General terms and conditions

General Business and delivery conditions

I. Coverage

The following business and delivery conditions have validity with regard to all orders of the Consignee – including all future business deals as well as all cases which have not additionally and/or unambiguously been agreed on. Deviating stipulations by the Consignor, especially differing general business conditions, may be incorporated into the contract only if this has explicitly been confirmed in writing. 

II. Prices

All prices and commercial offers are subject to confirmation. The prices valid on the day of the particular delivery are used for invoicing. The price stated in the quotation shall be applied provided that the order details constituting the basis of the delivery of the goods remain unchanged. Our prices are exclusive of the statutory value added tax and are quoted ex works and, consequently, they do not cover packaging, freight, postage, insurance or any additional expenses. 

Subsequent changes or modifications requested by the Consignor, including possible equipment downtimes caused by the former, shall be for the account of the Consignor. Final orders, changes or supplementary agreements need to be confirmed by us in writing as to come into power. 

Drawings, designs, test runs, samples and orders of samples placed or initiated by the Consignor, are not done free of charge. 

All color tints, shapes etc. specified by us, are subject to reasonable tolerances as customary or typical of our industry or of the particular designated use which cannot be ignored considering the level of technology at the time the order is placed. By repeat orders one can experience, based on the specifics of mass production, insignificant color variations in comparison to the preceding order(s). Printing errors are for the account of the Buyer as long as they are not to be attributed to us but are the result of the illegibility of the master copy / artwork, or of subsequent changes. We accept no liability for the correctness of the execution in the event of orders placed by telephone. 

Sample costs are charged per a separate invoice, in accordance with the current price lists. 

III. Payment terms

Terms offered to all new customers: ‘advance payment’ or ‘cash on delivery’. Terms by repeat orders: 10 days net payment. Should you wish to take advantage of our direct debit system, we will grant you 3 % discount for payments made within 8 days. Unauthorized discount deductions are generally claimed back. 

By deliveries of finished products, 50 % of the net order price shall be payable upon acceptance of the order, and 50 % net - upon receipt of the goods. The Buyer is allowed offsets only upon presentation of an uncontested or legally binding claim. The latter is applicable also in cases of withholdings or price reductions. 

IV.

In the event of default payment, an administrative fee of 7,50 € per warning will be charged. Should the Buyer be in default of a due payment, then the Seller should be entitled to demand default interest to the amount of 5 % over the respective prime rate. 

V.

Should settlement of the pecuniary claim be jeopardized following a deterioration of the financial situation of the ordering party which has arisen or transpired after the signing of the contract, the Seller can demand advance payment and immediate payment of all open invoices, incl. those which are not due at that moment, as well as hold back the shipment of the goods which have not yet been delivered, and cease further work on current orders. 

VI. Delivery, Lead Time

The Seller undertakes to dispatch the goods to the Buyer with due diligence, however, the former is only liable in cases of willful intent or gross negligence. Shipments are executed on the basis of invoices issued by the Buyer and at the latter’s risk, ex works /freight collect/. In cases of shipments whereby the freight has been prepaid by the Seller, postal charges are detailed as a separate item on the invoice. 

Terms of delivery and lead times are valid only when they have explicitly been confirmed by the Seller in writing. Companies ahead of the expiry of the lead time as well as partial shipments are allowed. By subcontractor commissioning, delivery time of up to 3 weeks upon receipt of the artwork / blueprints and the raw materials for the final products are applicable, four to six weeks upon receipt of payment, confirmation of the blueprints and order confirmation, as agreed, should be valid without special agreement. 

Should the Seller be in default with the goods and/or services due, a reasonable grace period shall be granted to the former in writing. Once this grace period has expired without any outcome, the Buyer has the right to withdraw from the contract. Claims for damages due to late deliveries or non-deliveries, are not allowed. 

All deliveries are executed under retention of title. The already delivered goods remain the property of the Seller until full payment has been made of all current outstanding amounts owed to the Seller by the Buyer pursuant to the existing business terms. The Buyer is entitled to sell the goods in a due business procedure. The Buyer cedes to the Seller, with immediate effect and for the latter’s security, all outstanding amounts owed to him by the re-purchaser following said resale. The Buyer is entitled and liable to collect the due amounts, as long as the Seller has not waived this right. The collection authorization of the Seller expires, without an explicit declaration on the part of the Seller, when the Buyer ceases to make payments. The Seller shall not make use of his collection authorization, provided that the Buyer continues to duly comply with his payment obligations. 

VII. Notifications of Defects / Claims / Exclusion of Liability

In every single instance, the Buyer has to verify the compliance of the delivered goods against the contract. Once a statement has been made by the printing plant, the risk of possible discrepancies shall be transferred to the Buyer, as long as same is not a result of defects occurred or detected during the subsequent production process. The same applies to all further release certificates by the Buyer concerning future production. 

Claims are allowed only within one week upon receipt of the goods and must, in every single case, be placed in writing. Should the claim be on the part of the Buyer, the processing and/or treatment of the goods must be put on hold or stopped immediately and the Seller notified. Claims based on hidden defects which have not been detected during the course of the inspection performed further to the claim, are to be asserted at once following their detection but within six months at the latest upon delivery of the goods to the Seller. 

No claims may be raised referring to goods which have been further processed or treated, unless some hidden defects have been ascertained which are to be accounted for by the Seller. In any case, the rejected goods are to be presented to the Seller. 

Should the Buyer decide to store the finished goods in the Seller’s warehouse, the above specified periods shall run from the date of receipt of the invoice covering the goods and issued by the Seller to the Buyer. The Seller shall offer the Buyer the opportunity to inspect the goods which he has accepted to store. 

