Terms an Conditions
By placing the order, the customer accepts our terms of sale, delivery and payment. They form an essential part of the contracts concluded. Other agreements are only valid if they have been agreed or confirmed by us in writing; this also applies to changes to this written agreement. If our sales and delivery conditions conflict with other provisions, these terms and conditions are canceled; our terms and conditions take their place - they apply exclusively.
These offers are only aimed at buyers who use the goods exclusively in their independent professional, commercial, official or business activity. This must be proven to us on request. By placing the order, the buyer confirms the appropriate use of the goods.
2. Conclusion of the contract
An order is a binding offer. We can choose to accept this offer within 14 days by sending a written order confirmation or by sending the ordered goods to the customer within this period.
Our written order confirmations are non-binding with regard to price and delivery options. We always reserve the final decision for sales or deals made by commercial agents.
All prices shown are net prices and do not include statutory VAT.
Unless otherwise stated in the order confirmation, our prices apply from D-86874 Mattsies plus transport costs. In the case of contracts with an agreed delivery time of more than 6 weeks, we reserve the right to increase the prices in accordance with the cost increases that have occurred due to collective bargaining agreements or increased material costs. If the increase is more than 10% of the agreed price, the customer has a limited right of termination. If we do not receive notice of termination within 7 days of notification of the increase, the right of termination shall expire.
The seller reserves the right to change prices in individual cases if there has been a change in raw material prices by the time the order is executed. Delivery quantities can only be confirmed subject to reservation with reference to the raw material quantities available at the time of production.
All deliveries are made by cash on delivery. In the case of special agreements, payment by invoice, these are payable within 8 days with a 2% discount from the invoice date or within 14 days from the invoice date net, unless otherwise agreed. A discount is only granted if all payment obligations from previous deliveries have been met. Payments, including prepayment, only have a discharging effect if they are made to us.
All prices and offers are ex works. Unless otherwise agreed, the shipment travels at the expense and risk of the buyer. Packaging and shipping costs are charged at cost. Packaging is not taken back. If delays occur after handover to the carrier or by the customer, the delivery is deemed to have been effected on the day of the invoice and all risks are transferred to the customer. Shipping is generally cash on delivery.
4. Delivery times
The day of the order confirmation or the day of handover to the carrier is considered the starting day for agreed delivery periods. The delivery date refers to the delivery from the factory without exception. We generally exclude fixed dates.
Failure to comply with the delivery time does not give the right to compensation or withdrawal from the contract, unless the delay was caused intentionally or through gross negligence. In this case, the damage caused by delay is limited to 30% of the order value. Compliance with our delivery obligation requires the timely and proper fulfillment of the customer's obligations.
The delivery date confirmed by us cancels any relevant regulations of the customer. It is deemed to have been agreed upon acceptance of the order confirmation without contradiction. Disruptive events, in particular cases of force majeure, industrial action, lack of energy or raw materials or similar events that we or our suppliers are not responsible for, release us from timely delivery.
5. Custom orders
In the case of orders for custom-made products, the purchaser assumes all liability for the existence of his trademark, copyright, reproduction and manufacturing rights. Liability for the violation of the rights of third parties is excluded, unless they are based on intent or gross negligence. The customer releases us from any third party claims. Tools, molds, etc. which are used to manufacture special If you have to pay a pro rata calculation, we shall retain ownership.
6. Reservation of quantity and material
We reserve the right to deviate in terms of color, material thickness and design. Our information on the subject of delivery and service are descriptions or labels and not guaranteed properties. Under or over deliveries of up to 10% are reserved as is customary in the market.
Samples are calculated and cannot be taken back for organizational reasons.
7. Import items
For imported articles, delivery quantities and delivery times are confirmed with the reservation that the goods are available to the seller, provided that he has taken the customary measures to be expected from him.
Products to which the client is entitled, in particular data, data carriers, films and clichés, are archived by the contractor for 24 months after each project has been invoiced. Longer archiving is only possible by express agreement and for an appropriate fee. However, this must be expressly instructed in advance by the client
9. Ceramic print products
If, for whatever reason, a proof copy is not used, any right to complain about the correctness of the text, decorative colors and decorative elements expires.
QUALITY Furnace sorting according to the standard possibilities given in the Far East. Standard corresponds to the conventional oven sorting dozen items; Samples represent a qualitative average. Percentages of non-circular or surface glaze-porous fluctuations within the edition / batch are to be accepted.
a) PRINT QUALITY: A 100% homogeneous print image and exact register cannot be guaranteed due to tolerances of the object to be printed. Deviations from the color copy provided or the print sample are therefore possible. This applies to all promotional items from 4business GmbH
Complaints about incomplete or incorrect delivery or recognizable defects must be made to us in writing immediately after delivery of the goods. In the case of hidden damage, shortages or defects, however, after 5 days at the latest. This obligation also applies to third parties who have been specified by the customer as the recipient (customers or processors of the customer). When placing the order, the purchaser must inform the recipient named by him of the special notification obligations.
For defects that can be proven to have occurred as a result of a circumstance prior to the transfer of risk, we shall, at our discretion, provide a guarantee through repair or replacement. Defective articles are to be sent to us at our request. If we are unable to make improvements or deliver replacements within a reasonable period of grace, the customer can withdraw from the contract. We do not provide any replacement for covering purchases made by the customer without our consent, in particular without providing us with the option of repair or replacement. Claims for damages are excluded unless they are based on intent or gross negligence.
11. Retention of title
Until the final payment, the goods remain our property in such a way that the buyer is only entitled to sell the goods in the ordinary course of business; In particular, the buyer may neither pledge these to a third party nor transfer them as security until they have been paid in full. The retention of title is extended beyond the point in time of the resale of the goods in such a way that the purchase price claim of the customer is deemed to be assigned. At the request of the customer, we undertake to release the securities to which we are entitled under the above conditions insofar as their realizable value exceeds the claims to be secured by more than 20%. In the event of resale under retention of title, all reserved rights are assigned to us. If the goods are mixed or combined with other goods, the retention of title remains in such a way that we become co-owners according to the value of our goods. If the goods are seized or attached by a third party, the buyer must point out our retention of title and notify us immediately.
12. Restraint and offsetting
The customer is only entitled to set-off claims or rights of retention if his counterclaims have been legally established, are undisputed or have been recognized by us. Deductions that have not been agreed will not be recognized. This applies in particular to the purchaser's expenses which, according to the public opinion, are costs of his own economic activity.
13. Part deliveries
We are entitled to make partial deliveries unless expressly agreed otherwise. This applies in particular to orders that consist of several products and thus production in different areasgoods must be done. In the case of such orders, the confirmations are already divided by product.
14. Withdrawal from the contract and granting of credit
We are entitled to withdraw from the contract for important reasons. Important reasons are, in particular, default in payment, payment difficulties and refusal to provide the required security. If there are important reasons, granted loans are due immediately. The granting of credit, even within the above-mentioned payment deadlines, is at our discretion. Information given on the phone regarding price and delivery time is always non-binding. Only information and agreements given in writing are binding.
15. General offers
It is agreed that our terms and conditions are included in all of our offers. They are part of our order confirmations and contractual agreements.
16. Place of performance and jurisdiction
The place of fulfillment and place of jurisdiction for both parties is AG Memmingen or LG Memmingen.
17. Choice of Law
The law of the Federal Republic of Germany applies to all contracts concluded with us.
18. Severability Clause
Should one or more provisions of these terms and conditions be or become ineffective for any legal reason, this shall not affect the rest of the agreement.