Terms and conditions

General terms of delivery and payment

I. General
1. Our offers of the industrial price list are aimed exclusively at customers who use the goods exclusively in the exercise of their commercial or independent professional activity, as well as to legal entities of private and public law and to public special funds. Upon request, the customer has by sending his VAT registration number as an entrepreneur i.S.v. Legitimize § 14 BGB.
2. Our terms and conditions apply exclusively; We do not accept conflicting or deviating terms and conditions of the customer, unless we have explicitly and in writing agreed to their validity. Our terms and conditions also apply if we provide the service to him without reservation in knowledge of conflicting or deviating from our terms and conditions of the customer.

II. Offers, conclusion of contract
1. The presentation of our goods in the price list does not constitute a legally binding offer. A legally binding contractual relationship only comes about by the transmission of an order confirmation by us.
2. Punching tools and printing plates made to order remain our property and are available for reordering for a period of 3 years. The customer is not entitled to delivery of these tools or printing plates.

III. Prices and minimum order value
1. The prices indicated in our price list are exclusive of the value added tax applicable on the day of invoicing and plus shipping costs.
2. The minimum order value is 35,00 €. For orders below a value of 35.00 € we charge a small invoice surcharge of 10,00 € plus VAT.

IV. Terms of payment
1. Unless otherwise stated in the order confirmation, the amounts of our invoices are due immediately and payable within 14 days of receipt of the invoice with 2% discount or within 30 days without deduction.
2. We reserve the right to deliver goods to unknown customers exclusively by advance payment or cash on delivery.
3. If the customer is in default of payment, we are entitled to demand statutory default interest. We reserve the right to document greater damage.
4. The customer is only entitled to offsetting rights if his counterclaims are legally established, undisputed or acknowledged by us.

V. Assignments
1. The assignment of claims against us is effective only with our written consent.

VI. Shipping and transfer of risk
1. Deliveries are made ex works Alsdorf. The respective delivery times result from the order confirmation.
2. Shipping method and shipping are at our discretion. If we give the request to the customer regarding a different route or choice, the customer bears the additional costs.
3. Deliveries of stock items are made from a value of 500.00 € within Germany free house.
4. The risk passes to the customer as soon as the goods have left our distribution warehouse.
5. Our liability in the event of default in delivery is limited to 0.5% of the delivery value for each full week of delay as part of a flat-rate compensation for default, but no more than 5% of the delivery value.

VII. Retention of title
1. We reserve the ownership of the goods until the fulfillment of all claims against the customer, even if the specific goods have already been paid.
2. The customer must inform us immediately about the execution of third parties in the goods subject to retention of title, handing over the documents necessary for an intervention; this shall also apply to any other kind of impairment. The customer shall bear our costs of a necessary intervention insofar as the third party is not in a position to reimburse them.
3. In the case of the resale of the reserved goods, the customer hereby assigns to us for security purposes the claims arising from the said transactions against his customers until all our claims have been fulfilled.
4. If the value of the security exceeds our claims against the customer by more than 20%, then we have to release at the request of the customer and according to our choice our due securities in appropriate extent.

VIII. Complaints, warranty
1. The customer is obliged to examine the delivered goods. Obvious defects must be reported to us in writing immediately after delivery. Defects that become apparent later must be reported in writing immediately after discovery by the customer. Failing this, the goods are considered approved.
2. Defects of the delivered goods shall be remedied by us within a period of one year from delivery after notification by the customer. This is done at our option by free repair or replacement. In the case of replacement, the customer is obliged to return the defective goods.
3. If the defect can not be remedied within a reasonable period of time or if the repair is deemed to have failed for other reasons, the customer may, at his option, demand the reduction of the remuneration or, if the defect is not insignificant, withdraw from the contract.
4. Guarantees in the legal sense, the customer does not receive by us.

IX. Damages, disclaimer
1. Our liability for breaches of contractual obligations and offenses is limited to intent and gross negligence. This does not apply to injury to life, body, health of the customer, claims for breach of cardinal obligations, i. Obligations arising from the nature of the contract which, if breached, endanger the achievement of the purpose of the contract and the compensation for damages caused by default. Insofar we are liable for every degree of indebtedness.
2. The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by our vicarious agents.
3. As far as a liability for damages, which are not based on the injury of life, body or health of the customer, for light negligence is not excluded, such claims lapse within one year starting with the emergence of the claim.
4. If the customer for no reason back from the contract or he does not meet the contract, we can demand 25% of the contract sum as compensation. The assertion of demonstrably deviating damage remains reserved to both parties.

X. Responsibility and obligations of the customer
1. He is solely responsible for the content and information that the customer provides during the creation of a print product or during the ordering process. By submitting files, photos, etc., the customer confirms that he has the right to disseminate and reproduce the corresponding content. The customer further guarantees that the contents do not violate applicable law.
2. The customer grants us a simple right to use the transmitted data and image products for the production of print products. The customer agrees that production samples may be used by us for future advertising purposes, unless expressly agreed otherwise.
3. We reserve the right to refuse to execute an order if there are verifiable indications that the customer has violated the aforementioned regulations. Claims for damages of the customer are excluded in this case.

XI. final provisions
1. Place of fulfillment and payment is our place of business (Alsdorf).
2. German law applies exclusively. The validity of the UN sales law is excluded.
3. The exclusive place of jurisdiction is the court having jurisdiction over our registered office.

As of: 14th May 2013



PASSATGUMMI Schreven GmbH & Co. KG | Gutenbergstraße 4 | D-52477 Alsdorf | Tel.: +49 (0)2404 / 67551-0