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General Terms and Conditions PMP Artbooks

 

I Scope of application/conclusion of contract

Orders shall be executed exclusively on the basis of the following terms and conditions. Deviating regulations require written confirmation.

II Prices

  1. The prices stated in the Contractor's quotation shall apply subject to the proviso that the order data on which the quotation was based remain unchanged, but no longer than four months after receipt of the quotation by the Client. In the case of orders involving delivery to third parties, the customer shall be deemed to be the client, unless expressly agreed otherwise. The Contractor's prices do not include VAT. The Contractor's prices 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, shall be charged to the Client. Subsequent changes shall also include repetitions of test proofs requested by the client due to minor deviations from the original.
  3. Sketches, drafts, test typesetting, test prints, proofs, changes to supplied/transferred data and similar preparatory work initiated by the client shall be invoiced. The same applies to data transfers.

III Payment

  1. Payment shall be made immediately upon receipt of the invoice without any deductions. Any discount agreement does not apply to postage, freight, insurance or other shipping costs. The invoice shall be issued on the day of delivery, partial delivery or readiness for delivery (default of acceptance, debt to be collected). Bills of exchange shall only be accepted by special agreement and on account of payment without discount. Interest and charges shall be borne by the client. They are to be paid immediately by the client. The Contractor shall not be liable for the timely presentation, notification and return of the bill of exchange in the event of dishonour, unless he or his vicarious agents are guilty of intent or gross negligence.
  2. In the case of extraordinary advance payments, an appropriate advance payment may be demanded.
  3. The Client may only offset or exercise a right of retention against an undisputed or legally established claim.
  4. If the fulfilment of the payment claim is jeopardised due to a significant deterioration in the financial circumstances of the Client that becomes known after the conclusion of the contract, the Contractor may demand advance payment, withhold goods not yet delivered and cease further work. The Contractor shall also be entitled to these rights if the Client is in arrears with the payment of deliveries which are based on the same legal relationship.
  5. In the event of default in payment, default interest of 8% above the respective base interest rate (Euribor 3 months) published by the Deutsche Bundesbank in accordance with the Discount Rate Transition Act shall be payable. This shall not exclude the assertion of further damages caused by default.

IV Delivery

  1. delivery periods shall be agreed individually at the latest upon conclusion of the contract. If this does not occur, the statutory regulations shall apply in this respect.
  2. the contractor is entitled to make partial deliveries if the partial delivery can be used by the client within the scope of the contractual purpose, the delivery of the remaining ordered goods is ensured and the client does not incur any significant additional work or additional costs as a result.
  3. if the goods are to be dispatched, the risk shall pass to the client as soon as the consignment has been handed over to the person carrying out the transport.
  4. if the contractor is in default, he must first be granted a reasonable grace period. After fruitless expiry of the grace period, the client may withdraw from the contract. § Section 361 BGB remains unaffected.
  5. operational disruptions - both in the Contractor's business and in that of a supplier - such as lockouts, strikes and all other cases of force majeure, shall only entitle the Client to terminate the contract if the Client can no longer be reasonably expected to wait any longer, otherwise the agreed delivery period shall be extended by the duration of the delay. However, cancellation is possible at the earliest four weeks after the occurrence of the operational disruption described above. Liability on the part of the contractor is excluded in these cases.
  6. in commercial transactions, the contractor shall be entitled to a right of retention in accordance with § 369 HGB (German Commercial Code) to printing and stamping templates, manuscripts, raw materials and other items supplied by the client until all due claims arising from the business relationship have been fulfilled in full.

V Retention of title

  1. The delivered goods shall remain the property of the Contractor until all claims of the Contractor against the Client existing on the invoice date have been paid in full. These goods may neither be pledged to third parties nor assigned as security before full payment has been made. The Client must inform the Contractor immediately in writing if and insofar as third parties seize the goods belonging to the Contractor.
  2. The Client is only authorised to resell the goods in the ordinary course of business. The Customer hereby assigns its claims from the resale to the Contractor. The Contractor hereby accepts the assignment. In the event of default at the latest, the Customer shall be obliged to name the debtor of the assigned claim. If the value of the securities existing for the Contractor exceeds its claim by more than 10 percentage points in total, the Contractor shall be obliged to release securities of the Contractor's choice at the request of the Customer or a third party affected by the Contractor's excess security.
  3. If goods supplied by the Contractor and owned by the Contractor are treated or processed, the Contractor shall be regarded as the manufacturer in accordance with § 950 BGB and shall retain ownership of the products at all times during processing. If third parties are involved in the treatment or processing, the Contractor shall be limited to a co-ownership share in the amount of the invoice value of the goods subject to retention of title. The property thus acquired shall be deemed to be reserved property.

