General terms of delivery and payment terms
Our following conditions are valid exclusively. Preceding conditions
lose their validity with the appearance of these conditions.
Customer conditions which differentiate from our terms do have no validity.
In case of contradicting meanings concerning conditions, the
general terms of business are valid only in the respect to be favourable to the other party.
To the rest, slide-positive right is valid (BGHZ 61, S.282; BGH BB 1974, S. 1136/1137).
2. Order acceptance
The order is a binding offer. It is accepted by us, if we confirm the order
acceptance in writing or send or hand over the ordered product within the
agreed delivery time.
3. Delivery times
The delivery times are directed after our price list. Become agreed delivery
times not kept by our fault, the customer is entitled to an adequate extension
to be placed. If we are not able to deliver within this of us as appropriately
accepted extension, the customer is entitled to withdraw from the contract. The customer
is entitled of compensation only, if our delay of delivery was based on intention or
4. Payment conditions
Our payment conditions are to be paid within 7 days from calculation date
with 2% discount or within 21 days purely net. We are entitled by legal
conditions maturity interest to charge a rate of 5% from day of maturity (§§352, 353 HGB).
If the customer is behind with payment, we are entitled to charge interests on
arrears at the rate of five percent points additional to the base interest rate
(§§286 Abs.1, 288 Abs. 1 Civil Code).
If we can prove a higher damage, we are entitled to claim the costs due to this damage.
Compensation rights are entitled to the customer only, if his counter claims are
legally ascertained, indisputable or recognised by us.
New customers with first missions are asked to pay cash or with high speed
train cheque. On payments with credit card, we can grant no discount payment.
We work with the most modern manufacturing methods and tools.
Wishes concerning the colour scheme are strictly followed within the scope of
the technically possible considers. In dealing with orders where no special
wishes are placed, we choose the, in our view, right colour rendering.
If the customer is not satisfied with our choice, he is entitled to spare delivery.
Complaints are only accepted within 6 days on receipt of the product under the
entire return of the complained order together with all material and order
documents to be recognised.
If we are not able to remove the lack of the order or the removal is delayed
above adequate terms for reasons of which we have to represent, the
customer is entitled to withdraw from the contract or of asking for a lowering of
the purchase price.
Going out claims above that, in particular compensation claims including
escaped profit or other property damages of the customer are excluded.
This restriction of liability is not valid, as far as damage is based on intention or
Such guarantee claims are also excluded if the damage was already based on
the original documents which were given into our possession.
If the business of both parts is a commercial transaction, the customer has the
duty according to §§377 following HGB to a comprehensive investigation and a
6. Retention of title
We own the property in the product up to the entrance of all payment from the
contract before. If the customer’s behaviour is contrary to the terms of
agreement, we are entitled to take back the product.
We reserve all rights for processing, reorganisation or printing and require the
joint ownership in the new product comparatively the value of the product, to
other processed objects at the moment of processing.
If the thing of the customer is to be looked as a central issue, the customer has
to transfer a joint ownership to us according to portion.
We oblige the customer as being entitled to securities from publishing
companies, as the value of our securities exceed the demands to be protected
about more than 20%.
7. Place of fulfilment and legal venue
For both parties, place of fulfilment is to be Einhausen.
For all immediately or indirectly arising disputes, court state for everybody from
the contractual relationship will be Darmstadt, namely also complaints in the
change or cheque process.
Legal venue arrangements are allowed after §38 ZPO, if the parties to a
contract are either businessmen or legal entities of the publicly juridical special
For the rest, a court not responsible in itself may become responsible in the
process case only, if it comes to involvement without rebuke during the verbal
8. Severability clause
If parts of these regulations have become ineffective, this does not touch the
validity of the remaining regulations. Here the ineffective regulations are
replaced by regulations which are juridical or economical more suitable.
Einhausen, in December 2008