Imprint
D.+D. DISPLAY + DRUCK GmbH
Postbox 12 16, D-24548 Henstedt-Ulzburg, Germany
Suhlenkamp 4, D-24558 Henstedt-Ulzburg, Germany
Phone +49 4193 8892-60
Fax +49 4193 8892-68
mail@display-und-druck.de
www.display-und-druck.de
CEO: Dirk Beyer-Rogée
Ust-Id: DE 118543723
HRB 3154 (Norderstedt)
General terms and
conditions of sale
by the company d.+d. Display + Druck GmbH
I. Universal
The deliveries, performances
and offers of the order taker follow exclusively on account of these terms of
business. The general terms and conditions are also valid for all future
business relations, even if they are not expressly agreed again. Herewith
counterconfirmations of the client with reference to his terms of business is
contradicted. Divergences of these conditions are only effective if we have
confirmed them in writing.
II. Offers and contract conclusion
1. Our offers are basically not binding. If nothing else
is stated on offer, it concerns with all for this order printable materials
(e.g., paper, cardboard etc.), apparatuses and makings (e.g. films, reproes,
proofs, plates of printing, stamping die molds etc.) and materials for the
other processing, as well as with all additional expenses for the distribution
(e.g., special packaging etc.) around the current prices which can be adapted
of the respective prize situation at the production time.
2. Offers of the customer, they are written or verbal,
are accepted only by the written purchase or of us.
3. With the placing of order the customer commits to take
the ordered products and works and to pay.
4. The customer agrees with the fact that pictures of the
produced products are used in our publications and advertisements.
5. Pictures and descriptions in our sales bases are not
binding, because technical changes are always possible. Also the reference to
German Institute for Standardization norms shows no assurance of qualities.
III. Delivery
1. The delivery follows basically from company of the
contractor and is charged if no other arrangements were met.
2. Should the product be sent, carries the danger of the
security of the customers, as soon as the consignment was handed over to the
person responsible for the transport. The kind of the sending is left basically
to us. Policies for the transport are taken out only at special wish and
invoice of the customer.
3. Part deliveries are - as far as this is technically
necessary - allowed. Also one is to be looked by the order by height to +/-10%
of divergent more or unterdelivery than industry-customary and, hence, allowed
and are charged.
4. A delivery time can be always only an approximate
time. A liability for delayed delivery is excluded. Should a fixed date be
expressly agreed, the cooperation duties of the customer and their dates are to
be fixed in detail. If the customer does not keep to one of these dates, the
firm bargain is cancelled. This is also valid in case of additional order
changes or adaptations.
5. Devices, forms, tools, films, subscriptions and other
bases remain our property, even if they are paid by the customer. We are
entitled to use these objects for other works.
6. If the customer has been informed that the product is
ready to the collection, the product must be puck up within 10 days. Then the
product is valid as taken.
7. The customer provides for a proper disposal of the
transport packaging for the purposes of the packaging order.
IV. Prices
1. The prices are valid basically net ex works plus value
added tax, without cargo, postage, insurance and other forwarding expenses. An
adequate cash advance can be required in every stage of the order realisation.
2. The invoice price can deviate from the order price if
the abovementioned changes have entered, the customer changes has required, or
a more or short delivery is to be considered.
3. In the prices only the easy collective packaging (wrapping) is included.
Other packing charges are charged.
4. Additional changes at the instigation of the customer
are charged. This is also valid for repetitions of test prints which are
required by the customer because of minor deviation of the presentation or his
specifications.
5. By request of the customer erected samples, test
prints and designs etc. are charged separately, even if the order does not
reach for the implementation.
V. Terms of payment
1. Our invoices, also for part
deliveries, are to be paid as follows:
• With commodities within 8 days from invoice date less
2% of cash discount or in 30 days net without deduction.
• With plant performances and paid labours net without
deduction by delivery.
• By tools 1/3
with placing of order, 1/3 with completion, 1/3 by presentation of the
financial loss samples.
• Payments become settled first at the expenses of and interest, then at
the oldest due demand towards the customer.
2. Cheques and changes
are accepted only as a means of payment, possible business expenses or expenses
for the redemption of cheques or changes go to costs of the exhibitor.
3. If the customer is with the payment of an invoice all
or part in delay, we can charge for interests for delay of 8% of points about
base interest rate clause of the German Central Bank.
VI. Retention of title
1. Up to the entire payment of all demands from the
business connection the delivered product remains our property. Changes and
cheques are valid only by her unconditional and irrevocable credit.
2. The customer is entitled to the resale of the
reservation goods only within the scope of his proper business enterprise. The
customer resigns his demands from wide disposal herewith to us. Herewith we
accept the cession. At the latest at the time of the delay entry the customer
must call the debtor of the resigned demand.
VII. Guarantee
1. The customer immediately has to check the correctness
of the product as well as the preproducts sent to correction and interproducts,
in any case, according to the contract. The danger of any mistakes goes with
the explanation that can be printed or produced on the customer, as far as it
does not concern mistake which have originated only in the manufacture process
joining the explanation or could be recognised. The same is valid for all other
release certificates of the customer.
2. Evident shortages are to be indicated within one week
after reception of the product in writing, hidden shortages within one week
from discovery or be known; otherwise the assertion of a guarantee claim is
excluded.
3. With entitled objections the contractor is obliged
first after his choice to the finishing touches and / or spare delivery and is
entitled. If the contractor of this liability within an adequate duty does not
follow or the finishing touches miss several times, the customer can assert
decrease or withdraw from the contract. Complained product is to be sent back
at the expenses of the customer. If the shortage rebuke turns out entitled, the
forwarding expenses are refunded.
4. Shortages of a share of the delivered product do not
entitle to the objection of the whole delivery, unless the part delivery is for
the customer objectively without every interest.
5. If it concerns with a defective share product which
comes from third persons, we can escape from the guarantee duty by cession
ourselves of being entitled guarantee claims towards third persons.
6. Finishing touches or spare delivery can be refused if
the agreed remuneration was not paid. Inessential shortages do not entitle to
the assertion of a retention right.
7. With coloured reproductions in all production
procedures minor deviations cannot be complained by the original. The same is
valid for the comparison between other presentations (e.g., digitally proofs,
to pressures) and the end product. In addition, the liability for the shortages
which do not affect the value or the use efficiency or only slightly is
excluded.
8. Every liability is limited basically to the order
value. The liability for secondary damages is excluded, unless, the damage can
be led back on deliberate or roughly careless action by us. We assume no
liability for damage which have originated from failure assistants. With a
damage by higher power every liability is excluded.
9. The facts delivered by the customers are not checked
basically. With data transfers the customer has to use the newest protective
programmes against viruses before the remittance.
VIII. Archiving / Injury the right third
1. To the customer being entitled products, in particular
dates and data carriers, are kept by the contractor only according to the
explicit arrangement and against reimbursement for the time after order
processing.
2. The customer sticks alone if the right third persons
are affected by the implementation of the order. He is obliged to release third
persons to us from all claims.
IX. Place
of fulfilment, legal venue, effectiveness
1. Place of fulfilment and legal venue are
if the customer is a businessman, legal entity of the public law or publicly
juridical special property or has in Germany no general legal venue, for all
litigations arising from the contractual relationship including cheque, change
and documents processes, the seat of the contractor.
2. Should a provision of a contract be ineffective all or part, the
effectiveness of the other regulations is not touched through this.
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