfilment for payments is Berlin; for our deliveries, it will be the shipping location.
§ 12 Data processing
1. The purchaser agrees that buyer data obtained in connection with the business relationship pursuant to the Federal Data Protection Act can be used by the seller in the pursuance of its own business purposes, in particular storage of the data or transmission of it to a credit information organization, insofar as this is done in the context of the intended purpose of the contract or is required for the safeguarding of our legitimate interests.
§ 13 Severability Clause
1. Amendments or supplements to the contract or to these general Terms and Conditions must be made in writing to be valid. If a provision of these Terms and Conditions becomes void or unenforceable, this will not affect the validity of the remaining provisions.
2. If a single provision becomes void, the equivalent legal provision will become applicable.
§ 14 Place of Jurisdiction, Applicable Law and Arbitration
1. The contractual relationship between the buyer and us shall be exclusively governed by the law of the Federal Republic of Germany even if the buyer has its place of residence or business domicile elsewhere. The application of standard international law regarding movable goods as well as the law on the conclusion of international contracts of sale of movable goods is excluded.
2. The buyer is not entitled to transfer claims from the purchase contract without permission of the seller.
3. If the buyer is a businessman, a legal person pursuant to public law, or a public special fund, then the place of jurisdiction for both bills of exchange and checks will be Berlin. We are, however, entitled to sue the buyer at his normal place of jurisdiction.
4. We will not participate in dispute settlement proceedings with a consumer arbitration body.