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  1. Our prices are subject to change, the deliveries take place in accordance with the respective current prices. The costs for delivery are paid by you and it is at your own risk.
  2. Orders and agreements get only binding for us at the time of invoicing or written confirmation. For taken-on orders, also those confirmed in writing, the possibility of supply is subject to change. We are entitled to withdraw from the delivery obligation completely or partly, if the delivery is made impossible due to force majeure, interruption of operation, delivery problems of the pre-supplier or other circumstances which we are not responsible for. In this case the customer has no right of replacement delivery or compensation. If any doubts occur regarding the creditworthiness of the customer, we are entitled to renounce any obligations formerly agreed to or to send cash-on-delivery.
  3. For articles in stock from the Officeline Programme worth EUR 170,00 (net) and more, there is a carriage-free delivery. For smaller orders, there is a freight charge of EUR 15,00. Custom-made products are delivered ex works, packaging at cost.
  4. Interruptions of operation and incidents caused by force majeure, also if they occur on the side of our suppliers of the raw material, discharge us from any delivery obligation. Changes in the creditworthiness of our customers also entitle us to reach new agreements. Deviations in colour, thickness and weight compared with the samples or earlier deliveries do not entitle to complaints, as long as they are in accordance with standard commercial practice. We are only liable for the non-fading, variability and deviations of colours and bronze as well as for the nature of the gumming, paintwork, impregnation etc., if the defects of the materials were discernible during proper testing before their use. As far as custom-made productions like, for instance, special covers made of synthetic material, special adhesions, spiral bindings, film laminating, paintwork, gumming, impregnation etc. are carried out by a third company, the delivery conditions of the respective line of business apply, which are available to the customer on request. Material obtained by the customer must be delivered carriage-free. We acknowledge receipt of this material without offering a guarantee for the accuracy of its quality and the stated amount. The customer will be charged with any costs resulting from storage, expenses for numbers or weight measurement or checking of the delivered amounts.
  5. Complaints can only be taken into consideration within 8 days of receiving the delivery. Defects in one part of the delivery cannot lead to a complaint about the complete delivery. We have the right to be given the opportunity for subsequent improvement or to a replacement delivery. The goods have to be assessed as to their suitability for processing. As soon as processing begins, it becomes the customer’s liability, since processed goods cannot be taken back. It is also the obligation of the customer to check the delivered goods, if type samples have been sent. Returned goods have to be delivered in perfect packaging and in good condition for reuse. It is not possible to take back goods which have been delivered unreservedly and in accordance with the regulations. In case of hidden defects, which cannot be detected during an immediate examination, the customer can only assert his claims against us, if his notice of defects arrives at our office within 30 days after the goods have left the factory.
  6. In case of well-founded defects the customer has the right to withdraw from the sale contract or to demand a reduction of the purchase price. Any other warranty claims, especially regarding a compensation for damages, are excluded. Other claims for compensation for damages due to the contract, to a fault previous to or during completion of contract and to a tortious act are not to exceed the value of the delivered goods. The value is equivalent to our retail price.
  7. Any other conditions of delivery and payment are not valid and would have to be explicitly confirmed by us in writing.
  8. Our articles in stock or DBGM articles carry our trademark or are branded with a feature at a discrete spot.
  9. If not explicitly contradicted by the customer, we reserve the right to label all our articles with the company name and/or special features.
  10. In case of custom products we reserve the right for excess and short delivery up to 10%. As to multi-colour printing, this percentage increases to 15%. For quantities of less than 500 items the percentage increases to 20-25%, depending on the final number of pieces or the article’s complexity. As for paper and cardboard articles, these percentages increase further in accordance with the deviation clauses of the paper industry, if the material was obtained by us.
  11. We charge for drafts, specimen prints and samples, even if we do not obtain the commission. We correct compositor’s errors free of charge, but changes made necessary due to an illegible manuscript that we cannot be blamed for or to other deviations from the printing template, especially because of corrections made by the customer or the author, we charge for the time that was spent on them. Proof prints, press proofs and print run have to be checked by the customer for compositor’s and other errors and be returned as ready for print. We are not liable for errors which were overlooked by the customer. Corrections given by telephone have to be confirmed in writing. In case of smaller printing commissions and when printed manuscripts are made available, we are not obliged to send a proof print. If a proof print is not requested, the liability is limited to compositor’s errors due to gross negligence. A change after the obtained permission to print results in charging the customer with all expenses, including the costs for a caused machine standstill. Slight deviations from the original in coloured reproductions in any printing process are not regarded as a justified reason for a notice of defects. The same applies for comparisons between the press proofs we presented and the print run, furthermore for slight colour variations within the edition as well as for slight colour deviations from the original.
  12. The keeping and storing of raw material, semi-finished and finished products as well as for produced goods, printing plates, manuscripts and other items which are not requested within 4 weeks after the execution of the commission are left at the owner’s risk.
  13. In case of the production of collections and ready-made clothing, the material made available has to be devoid of rights of third parties, delivered free of charge, with details about the amount and with sufficient processing grant. Quality and amount will not be checked. With the handing-over of the materials the customer acknowledges their ability to be processed. The factory is not liable for defects of materials made available by the customer nor for the resulting consequences. Due to the increasing addition of synthetic fibres to the fabrics or the belated treatment of fabrics with chemicals, the effects of which during the gluing is not known to us, we cannot guarantee the durability of the adhesives we use. Property of other parties is stored uninsured at the owner’s risk. Desired insurances have to be taken out by the owner. Since the materials processed are versatile and differ in their reaction during the processing, conversion privilege and compensation for damages are excluded.
