Terms and Conditions - general terms of business

Terms of delivery and payment terms

1. Universal
For all our deliveries to enterpriser for the purposes of §14 Civil Code exclusively the following conditions find use. Changes of these conditions need the written form. They are also valid if the buyer refers in particular with the placing of order to own terms of business, unless, this was expressly agreed.

2. Offers and orders
2.1 All our offers are not-binding, sent patterns are always non-binding. The contract is valid as closed if we have sent on an order a written confirmation or our confirmation of order is countersigned by the buyer. Changes in amount, kind and creations need the written form and our confirmation. Asking prices are net prices and get on plus of the legal value added tax.
2.2 If the buyer withdraws from his order, we always calculate 100% of the order sum.

3. Payments
3.1 Payments of the buyer have to come in advance immediately after calculation entrance with us. Electronically transmitted calculations in correct form with all necessary duty data can substitute for original calculations. There is no claim to wait for the arrival of an original calculation. Cheques and Changes gave are valid only after redemption as a payment. The change acceptance always needs the preceding written arrangement with us.
3.2 In case of the delay interests on arrears are calculated at the rate of 5% p.a. about the valid base interest rate sentence of the European central bank. They are higher or lower to begin if the shop assistant proves a load with a higher interest rate or if the buyer a lower load. The assertion of an other delay damage is expressly left.
3.3 All demands against the buyer become due immediately if the buyer gets with the payment of a demand in delay or stamps in his property relations after sending the confirmation of order in an essential deterioration.
3.4 Price changes are allowed if lie between contract end and agreed date of delivery more than six weeks. If the wages, cost of materials or the deuce prices according to market increase after six weeks after completion of the contract up to the completion of the delivery, we are entitled to raise the price appropriately according to the cost increases. The buyer is only entitled to the resignation if the price increase exceeds the increase of the general cost of living between order and delivery around more than 12 percent points. If the buyer is a businessman for the purposes of the HGB, a legal entity of the public right or a public law special property, are allowed price changes according to the precalled regulation if lie between completion of the contract and agreed date of delivery more than six weeks. If the buyer is a businessman for the purposes of the HGB, a legal entity of the public right or a public law special property, the restraint of payments is not admissible because of some counterclaims not approved by us of the buyer, just as little the compensation with such.
3.5 Credits in favour of the buyer occur without recognition of a legal duty and found no claim to restitution any of made payments. Settlement of the credited amount with before production of the credit already to existing demands is inadmissible. Settlement with future orders is possible.

4. Retention of title
4.1 The delivered product remains up to the full payment of all demands including any interest our property.
4.2 We are entitled to require any time the publication of the product standing in our property if the buyer is in delay.
4.3 The buyer has to inform us immediately of all accesses of third to the product standing in our property.
4.4 Protection conveyance, protection sales, pledging/mortgaging as well as other orders about the product standing in our property need our approval.
4.5 The buyer is obliged to insure of the product standing in our property on his costs and in our favour enough against theft, robbery, burglary, fire damage and water damages. The buyer resigns all insurance claims arising out of this by now to us.

