Terms and Conditions of DisplayManufaktur Hamburg GmbH
I. Scope, Conclusion of contract
Orders are executed exclusively on the basis of the following conditions.
Deviating regulations must be in writing.
1. The prices quoted in the contractor’s offer are subject to the proviso that the order data on which the offer is submitted remain unchanged, but no later than four months after receipt of the offer by the client. In the case of orders with delivery to third parties, the customer shall be deemed to be the principal, unless otherwise expressly agreed.
The Contractor’s prices do not include VAT.
The prices of the contractor are ex works. They do not include packaging, freight, postage, insurance and other shipping costs.
2. Subsequent changes at the instigation of the client including the resulting machine downtime will be charged to the client. Subsequent changes also include repetitions of trial prints which are requested by the client due to minor deviation from the original.
3. Sketches, drafts, sample sets, test prints, samples, proofs and similar preparatory work initiated by the client will be charged.
1. Payment must be made immediately upon receipt of the invoice without any deduction. Any cash discount agreement does not cover freight, postage, insurance or other shipping costs. The invoice will be issued under the day of delivery, partial delivery or readiness for delivery (debt, default of acceptance).
Bills of exchange are only accepted after special agreement and on account of payment without discount. Discount and expenses are borne by the client. You are to be paid by the client immediately. The contractor is not liable for the timely submission, protest, notification and return of the bill of exchange in the event of non-payment, unless he or his vicarious agent is guilty of intent or gross negligence.
2. In the case of exceptional inputs, a reasonable advance payment may be required.
3. The customer can only set off an undisputed or legally established claim. A client who is a registered trader within the meaning of the German Commercial Code (HGB) is not entitled to any rights of retention. However, the rights under § 320 BGB (German Civil Code) will be retained as long as and to the extent that the contractor fulfills its obligations under Section VI. 3. has not complied.
4. If the fulfillment of the payment claim is jeopardized because of a deterioration in the financial circumstances of the client that occurred or became known after conclusion of the contract, the contractor may demand advance payment, withhold goods not yet delivered and cease further work. The contractor is also entitled to these rights if the customer is in default of payment for deliveries based on the same legal relationship.
5. In the event of late payment default interest in the amount of 8% above the respective base interest rate of the Deutsche Bundesbank shall be payable. The assertion of further damage caused by default is not excluded hereby.
1. If the contractor has committed to shipping, he takes this for the client with the necessary care, but is liable only for intent and gross negligence. The risk passes to the client as soon as the shipment has been handed over to the person carrying out the transport.
2. Delivery dates are only valid if expressly confirmed by the contractor. If the contract is concluded in writing, the confirmation of the delivery date also requires the written form.
3. If the contractor is in default, he must first be granted a reasonable period of grace. After fruitless expiry of the grace period, the client can withdraw from the contract. § 361 BGB remains unaffected.
4. Operational disruptions – both in the operation of the contractor and in that of a supplier – in particular strike, lockout and all other cases of force majeure, do not entitle to the termination of the contractual relationship. The principles governing the abolition of the business foundation remain unaffected.
5. The contractor shall be entitled to a right of retention according to § 369 HGB (German Commercial Code) to print and stamp templates, manuscripts, raw materials and other objects delivered by the client until the full settlement of all due claims from the business relationship.
6. The contractor shall take back packaging within the scope of the obligations imposed on him by the Packaging Ordinance. The client may return packaging at the contractor’s premises during normal business hours upon prior notification in advance, unless he has been designated another acceptance / collection point. The packaging may also be returned to the contractor at the time of delivery, unless it has been designated another acceptance / collection point. Packaging will only be taken back immediately after delivery of the goods, with subsequent deliveries only after timely prior notification and provision. The costs of transporting the used packaging are borne by the client. If a named receiving / collecting point is further away than the Contractor’s business, the Client shall only bear the transport costs that would be incurred for removal to the Contractor’s premises. The returned packaging must be clean, free of foreign matter and sorted according to different packaging. Otherwise, the contractor is entitled to demand from the client the additional costs incurred during disposal.
V. Retention of title
1. The delivered goods remain the property of the contractor until full payment.
2. The following regulations apply only in commercial transactions: The delivered goods remain his property until full payment of all existing claims of the contractor against the customer on the date of invoice. The client is only entitled to resell in the ordinary course of business. The client hereby assigns his claims from the resale to the contractor. The contractor hereby accepts the assignment. At the latest in case of default, the client is obliged to name the debtor of the assigned claim. If the value of the collateral existing for the contractor exceeds its claim by a total of more than 20%, the contractor is obliged to release at the choice of the contractor at the request of the client or a third party affected by the over-security of the contractor.