  14. Retention of title: The goods remain the property of the contractor until complete payment of the invoiced amounts, including accessory claims, compensations for damages, future claims and the cashing of cheques and bills presented for payment. The customer is entitled to process and sell the goods in consideration of the following regulations:
    1. The authorization of the customer to process goods subject to retention of title in the course of business in accordance with the regulations ends regardless of the at all times admissible revocation of the contractor in case of the customer’s suspension of payments or if it was applied for the commencement of bankruptcy proceedings or composition proceedings over the latter’s property to stave off bankruptcy.
    2. Through processing goods subject to retention of title the customer, who processes the goods for the contractor, does not acquire ownership of the new thing in accordance with § 950 BGB. If the goods subject to retention of title are processed together with other objects that belong to the customer or that were purchased by the latter under the so-called simple reservation of ownership in accordance with § 455 BGB, the contractor acquires sole ownership of the processing product. If the goods subject to retention of title are processed with other objects that were delivered under the extended reservation of ownership, that is in exclusion of legal consequences of § 950 BGB, the contractor acquires co-ownership of the new thing in a ratio of the invoice value of his goods subject to retention of title to the invoice value of the other processed objects.
    3. The customer hereby transfers claims with all accessory rights resulting from the resale of the goods subject to retention of title to the contractor, including the resale of already processed goods subject to retention of title. The contractor accepts this transfer. If the processing product contains not only the goods subject to retention of title of the contractor but also those objects that either belonged to the customer or were delivered to the latter under the so-called simple reservation of ownership in accordance with § 455 BGB, the customer transfers the complete purchase-money claim to the contractor. In the other case, that is the coincidence of previous cessions to several suppliers, the contractor is entitled to a fraction of the respective purchase-money claim in accordance with the above stated regulation b).
    4. The contractor will not collect the transferred claims as long as the customer honours his financial commitments. But the customer is obliged to present the contractor on demand a detailed list of those claims that the latter is entitled to, stating the name and address of the ones who purchased the goods, the amount of the single claims, date of the invoice etc. Furthermore, the customer has to notify those who purchased the goods from him about the transfer of claims and must give the contractor all necessary data for the latter’s assertion of the transferred claims. The customer is entitled to collect those claims himself as long as the contractor does not instruct him otherwise. As soon as the customer is behind with a payment or his financial circumstances deteriorate considerably, he authorizes the contractor to inform those who purchased the goods in question about the transfer of claims so that the contractor can collect the claims himself. In this case the contractor can demand that the customer permits him to send a representative who verifies the number of transferred claims by consulting the customer’s bookkeeping. Payments resulting from those transferred claims have to be kept separately for referral.
    5. The reservation of ownership still remains, if single claims of the conductor are included in a current invoice and the balance is established and acknowledged.
    6. If the securing that is based on the reservation of ownership exceeds the claim that is to be secured by 25%, the contractor will choose which of the fully paid consignments he will unfreeze.
    7. The pawning or collateral assignment of the goods subject to retention of title or of the transferred claims are inadmissible. The contractor has to be informed about pawnings immediately, stating the attaching creditor.
    8. As soon as the customer stops his payments, he is obliged to send the contractor immediately after the announcement of the suspension of payments a list of those goods still under reservation of ownership, even if they have been processed, in addition to a list of claims against third-party debtors and copies of invoices.
    9. If the contractor takes the delivered goods back due to his reservation of ownership, this can only be understood as a withdrawal from the contract, if the contractor explicitly declares so in writing. The contractor can also satisfy himself with the goods subject to retention of title which he has taken back by a direct offering of the latter.
    10. The customer keeps the goods subject to retention of title for the contractor. He has to insure them against fire, burglary and water. The customer hereby transfers his claims for compensation against insurance companies or other substitute liable parties, which result from the kind of damages that are stated in the second sentence of this paragraph, to the contractor in accordance with the amount of his claims.
    11. Rights going back to the reservation of ownership and all its special forms as defined in these conditions are valid until the complete indemnity against contingent liabilities which the contractor has accepted in the interest of the customer.
  15. The following terms of payment apply: 2% discount within 14 days, in 30 days net, both with reference to the date on the invoice. If the payment is made after the due date, we have to reserve to ourselves the right to charge for the offset of default interests in accordance with the amount of interest and costs as it is normal banking practice. The acceptance of bills of exchange we want to arrange with each of you separately.
  16. If there is a complete or partly delay in the customer’s payment, if liabilities of bills of exchange are not fulfilled, if transfers of ownership are made, compulsory measures against the customer carried out or if he sells his business, all claims resulting from this business relationship, including any claims from bills of exchange and cheques as well as any accessory claims are due immediately. In this case the returning of our goods can be demanded without withdrawing from the contract.
  17. The place of performance and jurisdiction for orders placed with the contractor and for payments is Augsburg. With contracting parties who are registered traders, legal entities under public law or by public-law special assets we hereby explicitly agree that Augsburg is the place of jurisdiction. With all other contracting parties we agree that pecuniary claims can be made by judgement note at the magistrates‘ court Augsburg. Augsburg is still the place of jurisdiction, if the contracting party moves its domicile or usual place of residence abroad after the contract was signed or if at the time of the filing of action a domicile or usual place of residence of the contracting party is unknown. Otherwise the legal provisions apply. By placing his order, the customer accepts our general conditions and terms of delivery and payment.
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german © by IBA Hartmann GmbH & Co. KG - Stätzlinger Str. 77 - 86165 Augsburg