5. Delivery
5.1 Deliveries occur on danger and costs of the receiver. We reserve ourselves the supply. Packing charges are charged to the cost price.
5.2 On offer and in the confirmation of order called terms of delivery are only approximate and not obliging. For transport delays and by damage of the packaging caused defects we assume no liability.
5.3 The obligation goes out for the observance of a fixed appointment if the buyer does not transmit the information necessary to the production and documents within the demanded term to the shop assistant. This is valid also if the buyer does not make the advance payment immediately or completely or the release is not occurred to the production in the demanded time or without restriction or colour, form, print or packaging of the object of delivery is changed by request of the buyer ("author's change"). Extensions of deadline on account of information transmitted incompletely or too late, presentations, patterns, payments or releases are non-linear as a rule.
5.4 Objections of open defects must be informed of us in text form immediately, at the latest however, within three days after receipt of goods; with hidden defects the communication must immediately occur within three days after discovery of the defects. Delivery into three parts by order of the buyer is not confined from this obligation and also does not extend the term. We have, in any case, the right of the finishing touches or spare delivery. In the case of a use of the delivered product in parts or as a whole to the planned one or a similar purpose or in the case of a passing on into three parts in spite of occurred objection the treatment of the objection on goodwill base is left to the shop assistant.
5.5 More or less amounts up to 10% of the ordered amount and their calculation / credit for the agreed price plus any add-on costs for transport we reserve ourselves. This percentage can be adapted after arrangement on a maximum value of 2%. Exclusion of More mixes is possible under acceptance of less amounts on instruction.
5.6 By refusal or delay of the acceptance of the product by the buyer whose fulfilment assistants or third to whom is delivered by his order, become costs for several delivery tries and if necessary calculates warehouse charges.

6. Guarantee
6.1 In the guarantee case the rights of the buyer limit themselves first to finishing touches or to free spare delivery against return of the complained delivery. Merely with miss of the finishing touches or spare delivery the buyer is entitled after his choice to the decrease or to the resignation of the contract.
6.2 Guarantee claims do not exist if the buyer has made changes or repair claims without our previous approval or has arranged.
6.3 Guarantee claims are entitled only to the immediate buyer and are not transferable.
6.4 Customary, slight or technically conditioned divergences of size, weight, pattern, colour, state, function etc. compared with presentations we reserve ourselves. In particular material colours and printing inks can deviate on account of the different production procedures and printing methods from the default or from before sent patterns. Technical designations are based exclusively on manufacturer's data. Construction changes, form changes or creation changes which are to be led back on the improvement of the technology or on demands of the legislator are left during the delivery time.

7. Liability
We stick from offence only with coarse carelessness or intention, however, not after the respective goods value standing in connection with the damage. These restrictions are not valid by injury of life, body and health. For the rest, the liability is excluded. In particular a liability of the shop assistant is excluded by delays of delivery by higher power or other reasons which lie beyond the sphere of influence of the shop assistant also with fixed appointments. The preceding regulations are also valid with actions of our assistants and fulfilment assistant.

8. Contractual right to rescind
We are entitled to withdraw from the contract if the economic relations of the buyer get worse after contract end substantially or turns out after contract end that the buyer is insolvent.

9. Copyright, legal regulations and norms
We reserve ourselves all rights in our printed or electronic publications or made advertising articles as well as publicity event ideas. This is also valid for any reproduction or storage of printed or electronic advertising means catalogues as well as for proposal lists. The buyer assures with order clarification that he disposes of the suitable rights to the use for the realisation of the order to creation elements to be used, in particular logos and protected brand
names. The buyer further assures that the job-oriented creation of the advertising means offends neither against the competitive right or other legal regulations and valid norms nor against right third. The buyer releases the shop assistant from the liability for advertising material damages or personal damages as well as from claims of third because of injuries of rights, laws and norms or because of offence against the competitive right. The buyer agrees by transmission of his creation presentations of a use of the ready winning over by means of or his picture as an authoritative pattern of the shop assistant. This use can occur chronologically indefinitely after end of a production. The shop assistant is entitled to attach a manufacturer's tip in the form of an Internet address at suitable place of the advertising material.

10. Other
10.1 Transference of rights and duties of the buyer from the contract closed with us needs to her effectiveness of our written approval.
10.2 The possible ineffectiveness of single conditions leaves the effectiveness of the remaining conditions untouched.
10.3 Place of fulfilment for all achievements, as well as legal venue is Berlin Germany.
10.4 Orders and deliveries are defeated by exclusively German right to the exclusion of the laws about the international one.

Purchase of movable things, even if the transactions are made abroad and/or the buyer his company headquarters abroad has.
State 10.10.09, www.caass.eu, Brüggemannstr.8, 12157 Berlin