3. In the case of processing or processing by the contractor and the goods in his possession, the contractor shall be regarded as the manufacturer in accordance with § 950 BGB and shall retain title to the products at any time during the processing. If third parties are involved in the processing and processing, the contractor is limited to a co-ownership share amounting to the invoice value of the reserved goods. The thus acquired property is considered reserved property.
VI. Complaints, warranties
1. The client must always check the conformity of the delivered goods and the preliminary and intermediate products sent for correction. The risk of any errors shall be transferred to the client with the Print Approval / Ready-to-Process declaration, insofar as these are not errors that have arisen or could only be detected in the production process following the print-approval / production-ready declaration. The same applies to all other release declarations by the client.
2. Complaints are only allowed within one week after receipt of the goods. Hidden defects which can not be found after the immediate examination must be asserted within the statutory warranty period.
3. In the case of legitimate complaints, the contractor is under his choice to the exclusion of other claims for repair and / or replacement, up to the value of the contract, unless a guaranteed property is missing or the contractor or his vicarious agent intent or gross negligence to the load. The same applies to the case of a legitimate complaint of repair or replacement. In the case of delayed, omitted or unsuccessful repair or replacement delivery, the customer may demand a reduction of the remuneration (reduction) or cancellation of the contract (cancellation).
4. Defects of a part of the delivered goods do not entitle to the complaint of the entire delivery, unless the partial delivery is of no interest to the client.
5. In the case of colored reproductions in all manufacturing processes, slight deviations from the original can not be objected to. The same applies to the comparison between proof and print run.
6. The contractor is liable for deviations in the quality of the material used only up to the amount of its own claims against the respective supplier. In such a case, the contractor is exempt from liability if he assigns his claims against the supplier to the client. The contractor is liable insofar as claims against the supplier are not made or are not enforceable by the contractor.
7. Subcontracts (including data carriers) by the client or by a third party engaged by him or her are not subject to any examination obligation on the part of the contractor.
8. Excess or short deliveries up to 5% of the ordered edition can not be objected to. Charged will be the amount sent. For deliveries of custom-made paper smaller than 1,000 kg, the percentage increases to 20%, below 2,000 kg to 15%.
1. The contractor is liable in principle only insofar as he has caused damage through intentional or grossly negligent action.
2. Otherwise, the following conditions apply to the liability of the contractor for negligence:
Claims for damages due to consequential damage, from positive breach of contract, culpa in contract conclusion and tort are excluded. If the order is the subject of contract processing or further processing of printed matter, the contractor shall not be liable for the resulting impairment of the product to be processed or further processed.
Claims for damages due to impossibility and delay are limited to the amount of the order value (own contribution excluding advance payment and material).
3. The above limitations of liability apply equally to the vicarious agents and vicarious agents of the contractor.
4. In commercial transactions, the contractor is always liable only for damage caused by intent or gross negligence.
5. The above limitations of liability shall not apply to culpable violations of essential contractual obligations, insofar as the achievement of the purpose of the contract is endangered, in the absence of warranted characteristics and in cases of mandatory liability under the Product Liability Act.
VIII. Periodical work
Contracts for regularly recurring work can be terminated with a notice period of at least 3 months to the end of a month.
The client is solely liable if the execution of his order violates rights, in particular copyrights of third parties. The client must indemnify the contractor against all claims of third parties for such an infringement.
X. Outsourcing of excess capacity
The contractor is entitled to handle orders due to capacity bottlenecks or for economic reasons with a cooperation partner.
The contractor may refer to the contract goods with the consent of the client in a suitable manner to his company. The client can refuse the consent only if he has a predominant interest in this.
XI. Place of fulfillment, jurisdiction, effectiveness
1. Place of fulfillment and place of jurisdiction, if the client is a registered trader within the meaning of the German Commercial Code or has no general place of jurisdiction in Germany, for all disputes arising from the contractual relationship, including check, bill of exchange and documents, the registered office of the contractor. The contractual relationship is governed by German law. UN-Kaufrecht is excluded.
2. Any ineffectiveness of one or more provisions shall not affect the validity of the remaining provisions.