VI Complaints/warranties

  1. The client must in all cases check that the delivered goods and the preliminary and intermediate products sent for correction are in accordance with the contract. The risk of any errors shall pass to the client with the declaration of readiness for printing/declaration of readiness for production, insofar as these are not errors that only arose or could only be recognised in the production process following the declaration of readiness for printing/declaration of readiness for production. The same applies to all other release declarations of the client.
  2. Obvious defects must be reported in writing within a period of one week from receipt of the goods, hidden defects within a period of one week from discovery; otherwise the assertion of warranty claims is excluded.
  3. In the event of justified complaints, the Contractor shall be obliged, at its discretion, to rectify the defect and/or supply a replacement, to the exclusion of other claims. In the event of delayed, omitted or unsuccessful rectification or replacement delivery, the client may demand a reduction in payment (reduction) or cancellation of the contract (rescission).
  4. Defects in part of the delivered goods do not entitle the customer to complain about the entire delivery, unless the partial delivery is of no interest to the customer.
  5. In the case of colour reproductions in all manufacturing processes, minor deviations from the original cannot be objected to. The same applies to the comparison between other originals (e.g. digital proofs, press proofs) and the final product.
  6. The contractor shall only be liable for deviations in the quality of the material used up to the amount of the order value.
  7. Deliveries (including data carriers, transferred data) by the client or by a third party engaged by the client are not subject to any inspection obligation on the part of the contractor. This does not apply to data that is obviously unprocessable or unreadable. In the case of data transmissions, the Client shall use state-of-the-art protection programmes for computer viruses prior to transmission. Data backup is the sole responsibility of the client. The contractor is authorised to make a copy.
  8. Excess or short deliveries of up to 10 % of the ordered quantity cannot be objected to. The quantity delivered shall be invoiced. For deliveries of customised paper products weighing less than 1,000 kg, the percentage is increased to 20 %, and to 15 % for deliveries weighing less than 2,000 kg.

VII Liability

  1. The Contractor shall only be liable for damages caused by wilful intent or gross negligence, as well as in the event of a breach of essential contractual obligations, insofar as the achievement of the purpose of the contract is jeopardised, in the absence of warranted characteristics and in cases of mandatory liability under the Product Liability Act. In the event of culpable breach of material contractual obligations, liability shall be limited to foreseeable damage typical of the contract.
  2. The same principles shall apply to the liability of the Contractor's vicarious agents.
  3. If claims for damages are asserted, they must be brought to court within four months of written rejection by the contractor. A later assertion is excluded, unless a procedure for the preservation of evidence has been initiated.

VIII Commercial practice

In commercial transactions, the commercial practices of the printing industry shall apply (e.g. no obligation to hand over intermediate products such as data, lithographs or printing plates that are created for the production of the final product owed), unless a deviating order has been placed.

IX Archiving

Products to which the Client is entitled, in particular data and data carriers, shall only be archived beyond the time of handover of the end product to the Contractor or its vicarious agents by express agreement and against special remuneration. If the above-mentioned items are to be insured, this must be arranged by the Client itself in the absence of an agreement. Embossing and punching tools shall not be stored. Should the client wish the embossing and punching tools to be handed over, this must be communicated when the order is placed.

X Periodic work

Contracts for regularly recurring work can be cancelled with a notice period of 3 months.

XI Third party rights

The client assures that the rights of third parties, e.g. copyrights, labelling rights or personal rights, are not infringed by his order specifications, in particular by templates supplied by him. In this respect, the Client shall indemnify the Contractor in full against all third-party claims, including the costs of legal defence and/or prosecution, unless the Client can prove that it is not at fault and that it has complied with all its duties of care and inspection.

XII Place of fulfilment, place of jurisdiction, applicable law

  1. place of fulfilment and place of jurisdiction for all disputes arising from the contractual relationship shall be the Contractor's registered office if the Client is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany. The contractual relationship shall be governed by German law. UN sales law is excluded.
  2. Should one or more provisions of this contract be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions