GENERAL TERMS AND CONDITIONS
Kalendermacher GmbH & Co KG
(written by the Austrian Calendar Association)
For our deliveries and client-payments only the following delivery and payment conditions apply; if there should be any information missing, the law applies. Deviating purchasing conditions of the customer are only valid if we expressly acknowledge them in writing. By accepting the goods, the customer accepts our terms of delivery and payment, excluding his own terms of purchase.
(1) Our offers are subject to change and non-binding. The documents attached to our offers, such as images and drawings as well as all information concerning type and scope of deliveries and services offered by us, are merely approximate information. We reserve the right to make changes due to printing specificities.
(2) We reserve the right of ownership and copyright to cost estimates, drawings and all other documents; they may neither be made available to third parties nor used for their purposes.
2. Acceptance of the order
(1) The order is only considered accepted if it has been confirmed by us in writing, by e-mail or by fax. Commitments and collateral agreements made by our employees as well as any verbal, telephonic or telecommunicative amendments or changes of any kind are only valid if they are confirmed by us in writing, by e-mail or by fax.
(2) Consignments of approval and sampled offers within the framework of orders are considered approved if they are not returned within eight days.
3. Price and payment conditions - offsetting
(1) The prices apply ex works, but excluding sales tax and packaging. Packaging is not taken back.
(2) Price increases of materials or wages in the period between order and delivery, which are above 5% of the agreed prices, shall bear the customer.
(3) Design and proof costs as well as costs for the execution of special requests are not included in the price, but will be invoiced separately. The same applies to samples and drafts produced upon request of the customer, even if the order is not carried out.
(4) Payments are to be made in cash or by bank transfer, without any deductions, free and within 30 days of the invoice date; For payments within 8 days of the invoice date, the customer can deduct a cash discount of 2%. We reserve the right to set off with which claims or parts of claims the purchaser's payments are to be offset. Bills of exchange and checks are not accepted as mean of payment.
(5) For deliveries up to an order value of 70€ (excluding VAT), we either charge a surcharge of at least 7€ or we only deliver against cash on delivery or immediate cash payment.
(6) If the payment deadline is exceeded, we will charge default interest of 8% above the respective discount rate of the Austrian National Bank plus the costs of the reminder. This does not exclude further consequences of default.
(7) The withholding of payments or offsetting against other customer counterclaims disputed by us, is excluded.
4. Provided Materials - Safekeeping Obligations
(1) The customer must deliver the materials he has provided (paper, printing plates, etc.) carriage prepaid. We always confirm their receipt without guaranteeing the correctness of the quantities specified in the delivery documents. We are only liable for damage to the provided materials as custodian in accordance with point 13, paragraph 1, for our own negligence, but only up to 4 weeks after the completion of the work we undertook; any further liability for this reason is excluded.
(2) We are entitled to invoice the customer for the costs associated with inspection and storing the material provided.
5. Fulfillment of the contract, dispatch and delay
(1) The delivery period begins with the dispatch of the order confirmation, but in no case does the period begin before the documents, aids, permits or approvals has been provided by the purchaser or the advance payment has been received. The delivery date is basically only an approximate date, unless we have expressly promised the customer a fixed date. The delivery deadline is met in any case if the delivery item has left the factory before it has expired or if we have notified our readiness for delivery by then.
(2) These deadlines are extended accordingly by unforeseen obstacles of any kind beyond our sphere of influence, such as operational disruptions, labor disputes, delays in the delivery of essential raw materials or aids, etc., insofar as these obstacles are significant for exceeding the deadline. Such hindrances also remove the consequences of a delay for which we are responsible for their duration. The same also applies to the duration of the review of brush prints, proofs or samples. The beginning and end of such obstacles will be communicated immediately. We are entitled to withdraw from the contract wholly or in partially if such hindrances occur; in this case, customer compensation claims are excluded.
(3) If the agreed deadlines or periods extended in accordance with the preceding paragraph are exceeded by more than eight weeks, the customer is entitled to withdraw from the contract by setting a period of at least three weeks by means of a registered letter; in this case, customer compensation claims are excluded. (4) In the case of small quantities, excess- and short-deliveries are permitted up to 10%, otherwise up to 5% and charged proportionally to the agreed price.
(5) The shipment takes place at the risk and expense of the customer. We reserve the right to decide about the shipment type and route under exclusion of liability. We only take out transport insurance on behalf of and for the account of the customer.
(6) We are entitled to make partial deliveries.
(7) Compliance with the delivery deadline requires the customer to fulfill its contractual obligations.
(8) If the shipment is delayed for a reason for which the customer is responsible, he must pay the storage costs for storage in our factory (office), but at least 0.5% of the invoice amount per month. We are also entitled to set a grace period of no more than 14 days for the customer and, after this has elapsed without result, either to dispose of the delivery item elsewhere and to deliver to the customer within a reasonably extended period or to withdraw from the contract and demand compensation for non-performance. In the latter case, we are entitled to demand 10% of the delivery fee as compensation without special proof; with appropriate evidence, we can also claim compensation for further damage.
