Our quotes are based on currently valid prices for materials and wages and are subject to change without notice.
The prices listed are calculated ex-works, excluding packaging and value-added tax.
For special orders, we reserve the right to deliver an excess or shortage of up to 10% of the quantity; that quantity will be invoiced accordingly.
We reserve the right to production-related small irregularities and minor deviations in colour, similarly slight defects in surface and material. Should such imperfections be not visible to the naked eye from approx. 50 cm distance under normal light conditions and do not impair the overall appearance, they do not give rise to a right for replacement or warranty. Tools, such as sieves, film, die cutting tools, which we manufactured or had manufactured in order to execute the order, are and remain our property. When invoicing the customer, only pro-rated amounts will be invoiced. A customer's waiver of submission of a galley proof or press proof releases us from liability for all errors that would have been found had the galley or press proof been properly checked by the customer, unless we are responsible for such errors due to premeditation or gross negligence.
We reserve the right, after prior announcement, to invoice goods we store from call-off orders and to transfer same to a shipping company for storage at customer's expense.
Transfer of Risk / Shipping
Delivery is ex-ramp at the production facility in Herne. Shipment occurs at the expense and risk of the buyer. If the buyer does not specify the shipping method, the method is selected to the best of our judgment. We are not responsible for the cheapest shipment.
Retention of Title
Goods are delivered under retention of title. They remain our property in accordance with the provisions below until any and all receivables, including those arising henceforth from the business relationship, have been paid in full. Payment is due even if our receivables were included in a current account, the balance has been calculated and accepted, and was cleared by the buyer. In addition, the payment is due even if a balance that was calculated and accepted does not show receivables in our favour. Buyer cannot gain the property by processing it into a new item. He processes for us. The processed goods replace the shipped ones. If the buyer processes with third-party goods that we do not own, we become co-owners of the new items relative to the value of our goods compared to the third-party processed goods.
Buyer is entitled to sell the conditional goods, as well as those replacing such goods and those that are our property in whole or in part, in the ordinary course of business, if the new buyer does not object to the relinquishment of our buyer's outstanding purchase price to us. All our buyer's receivables from such a sale are already transferred to us at this time. If the conditional goods, as well as the goods with which they are replaced, are sold along with third-party goods that we do not own, the outstanding purchase price is only relinquished to us to the extent of the value of the conditional goods.
Buyer is authorized to collect the receivables relinquished to us. On our request, he must request payment to us. On our request, he is further required to inform us of the debtors for the relinquished receivables. We are entitled to inform the debtor of the relinquishment and to require payment to us. The receivables relinquished to us expire under the same conditions under which our retention of title expires.
On buyer's request, we will release the collaterals to which we are entitled (conditional property, relinquished receivables), if the value of the collateral, which for conditional property is to be calculated based on the value of the goods, does not exceed the amount of our receivables -- if included in a current account, the amount of the calculated and accepted balance. We reserve the right to select the collateral to be released. We will also release the collateral to which we are entitled if the buyer submits to us an unconditional, open-ended, irrevocable, directly enforceable bond from a financial institution licensed as a customs and tax bondsman in the Federal Republic of Germany, or if the customer provides a comparable collateral in the amount of our receivables -- if included in a current account, in the amount of the calculated and accepted balance.
Graphics / Layout
The customer agrees that graphics and layout data, sorted by customer, is saved and used for repeat orders, while adhering to any and all security and data-protection guidelines. On customer's request, any and all data are deleted irrevocably after the order has been completed.
Notification of obvious defects must be in our possession in writing at the latest on the 8th day after receipt of the goods. We are not responsible for defects resulting from customer's insufficient checking of the galley proof, unless we are responsible of premeditation or gross negligence. In case of legitimate complaints, we deliver replacements free of charge against return of the rejected goods. If the replacement delivery should fail for any reason, the customer is entitled to request reduction of payment or cancellation of the contract. There is no right to further claims, unless we are responsible of premeditation or gross negligence and unless the complaint consists in the absence of a characteristic that has been warranted.
Place of Performance
The place of jurisdiction and performance for all disputes arising from this agreement is Herne, Germany.
Other agreements require our approval in writing.
Period of Validity
Our terms of sale are valid for the entire duration of the business relationship, even if they are not explicitly referenced during order acceptance. If any one of the conditions above is invalid, the other conditions remain unaffected by this.