Liability of the Seller is waived in cases of defects and losses which could be covered through the Standard Insurance of Finished Textile Goods ("Einheitsversicherung für Textilveredelungsware") approved by the Federal Insurance Supervisory Agency (Bundesaufsichtsamt für das Versicherungswesen) (fire, lightning, explosion, flood etc.) as well as direct and collateral damages as a result of any other event (i.e. disruption of operations, accidents, official measures, war etc.) and their consequences, provided that the Seller has demonstrably exercised Due Diligence for the prevention of damages and losses. 

Warranty and liability is also excluded in the event of defects and losses which are to be attributed to the condition of the goods. Furthermore, when foreign objects which had been in store at the time of receipt of the goods at the factory of the Seller have been incorporated into the finished goods of the Buyer and can be attributed to incorrect or incomplete information when placing the order, or to obscurely damaging treatment instructions by the Buyer. 

The Seller is not liable for defects which are attributable, directly or indirectly, to earlier treatment of the goods as delivered, by the Buyer or by a third party, as well as in cases of modernization or repainting jobs, defects which are attributable, directly or indirectly, to the fact that inadequate sizing agents have been used by the finishing works of the assigned goods. 

The Seller cannot call upon the disclaimers in paragraph ... as long as the defects and damages claimed by the Buyer, notwithstanding the conditions for the exclusion of liability, are resulting from errors by the Seller during the process of the finishing works. 

The Seller is not liable for commercially typical deviations or for minor technical filling wastes and deviations which could not have been avoided, i.e. deviations in quality, coloring, width, weight, equipment, or design. 

VIII. Rectification of Defects, Compensation for Damages

When the claims are justified, the Seller shall be legally responsible, at his own discretion and under dissociation of other requirements, to remove defects and/or make a replacement delivery. In the event of color deviations not classifiable under Paragraph VII., as well as when the articles in question are also sold in alternative colors, the elimination of defects can also include a re-dying into a marketable color following a consultation with the Buyer. By replacement deliveries the Buyer – provided that he is able to do so and as long as this is justifiable – shall supply the Seller, on request by the latter, with the corresponding grey cloth as required for the production, at the cost price at which same can be produced resp. purchased. 

If the Seller decides not to exercise his right of correction, color makeover, elimination of defects or goods replacement delivery, or should the above measures prove to be unsuccessful or impossible, then the Buyer is entitled to withdraw from the contract. §361 of the German Civil Code (BGB) remains unchanged. Liability for consequential harm caused by defects is excluded, unless the Seller or his settlement associates can be held responsible on account of willful intent or gross negligence. When the essence of the order incorporates processing or finishing works on print products, the Seller cannot be held responsible for defects of the end product caused by the actual processing or finishing works, provided that these defects are not the result of willful intent or gross negligence. 

Defects limited to a part of the delivered goods only, do not justify a claim including the entire delivery, unless the Buyer has no use of partial deliveries. 

IX. Proprietor / Copyright

All designs and texts already approved for print are the sole responsibility of the Buyer. The latter is solely responsible in the event of third party rights being breached in the course of the execution of his order. This is applicable especially when the motif applications concerned are subject to licensing rights. The Buyer shall release the Seller from all third-party liabilities arising from such breach of rights. 

Business tools and equipment, especially films, drawings, printing plates, lithographic prints, templates, print cuts and color recipes etc. used by the Seller for the production of the contract goods remain, also when they are invoiced separately, the property of the Seller and will not be delivered to the Buyer. We prefer to receive your blueprints as vector graphics (please convert CDR, EPS, Fh9 to objects, or deliver together with "Font") or pixel graphics (TIFF, JPG, PSD, PDF). Furthermore, the data shall have a resolution of at least 300dpi as to avoid needless retouching costs. If it proves impossible to provide the data in a working format, our graphic designers can create your designs according to your specifications. Cost rates are based on the current price list. You will receive our offer specifying the projected costs, prior to the commencement of the processing. 

Print screens are stored for a period of 4 months after the final work has been accomplished. If no follow-up orders or requests for archiving are received from the Buyer within 4 months, the screens are erased. Creation of new fixtures is possible and will be calculated based on the current price lists. 

X. Place of Jurisdiction, Place of Execution, Miscellaneous

When both the Seller and Buyer are registered traders according to the German Commercial Code (HGB), place of execution and place of jurisdiction for all claims and legal disputes arising from the contractual relationship, is the seat of the Seller. 

Should one of the regulations of these General Business and Delivery Conditions be or become ineffective, this should not affect the validity of the rest of the regulations or agreements. Ineffective regulations are to be substituted by such new ones which best the intended commercial purpose. The same should apply to possible omissions. Apart from that, the Unified Conditions of the German Textile Industry ("Einheitsbedingungen der deutschen Textilindustrie") in their newest version shall apply, together with the supplementary regulations for print. 

Place of Execution: Meßstetten 

Place of Jurisdiction: Albstadt 

Registered Court: Stuttgart, Register Number HRB 40 280 

General Managers: Heinrich Mayer, Claudia Steidle, Michael Steidle 

Our General Business and Delivery Conditions (GBDC) are exclusively valid together with Unified Conditions of the German Textile Industry ("Einheitsbedingungen der deutschen Textilindustrie") in their newest version shall apply, together with the supplementary regulations for print. Extended retention of title pursuant to §7 Fabric Finishing (Textilveredelung). Our GBDC are available as Attachment, on the Internet and on all invoices. Place of execution Meßstetten. Place of jurisdiction Albstadt. Registered court Stgt. Register Number HRB 40 280. General Managers Heinrich Mayer - Claudia Steidle - Michael Steidle.

 

Contact:

Mr. Hildebrand
Tel.: +359–(0)745200–35

Mr. Steidle 
Tel.: +49–(0)7436–9280–0

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