6. Ownership and Copyrights
(1) Insofar as we are entitled to the copyright or the ancillary copyrights to the delivery item or to parts thereof, upon acceptance of the delivery, the customer is merely given the non-exclusive distribution right within the meaning of Section 16 of the Copyright Act; our rights of use remain unaffected. We are exclusively entitled to use the means of reproduction manufactured by us for the production of further workpieces; we are not obliged to surrender such means of reproduction.
(2) We are neither obliged to check whether the purchaser has the right to reproduce the printing material or to use it in any other way, nor to warn the purchaser, even if it is evident without an examination that copyrights or ancillary copyrights of third parties are being violated; rather, we can rely on the fact that the purchaser is entitled to all rights necessary for the execution of the order vis-à-vis third parties.
(3) If claims are made against us by third parties for infringement of copyrights, ancillary copyrights or other industrial property rights or personal protection rights, the customer shall indemnify us and hold us harmless.
(4) The Contractor must use state-of-the-art anti-computer virus programs before transferring data. The Contractor will be solely responsible for data security. We may produce copies.
7. Name and Brand Imprint
We are entitled to have our company name or our brand name printed on the print products we produce, even without special permission from the customer.
8. Transfer of risk
(1) The risk is transferred to the customer as soon as the delivery item has left our factory; The same applies to partial deliveries or in the event that we have taken on additional services such as shipping costs or delivery. (2) If the shipment is delayed for reasons for which we are not responsible, the risk is transferred to the customer when the customer is notified that the goods are ready for delivery.
9. Retention of title
(1) We reserve title to the delivery item until all claims, to which we are entitled for whatever legal reason, have been paid in full.
(2) The customer may only resell the delivery item in the context of his business operations aimed at it; this authorization is excluded if the resulting claims are assigned to third parties or are subject to a prohibition of assignment, if the customer is insolvent or is in default with the fulfillment of his contractual obligations. Any other disposition is not permitted.
(3) The customer hereby assigns his claims and other rights from the resale to us.
10. Ownership of the intermediate products
The briefs, printing plates, films, punches and clichés produced by us or by a third party on our behalf, as well as the other equipment provided for the production process, remain our inalienable property, even if the customer has paid compensation for them.
Without a special agreement with the customer, we are not obliged to store printing work, films, papers, etc. not obliged.
(1) We are not liable for customary deviations concerning the weight of paper, cardboard or other material, for minor deviations in color nuances or in format and for other deviations to be tolerated according to the practices, as well as for printing and execution errors that the customer may have overlooked and which he has approved as ready for printing. The same applies to changes communicated orally, by telephone, telegram or via other media (e.g. e-mail, Isdn, ...) and for the correctness of the data disclosed by third parties (such as by Named or public holidays of the various religions at home and abroad, trade fair dates, due dates, holidays, etc.).
(2) Typesetting errors caused by us will be corrected free of charge. Changes to the print template will be charged separately (author corrections). Printed Proofs will only be presented to the customer upon request. In any case - even if we submit proofs of our own accord - the purchaser must declare their approval within the period specified by us; after this period has elapsed without acceptance, the deductions are deemed to have been approved. If the customer waives the submission of proofs, we are only liable for printing errors according to point 13, paragraph 1.
(3) Defects concerning delivery items must be reported in writing within eight days of their delivery, hidden defects immediately after their discovery with at least five specimen copies, otherwise the goods are deemed to have been approved. The notification of defects must state which delivery items are affected by the defects, what the defects are in detail and under what accompanying circumstances they occurred. Each individual defect must be described in detail. We are to be reimbursed for costs caused by unjustified or unconditional notifications of defects.
(4) We are only liable for defects in the delivery item that occurred within one month of the transfer of risk (point 8) as a result of a cause prior to this point in time.
(5) Insofar as we provide a guarantee, we shall, at our option, either replace the defective item or its defective parts with a defect-free item or repair it or issue the customer with a credit corresponding to the price reduction. The replacement of defective objects or parts does not extend the warranty. Exchanged parts become our property. We will not reimburse the costs of repairing defects carried out by the customer or a third party.
(6) At our request, the delivery item or its defective part must be sent to us immediately, carriage paid and duty-free, otherwise any warranty obligation shall expire.
(7) The guarantee presupposes the fulfillment of the contractual obligations of the customer.
13. Compensation for damages and product liability
(1) All further claims by the customer or third parties, especially claims for compensation for damage of any kind, are excluded, unless the damage was caused by us intentionally or through gross negligence. Such claims can also only be asserted in court within six months from the occurrence of the damage, but in any case only within two years from the transfer of risk (point 8).
(2) For those parts of the goods that we have obtained from sub-suppliers, we are only liable within the scope of the warranty claims to which we are entitled against the sub-suppliers.
(3) Our liability to pay compensation for property damage based on the Product Liability Act (BGBI 99/1988), including all recourse claims, is excluded.
14. General Provisions
(1) The place of performance is our delivering branch; exclusive place of jurisdiction is Korneuburg. Austrian substantive law and the commercial customs applicable at the place of performance shall apply to legal disputes arising from the contract.
(2) The customer may only assign his rights from the contract with our written consent.
(3) The customer already now authorizes us to inquire about names in the entire federal territory or, at our request, has to send us a written power of attorney to request copies and notifications from the list of persons within the meaning of Section 5 (4) first sentence of the GUG.